2023 Illinois Compiled Statutes › Chapter 815 - BUSINESS TRANSACTIONS › 815 ILCS 370/ - Motor Fuel and Petroleum Standards Act.

(815 ILCS 370/1) (from Ch. 5, par. 1701)
Sec. 1. 
		
		This Act shall be known and may be cited as the "Motor Fuel
and Petroleum Standards Act".
(Source: P.A. 86-232.)
(815 ILCS 370/2) (from Ch. 5, par. 1702)
Sec. 2. 
		
		It is hereby declared to be the policy of this State that the
regulation of the quality of motor fuel and petroleum is in the public
interest and that
the promulgation of standards of quality will benefit the citizens of the
State of Illinois.
(Source: P.A. 86-232.)
(815 ILCS 370/3) (from Ch. 5, par. 1703)
Sec. 3. As used in this Act, unless the context otherwise requires:
(1) "ASTM" means ASTM International, an international,
nonprofit, technical, scientific and educational society devoted to the
promotion of knowledge of the materials of engineering, and the standardization
of specifications and methods of testing.
(2) "Motor Fuel" shall have the meaning ascribed to that term in Section
1.1 of the "Motor Fuel Tax Law", as now or hereafter amended.
(3) "Petroleum" means all illuminating oils, heating oils, LP gas,
kerosene, gasoline, diesel and all volatile and inflammable liquids
produced, blended or compounded for the purpose of, or which are suitable
or practicable for, operating motor vehicles.
(4) "Department" means the Illinois Department of Agriculture.
(5) "Person" means an individual, a corporation, company, society,
association, partnership or governmental entity.
(6) "Distributor" shall have the meaning ascribed to that term in Section
1.2 of the "Motor Fuel Tax Law", as now or hereafter amended, and any
person who either produces, refines, blends, transports, compounds or
manufactures petroleum in this State for the purposes of resale.
(7) "Director" means the Director of the Illinois Department of
Agriculture or authorized designee.
(8) "Retailer" shall have the meaning ascribed to that term in Section
2 of the "Use Tax Act", as now or hereafter amended and any person
engaged in the business of selling petroleum directly to the ultimate consumer.
(9) "Co-solvent" means an alcohol that is miscible with methanol and
has a molecular weight equal to or greater than that of butanol.
(Source: P.A. 96-1333, eff. 7-27-10.)
(815 ILCS 370/4) (from Ch. 5, par. 1704)
Sec. 4. ASTM standards.
(a) All motor fuel and petroleum sold or offered for sale in the State of
Illinois shall conform to the standards of this Act.  The standards set
forth in the Annual Book of ASTM Standards Section 5, Volumes 05.01, 05.02, 05.03, 05.04 and 05.05 and
supplements thereto, and revisions thereof are adopted unless modified or
rejected by a regulation adopted by the Department.  In addition, any
advertised or labeled declarations regarding the quality of a motor fuel
which are more stringent than ASTM standards shall be met.
(a-5) The quality of gasoline-oxygenate blends sold or offered for sale in this State shall meet the standards set forth in Section 2.1.1.1 or Section 2.1.1.2 of the Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation as provided under the National Institute of Standards and Technology Handbook 130, and any of its subsequent supplements or revisions, except as specifically modified, amended, or rejected by regulation issued by the Director.
(b) Minimum Automotive Gasoline Octane Requirements.
All leaded and unleaded gasoline sold in this State shall meet or exceed
the following minimum octane numbers:
Regular Grade 87
Midgrade or Plus 89
Premium or Super Grade 91
An octane number is determined by adding the research octane number to the
motor octane number and dividing by 2. (RON + MON)/2.  In addition, the motor
octane number shall not be less than 82.0.  All gasoline products sold at
retail shall have an octane number displayed.
(c) Each seller of a motor fuel shall notify the purchaser of the type and
quantity of motor fuel purchased.  For gasoline, the type shall indicate the
octane number.  This information shall appear on the bill of lading, manifest,
or delivery ticket for the fuel.  This subsection does not apply to sales at
retail.
(d) All gasoline products shall meet the most recently
adopted ASTM standards for spark-ignition motor fuel, and those standards
adopted under the provisions of the federal Clean Air Act by the U. S.
Environmental Protection Agency shall be the standards of this State in those
areas in which the federal Clean Air Act fuel standards apply.
(e) All biodiesel with a numerical value of B99 or above that is sold or offered for sale in the State of Illinois shall conform to the ASTM D6751 Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels. For the purposes of this subsection (e), "Biodiesel" means a fuel that (i) is comprised of mono-alkyl esters of long-chain fatty acids derived from vegetable oils or animal fats and (ii) meets the requirements of the ASTM D6751 standards.
(Source: P.A. 96-528, eff. 1-1-10; 96-1333, eff. 7-27-10.)
(815 ILCS 370/4.1) (from Ch. 5, par. 1704.1)
Sec. 4.1. (a) Upon any retail motor fuel dispensing device which is
used to dispense a motor fuel containing at least 1% by volume of ethanol,
of methanol,
or of a combination thereof, there shall be displayed a label
which identifies the maximum percentage by volume, to the nearest whole
percent, of ethanol, of methanol, and of
co-solvent contained in the motor fuel.  Such labelling shall be done in
contrasting colors with block letters at least 1/2 inch in height and 1/4 inch
in width, and not more than one inch in height and 1/2 inch in width, and shall
be visible to customers. The label shall be located on the front or sides of
the dispenser and within the top 30 percent of the height of the dispenser.  On
a dual-faced dispenser, the label shall be affixed on each front or each side
in accordance with these requirements.
Devices used to dispense only motor fuels which contain
a total of less than 1% by volume of methanol and ethanol
need not be so labelled.
(a-5) (Blank).
(a-10) (Blank).
(b) Each seller of a motor fuel which contains methanol,
ethanol, or biodiesel

shall notify the purchaser thereof of the percentage by volume of ethanol,
of methanol, of biodiesel, and of co-solvent which have
been added to such motor fuel,
and this information shall appear on the bill of lading, manifest or
delivery ticket for such motor fuel.  However, this subsection (b)
shall not apply to sales at retail.
(c) No motor fuel, whether or not it contains any lead or lead
compounds, may contain more ethanol
or methanol than is permitted, or contain less co-solvent than is
required, by the United States Environmental Protection Agency for
unleaded motor fuels under Section 211(f) of the federal Clean Air Act.
(d) All motor fuel sold or offered for sale by the distributor shall
contain the percentage and type of alcohol as stated on the bill of lading,
manifest or delivery ticket.
(e)  (Blank).
(f) Nothing in this Section shall be construed to require or impose an
obligation upon the owner or operator of a retail motor fuel dispensing
station,
facility, or device to perform a test on or measurement of a shipment of motor
fuel received to determine the specific content of ethanol, methanol, or biodiesel.
(Source: P.A. 95-381, eff. 7-1-08; 96-1333, eff. 7-27-10.)
(815 ILCS 370/5) (from Ch. 5, par. 1705)
Sec. 5. 
		Testing and fees.
(a) The Department shall, upon the complaint of any distributor, retailer,
or customer, on a random sample basis or when it deems necessary, test or cause
to be tested, motor fuel or petroleum sold or offered for sale to determine the
quality of the motor fuel or petroleum.
(b) If the Department does not have the laboratory capability to test motor
or petroleum fuel in accordance with the requirements of this Act, it may
contract with laboratories that have such capabilities for the testing of motor
fuel samples submitted by the Department.
(c) The Department shall, in addition to the specified monetary penalty,
assess and collect a fee of $100 for administrative costs, collect a
fee for sampling in an amount not to exceed the actual cost, and collect the
actual cost for the laboratory testing of each sample found by an
administrative hearing to be out of compliance with Illinois standards.
(d) Administrative, sampling and laboratory testing costs shall be
paid by the last seller of the motor fuel or petroleum at the location where
the out of compliance sample was obtained.
(Source: P.A. 88-582, eff. 1-1-95.)
(815 ILCS 370/5.1) (from Ch. 5, par. 1705.1)
Sec. 5.1. 
		Enforcement and administration.
(a) The Department shall enforce and administer the provisions of
this Act.
(b) The Department shall have access during normal business hours to all
distributor and retailer records relating to the production, blending,
refining, distributing or sale of motor fuel or petroleum.  In addition,
the Department shall have access to all motor fuel or petroleum for the
purpose of examination, inspection, taking of samples and investigation of
a retailer or distributor.  If access is denied by the owner or person
representing a retailer or distributor, the Department may obtain a search
warrant from a court of the appropriate jurisdiction.
(c) Samples may be collected from any person by the Department without
cost to the State.  The Department may test or analyze such samples on a
complaint basis, on a random sample basis, or as may be
deemed necessary to determine compliance with the provisions of this Act.
(d) The Department may issue a stop-use order for any motor fuel or
petroleum found not to be in compliance with any provision of this Act.  A
stop-use order shall be rescinded by the Director when the motor fuel or
petroleum is in compliance of this Act.
(e) The Director may cooperate with and enter into agreements with
persons in order to carry out the purpose and provisions of this Act.
(f) The Department shall notify the Department of Revenue of any
violation of Section 4.1 of the Act.
(g) Retailers or Distributors shall provide assistance to the Director
as may be necessary for enforcement of this Act.
(h) The Department is authorized to hold administrative hearings to
determine violations of the Act or rules and compliance with provisions of
this Act or rules.
(i) The Department may make such rules and regulations as may be
necessary to carry out the provisions of this Act.
(Source: P.A. 88-582, eff. 1-1-95.)
(815 ILCS 370/6) (from Ch. 5, par. 1706)
Sec. 6. 
		
		Any person who violates the provisions of this Act
shall be deemed guilty of a business offense and subject to a fine of not
less than $1000 for the first offense, not less than $1500
for a second offense and not less than $2500 for a third offense.
Any person who impedes, obstructs, hinders or otherwise prevents or
attempts to prevent the Director in the performance of official duties
shall be guilty of a Class B misdemeanor for the first violation and guilty
of a Class A misdemeanor for subsequent violations.  Any person using
physical force against the Director or his authorized agent in the
performance of official duties shall be guilty of a Class 4 felony.
(Source: P.A. 86-232.)
(815 ILCS 370/7) (from Ch. 5, par. 1707)
Sec. 7. Administrative hearing and penalties. When an administrative
hearing is held, the hearing officer, upon determination of a violation of
this Act or rules, other than violation of subsection (b) of Section 7.1, shall:
(a) Levy the following administrative monetary penalties:
(1) $500 for a first violation;
(2) $1,500 for a second violation within 2 years of     the first violation; and
(3) $2,500 for a third or subsequent violation within     2 years of the second violation; or
(b) (Blank).
Any penalty levied shall be collected by the Department and paid into the
Motor Fuel and Petroleum Standards Fund.  Monetary penalties not paid
within 60 days of notice from the Department shall be submitted to the
Attorney General's Office for collection.
All decisions and actions of the Department are subject to the Illinois
Administrative Procedure Act and the Department's Administrative Rules
which pertain to administrative hearings, petitions, proceedings, contested
cases, declaratory rulings and availability of Department files for public
access.
All final administrative decisions of the Department shall be subject to
judicial review pursuant to the provisions of the Administrative Review
Law, and all amendments and modifications thereof, and the rules adopted
pursuant thereto.  The term "administrative decision" is defined in
Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 96-1333, eff. 7-27-10.)
(815 ILCS 370/7.1)
Sec. 7.1. Fuel rating display standards; administrative penalty.
(a) Every retailer of motor fuel must display the octane number or fuel rating of the fuel
being dispensed on each motor fuel device that is dispensing a motor fuel 
product.  The octane number or fuel rating shall be displayed on the fuel dispensing device in
a manner consistent with regulations promulgated by the Federal Trade
Commission in 16 CFR part 306.  It is a violation of this Section, (1) to display an
octane number that is greater than the octane number of the gasoline being
dispensed, (2) to display a fuel rating that is not consistent with the percentage by volume of the principal component of the alternative liquid automotive fuel being dispensed, or (3) to display a fuel rating that is not consistent with the percentage of biodiesel or biomass-based diesel of the biodiesel blend being dispensed.
(b) A hearing officer that, after an administrative hearing held in
accordance with the provisions of Section 7, determines that a violation of
this Section has been committed shall impose a monetary penalty
in accordance with the following schedule:
(1) For a first time violation if the actual octane     number is found by the petroleum laboratory to be lower than the posted octane number by:
(A) at least 0.6, but not more than 1.5 octane         numbers, $500;
(B) (blank);
(C) (blank);
(D) (blank);
(E) (blank);
(F) more than 1.5 octane numbers, $1,000.
(2) For a second violation, at the same location     under the same ownership, within 2 years of the first violation if the actual octane number is found by the petroleum testing laboratory to be lower than the posted octane number by:
(A) at least 0.6, but not more than 1.5 octane         numbers, $1,000;
(B) (blank);
(C) (blank);
(D) (blank);
(E) (blank);
(F) more than 1.5 octane numbers, $2,000.
(3) For a third or subsequent violation, at the same     location under the same ownership, within 2 years of the second violation if the actual octane number is found by the petroleum testing laboratory to be lower than the posted octane number by:
(A) at least 0.6, but not more than  1.5 octane         numbers, $2,000;
(B) (blank);
(C) (blank);
(D) (blank);
(E) (blank);
(F) more than 1.5 octane numbers, $4,000.
(c) Any penalty levied under this Section shall be collected and deposited
in the manner provided for penalties collected under Section 7.  Actions and
decisions of the Department under this Section are subject to the
administrative procedures and review authorized under Section 7.
(Source: P.A. 96-1333, eff. 7-27-10.)
(815 ILCS 370/8) (from Ch. 5, par. 1708)
Sec. 8. 
		
		The Director may publish or cause to be published, any
information pertinent to the issuance of the decision of the court of
administrative hearing to such media as the Director may designate.
(Source: P.A. 86-232.)
(815 ILCS 370/9) (from Ch. 5, par. 1709)
Sec. 9. 
		
		The Director may file a complaint and apply for, and the circuit court may
grant, a temporary restraining order or preliminary or permanent injunction
restraining any person from violating or continuing to violate any of the
provisions of this Act or any rules and regulations promulgated under this
Act notwithstanding the existence of other judicial remedies.  Any such
injunction may be entered without notice.
The Department, over the signature of the Director, is authorized to
issue subpoenas and to bring before the Department any person or persons in
this State and to take testimony either orally or by deposition or by
exhibit with the same fees and mileage and in the same manner as prescribed
by law in judicial proceedings and civil cases in the circuit courts of
this State.  The Director is authorized to issue subpoenas duces tecum on
any or all individuals and records relating to the sale of petroleum or
motor fuel.  The Director may administer oaths to witnesses at any hearing
which the Department is authorized by law to conduct.
(Source: P.A. 86-232.)
(815 ILCS 370/10) (from Ch. 5, par. 1710)
Sec. 10. 
		
		There is hereby
created in the State Treasury a special fund to be known as the Motor Fuel
and Petroleum Standards Fund.  All fees and penalties collected by the
Department pursuant to this Act shall be deposited into the Motor Fuel and
Petroleum Standards Fund.  The amount annually collected as fees shall be
appropriated by the General Assembly to the Department for activities
related to the enforcement of this Act.
(Source: P.A. 86-232.)