reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.012 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 01 Jan 1988, see footnote
414.012. Definitions. —
As used in this chapter, the following words mean:
(1)
"American Society for Testing and Materials (ASTM)"
, a scientific and technical organization formed for the development of standards on characteristics and performance of materials, products, systems, and services, and the promotion of related knowledge;
(2)
"Aviation turbine fuel (jet fuel)"
, a refined oil intended for use as a source of energy for jet aircraft, the classification of which shall be defined by the American Society for Testing and Materials (ASTM);
(3)
"Barrel"
, for the purposes of sections 414.012 to 414.152, fifty gallons shall constitute a barrel;
(4)
"Closed container"
, a container so sealed by means of a lid or other device that neither liquid nor vapor will escape from it at ordinary temperatures;
(5)
"Combustible liquid"
, those liquids as defined by the most current issue of Booklet 30 of the National Fire Protection Association entitled Flammable and Combustible Liquid Code;
(6)
"Container"
, any vessel of sixty United States gallons or less capacity used for transporting or storing flammable or combustible liquids;
(7)
"Department"
, the Missouri state department of agriculture;
(8)
"Diesel fuel"
, refined oils commonly used in internal combustion engines where ignited by pressure and not by electric spark, the classification of which shall be defined by the American Society for Testing and Materials (ASTM);
(9)
"Director"
, the director of agriculture of the Missouri state department of agriculture or his delegated representative;
(10)
"Flammable liquids"
, those liquids as defined by the most current issue of Booklet 30 of the National Fire Protection Association entitled Flammable and Combustible Liquid Code;
(11)
"Gasoline"
, a volatile mixture of liquid hydrocarbons generally containing small amounts of additives suitable for use as a fuel in spark-ignition internal combustion engines;
(12)
"Gasoline-alcohol blend"
, a blend consisting primarily of gasoline and a substantial amount of one or more alcohols;
(13)
"Heating oil (fuel oil)"
, a refined oil intended for use as a furnace oil, range oil or fuel oil for heating or cooking purposes;
(14)
"Kerosene"
, a refined oil intended for heating or illuminating use, the classification of which shall be defined by the American Society for Testing and Materials (ASTM);
(15)
"Motor fuel"
, any liquid product used for the generation of power in an internal combustion engine;
(16)
"Person"
, both plural and singular, as the case demands, and includes individuals, partnerships, corporations, companies, firms, societies, and associations.
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(L. 1987 S.B. 249)
Effective 1-01-88
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.022 - Preemption by the state, political subdivisions may not regulate.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 01 Jan 1988, see footnote
414.022. Preemption by the state, political subdivisions may not regulate. —
The state of Missouri hereby preempts the field of regulating the inspection of and providing specifications for any substance regulated by sections 414.012 to 414.152 and it shall be unlawful for any political subdivision to impose by ordinance, order, or regulation any restriction on the use or sale of any substance regulated by this chapter.
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(L. 1987 S.B. 249)
Effective 1-01-88
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.032 - Requirements, standards, certain fuels — director may inspect fuels, purpose — waiver, when.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 2018, 3 histories
414.032. Requirements, standards, certain fuels — director may inspect fuels, purpose — waiver, when. —
1. All kerosene, diesel fuel, heating oil, aviation turbine fuel, gasoline, gasoline-alcohol blends and other motor fuels shall meet the requirements in the annual book of ASTM standards and supplements thereto. The director may promulgate rules and regulations on the labeling, standards for, and identity of motor fuels and heating oils.
2. The director may inspect gasoline, gasoline-alcohol blends or other motor fuels to insure that these fuels conform to advertised grade and octane. In no event shall the penalty for a first violation of this section exceed a written reprimand.
3. The director may waive specific requirements in this section and in regulations promulgated according to this section, or may establish temporary alternative requirements for fuels as determined to be necessary in the event of an extreme and unusual fuel supply circumstance as a result of a petroleum pipeline or petroleum refinery equipment failure, emergency, or a natural disaster as determined by the director for a specified period of time. If any action is taken by the director under this section, the director shall:
(1) Advise the U.S. Environmental Protection Agency of such action;
(2) Review the action after thirty days; and
(3) Notify industry stakeholders of such action.
4. Any waiver issued or action taken under subsection 3 of this section shall be as limited in scope and applicability as necessary, and shall apply equally and uniformly to all persons and companies in the impacted petroleum motor fuel supply and distribution system, including but not limited to petroleum producers, terminals, distributors, and retailers.
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(L. 1987 S.B. 249, A.L. 2001 S.B. 462, A.L. 2002 H.B. 1348 merged with S.B. 984 & 985, A.L. 2018 H.B. 1355 merged with H.B. 1364 merged with S.B. 627 & 925 merged with S.B. 659)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.035 - Financial responsibility for fuel tank storage and piping — exceptions — rulemaking authority.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 2006
414.035. Financial responsibility for fuel tank storage and piping — exceptions — rulemaking authority. —
1. Any person who manufacturers an aboveground or underground fuel storage tank for use in this state, or piping for such tank, or who installs or repairs such tanks or piping in this state, shall maintain evidence of financial responsibility in an amount equal to or greater than one million dollars per occurrence and two million dollars annual aggregate for the costs of corrective action directly related to releases caused by improper manufacture, installation, or repair of such tank or piping.
2. The requirement set forth in subsection 1 of this section shall not apply to the installation or repairs of fuel tanks or piping by the owner or operator of such fuel tank or piping.
3. Evidence of financial responsibility shall be presented annually to the director of the department of agriculture.
4. The department of agriculture shall promulgate rules to implement the provisions of this section.
5. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.
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(L. 2006 S.B. 1020)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.036 - Financial responsibility to be maintained, when — aboveground storage tank defined — rules.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 2016, 2 histories
414.036. Financial responsibility to be maintained, when — aboveground storage tank defined — rules. —
1. After December 31, 2010, the owner or operator of an aboveground storage tank defined in subsection 2 of this section shall maintain evidence of financial responsibility in an amount equal to or greater than one million dollars per occurrence and two million dollars annual aggregate for the costs of taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from the operation of the tank.
2. For the purposes of this section,
"aboveground storage tank"
is defined as any one or a combination of tanks, including pipes connected thereto, used to contain an accumulation of petroleum and the volume of which, including the volume of the aboveground pipes connected thereto, is ninety percent or more above the surface of the ground, which is utilized for the sale of products regulated by this chapter. The term does not include those tanks described in paragraphs (a) to (k) of subdivision (16) of section 319.100, nor does it include aboveground storage tanks at refineries, petroleum pipeline terminals, or marine terminals.
3. Owners and operators may meet the requirements of this section by participating in the petroleum storage tank insurance fund created in section 319.129 or by any other method approved by the department.
4. The department shall promulgate rules to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.
5. Except in cases of fraud or misrepresentation on the application for coverage, no owner or operator shall be denied benefits by the petroleum storage tank insurance fund or other provider of financial responsibility required by this section solely because the owner's
*
or operator's claim arises from a release of motor fuel deemed incompatible with the aboveground storage tank system.
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(L. 2008 S.B. 907, A.L. 2016 S.B. 657)
*Word "owner" appears in original rolls.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.042 - Fuels, offered for sale, testing required upon request of director — requested samples, director to inspect and test.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 01 Jan 1988, see footnote
414.042. Fuels, offered for sale, testing required upon request of director — requested samples, director to inspect and test. —
1. When offered for sale or when used in this state, kerosene, diesel fuel, heating oil, aviation turbine fuel, gasoline, gasoline-alcohol blends, and other motor fuels shall be tested and meet the requirements as provided in this chapter. Every dealer, distributor, producer or compounder of such oil or fuel shall immediately upon request make available to the director a sample of gasoline, gasoline-alcohol blends, diesel fuel, heating oil, kerosene, aviation turbine fuel, and other motor fuels at his own expense. The director shall inspect and test all requested samples for compliance with the provisions of this chapter.
2. The director shall not be required to make a complete analysis of all samples tested pursuant to subsection 1 of this section.
3. If it is demonstrated that some impurity or imperfection exists in the sampled product to render it unfit for its intended purposes, the director may reject the product for such purposes by issuing a stop-sale order.
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(L. 1987 S.B. 249)
Effective 1-01-88
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.043 - MTBE content limit for gasoline, when.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 2002
414.043. MTBE content limit for gasoline, when. —
After July 1
*
, 2005, no gasoline sold, offered for sale, or stored within this state shall contain more than one-half of one percent by volume of methyl tertiary butyl ether (MTBE).
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(L. 2002 H.B. 1348 merged with S.B. 984 & 985)
*Words "July 31" appear in original rolls of S.B. 984 & 985.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.052 - Premises utilized for sale of fuels to be safe from fire and explosion — access for inspection, search warrant — stop use order may issue, inspection — appeal of stop use order, hearing.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 1993
414.052. Premises utilized for sale of fuels to be safe from fire and explosion — access for inspection, search warrant — stop use order may issue, inspection — appeal of stop use order, hearing. —
1. All premises including bulk storage installations, terminals, dispensing or distributing facilities, equipment, appliances or devices utilized for the sale of products regulated by sections 414.012 to 414.152 shall be kept in such condition as to be safe from fire and explosion and not likely to cause injury to adjoining property or to the public.
2. The director shall have access during normal business hours to all places where motor fuels are marketed for the purposes of examination, inspection, taking of samples and investigation. If such access shall be refused by the owner or agent or other persons leasing the same, the director or his agent may obtain an administrative search warrant from a court of competent jurisdiction.
3. At least every six months, the director shall inspect and examine all premises in this state at or on which gasoline, gasoline-alcohol blends, diesel fuel, heating oil, kerosene and aviation turbine fuel is kept and sold at retail, provided that sales at such premises shall aggregate on an average two hundred gallons or more per month, except marine installations, which shall be tested and inspected at least once per year.
4. Failure by any owner or operator of any fuel storage or dispensing system used for the sale of petroleum products to remedy any deficit or condition which is or may constitute a fire or safety hazard to adjoining property or to the public may be reason for the director to issue a stop use order on that portion of the fuel storage or dispensing system which constitutes the fire or safety hazard. The order shall remain in effect until such time as the deficit or condition is corrected. An inspection shall be performed by the director or his authorized representative within one working day of notification that the deficit or condition has been corrected.
5. Any owner or operator of any fuel storage or dispensing system used for the sale of petroleum products aggrieved by a stop use order, may within seventy-two hours after issuance of such order, appeal to the director for an informal hearing to explain the facts. The hearing shall be held within two working days of the receipt of the appeal, with a determination of such findings by the director within twenty-four hours of the hearing. Any owner or operator aggrieved by a determination of the director may appeal to the circuit court of the county in which the owner or operator resides.
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(L. 1987 S.B. 249, A.L. 1993 S.B. 178)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.062 - Flammable liquids, containers, colors and markings.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 01 Jan 1988, see footnote
414.062. Flammable liquids, containers, colors and markings. —
1. Sales or purchases of gasoline or any other class I flammable liquids shall be made only in closed containers, red in color, clearly marked with the name of the product contained therein and constructed of metal or other approved material.
2. Sales or purchases of kerosene, diesel fuel, fuel oil, or any other class II combustible liquids shall be made only in containers clearly marked with the name of the product contained therein and constructed of metal or other approved material with a tight closure.
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(L. 1987 S.B. 249)
Effective 1-01-88
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.072 - Measuring devices, certain fuels, inspection, when — expiration date, effect of — correction or removal, when — public policy regarding devices.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 2011, 2 histories
414.072. Measuring devices, certain fuels, inspection, when — expiration date, effect of — correction or removal, when — public policy regarding devices. —
1. At least every six months, the director shall test and inspect the measuring devices used by any person selling an average of two hundred or more gallons of gasoline, gasoline-alcohol blends, diesel fuel, heating oil, kerosene, or aviation turbine fuel per month at either retail or wholesale in this state, except marine installations, which shall be tested and inspected at least once per year.
2. The manufacturer's expiration date on motor fuel pump nozzles, hoses, and hose breakaway equipment shall not be the sole factor in requiring the repair or replacement of such devices and equipment nor in the issuance of any fine, penalty, or punishment by the state or any political subdivision. The manufacturer's expiration date on motor fuel pump nozzles, hoses, and hose breakaway equipment shall not impose any new or additional liability on the state, political subdivisions, motor fuel retailers, wholesalers, suppliers, and distributors, and the retailers and wholesalers of such devices and equipment.
3. When the director finds that any measuring device does not correctly and accurately register and measure the monetary cost, if applicable, or the volume sold, he shall require the correction, removal, or discontinuance of the same.
4. Notwithstanding any other law or rule to the contrary, it has been and continues to be the public policy of this state to prohibit gasoline and diesel motor fuel in a retail sale transaction from being dispensed by any measuring device or equipment that is not approved by the department of agriculture or the National Type Evaluation Program (NTEP). Any automatic volumetric correction device for measuring gasoline, gasoline-alcohol blends, diesel fuel, and diesel fuel-biodiesel blends sold at retail fueling facilities is prohibited by state rule or the automatic adoption or incorporation of national standards or rules unless the device is first specifically authorized and required by state statute.
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(L. 1987 S.B. 249, A.L. 2008 S.B. 907, A.L. 2011 S.B. 135)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.073 - Tank wagons, wholesale or retail sales to be equipped with meters — inspection, when — condemned meters, how marked.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 01 Jan 1988, see footnote
414.073. Tank wagons, wholesale or retail sales to be equipped with meters — inspection, when — condemned meters, how marked. —
1. Each tank wagon used in the wholesale or retail marketing of gasoline, gasoline-alcohol blend, kerosene, heating oil, diesel fuel, and aviation turbine fuel shall be equipped with meters or other measuring devices for the measurement of the product in terms of gallons or liters and shall not be equipped with a bypass around such meters.
2. The director shall at least once each year test the measuring devices on tank wagons used in the retail or wholesale delivery of motor fuel, aviation turbine fuel, heating oil, diesel fuel, gasoline, gasoline-alcohol blend, or kerosene. When such devices are found to be inaccurate, he shall order the correction, removal or discontinuance of same.
3. Test procedures, specifications, tolerances, and technical requirements shall be governed by the National Bureau of Standards, Handbook 44, and supplements thereto.
4. The director shall condemn all meters which do not meet the requirements contained in National Bureau of Standards Handbook 44, vehicle tank meter section, or its successor publication.
5. No meter which has been condemned shall be used for commercial purposes. All condemned meters shall be conspicuously marked "inaccurate".
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(L. 1987 S.B. 249)
Effective 1-01-88
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.082 - Inspection fees, rate determined by director of revenue — petroleum inspection fund created, fees deposited, uses, investment of moneys.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 2016, 2 histories
414.082. Inspection fees, rate determined by director of revenue — petroleum inspection fund created, fees deposited, uses, investment of moneys. —
1. The fee for the inspection of gasoline, gasoline-alcohol blends, kerosene, diesel fuel, heating oil, aviation turbine fuel, and other motor fuels under this chapter shall be fixed by the director of revenue at a rate per barrel which will approximately yield revenue equal to the expenses of administering this chapter; except that, until December 31, 2016, the rate shall not exceed two and one-half cents per barrel, from January 1, 2017, through December 31, 2021, the rate shall not exceed four cents per barrel, and after January 1, 2022, the rate shall not exceed five cents per barrel.
2. Annually the director of the department of agriculture shall ascertain the total expenses for administering sections 414.012 to 414.152 during the preceding year, and shall forward a copy of such expenses to the director of revenue. The director of revenue shall fix the inspection fee for the ensuing calendar year at such rate per barrel, within the limits established by subsection 1 of this section, as will approximately yield revenue equal to the expenses of administering sections 414.012 to 414.152 during the preceding calendar year and shall collect the fees and deposit them in the state treasury to the credit of the "Petroleum Inspection Fund" which is hereby created. Beginning July 1, 1988, all expenses of administering sections 414.012 to 414.152 shall be paid from appropriations made out of the petroleum inspection fund.
3. The unexpended balance in the fund at the end of each fiscal year shall not be transferred to the general revenue fund of the state, and the provisions of section 33.080 relating to the transfer of funds to the general revenue fund of the state by the state treasurer shall not apply to this fund.
4. The state treasurer shall invest all sums in the petroleum inspection fund not needed for current operating expenses in interest-bearing banking accounts or United States government obligations in the manner provided by law. All yield, increment, gain, interest or income derived from the investment of these sums shall accrue to the benefit of, and be deposited within the state treasury to the credit of, the petroleum inspection fund.
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(L. 1987 S.B. 249, A.L. 1993 S.B. 178, A.L. 2016 S.B. 657 merged with S.B. 665)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.092 - Inspection fees — records, reports.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 01 Jan 1988, see footnote
414.092. Inspection fees — records, reports. —
The director of revenue shall keep a record of each person paying an inspection fee and the fee record shall be open to inspection by the governor, or any person for him, as well as any other interested person. The director of revenue shall make a detailed report annually to the governor of all business transacted by his office, and shall provide such report to any other interested person.
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(L. 1987 S.B. 249)
Effective 1-01-88
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.102 - Payment of fees, when — report to director of revenue, when — credit or refund, when allowed — application of motor fuel tax provisions.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 01 Jan 1999, see footnote
414.102. Payment of fees, when — report to director of revenue, when — credit or refund, when allowed — application of motor fuel tax provisions. —
1. Every person importing or removing within this state, as import and removal are defined in section 142.800, any of the petroleum products regulated by this chapter shall file with the director of revenue on forms prescribed by the director of revenue, a report listing thereon the amount of such products imported or removed by said person during the reporting period as defined in chapter 142 and attach thereto remittance in payment of inspection fees due.
2. Fees on all regulated products shall be paid on gallons imported or removed, less all exports . Notwithstanding any other provision to the contrary, the deduction in this subsection shall be the only one allowed.
3. Payment of fees and the report required by this section shall be paid and filed annually if the total fees paid during the previous year amounted to less than twenty-five dollars. The annual report and payment of fees allowed by this subsection shall be due during the month of January. If a business filing annual reports is discontinued at any time, the report and payment of fees shall be due at the time of discontinuance of business.
4. When the inspection fee has been paid on any product regulated by this chapter which is then shipped outside of this state for use, sale or distribution, credit or refund shall be allowed for the amount so paid.
5. All applicable provisions contained in chapter 142 governing administration, collection and enforcement of the state motor fuel tax shall apply to this section, including but not limited to reporting, penalties and interest.
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(L. 1987 S.B. 249, A.L. 1998 S.B. 619)
Effective 1-01-99
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.104 - Motor fuel vapor recovery fees, department of natural resource to set — preemption of local enforcement.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 2011
414.104. Motor fuel vapor recovery fees, department of natural resource to set — preemption of local enforcement. —
Notwithstanding any other law or rule to the contrary, only the department of natural resources shall set stage 1 and 2 motor fuel vapor recovery fees, including permit and construction fees, which shall be uniform across the state and which shall not be modified, expanded, or increased by political subdivisions or local enforcement agencies.
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(L. 2011 S.B. 135 § 1)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.112 - Deception of customers in sale of fuels as to nature, quality or identity, prohibited — reclaimed motor or lubricating oils — containers, how marked — interference with director, prohibited.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 01 Jan 1988, see footnote
414.112. Deception of customers in sale of fuels as to nature, quality or identity, prohibited — reclaimed motor or lubricating oils — containers, how marked — interference with director, prohibited. —
1. No person shall store, sell, expose for sale, or offer for sale, gasoline, diesel fuel, heating oil, kerosene, aviation turbine fuel, gasoline-alcohol blends or other motor fuels, so as to deceive or tend to deceive the purchaser as to the nature, quality, and identity of the product so sold or offered for sale, or under any name whatsoever except the true trade name thereof.
2. No person shall store, sell, expose for sale, or offer for sale, any reclaimed motor or lubricating oils; except that all drums, cans, or other containers, holding such reclaimed motor or lubricating oils before being offered for sale, shall have imprinted thereon, in contrasting color with the other surface of the container, in letters not less than one-half inch in height, wording specifying "reclaimed" motor or lubricating oil.
3. No person shall hinder or obstruct the director, or his delegated representative, in the reasonable performance of his duties.
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(L. 1987 S.B. 249)
Effective 1-01-88
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.122 - Common carriers of fuels, shipment records, contents.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 1993
414.122. Common carriers of fuels, shipment records, contents. —
Every person engaged in business in this state as a common carrier or marketer of fuels or petroleum products shall exhibit upon demand by the director of agriculture or the director of revenue, books, papers, and records showing any shipment in, into or out of this state of gasoline, diesel fuel, heating oil, kerosene or aviation turbine fuel and also any books, papers, and records showing the origin or destination of such shipments, including the names and addresses of the consignors and consignees of such shipments.
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(L. 1987 S.B. 249, A.L. 1993 S.B. 178)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.132 - Motor fuel inspectors, deputies, agents, employees, compensation, appointees of department — conflict of interest prohibited.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 01 Jan 1988, see footnote
414.132. Motor fuel inspectors, deputies, agents, employees, compensation, appointees of department — conflict of interest prohibited. —
1. The director shall, within the limits of appropriations, appoint and fix the compensation of a motor fuel inspector who shall make such tests and analyses of oils as may be required by the director in the administration of this chapter. The director shall, within the limits of appropriations, appoint and fix the compensation of such deputies, agents and employees as may be necessary for performance of his duties under this chapter. All such appointees shall be employees of the department and shall in all respects be subject to the laws governing such employees.
2. No such appointee shall, while in office, be interested, directly or indirectly, in the manufacture, distribution or sale of any of the products specified in this chapter nor shall he, for purpose of inspecting, testing or gauging the same, take away or appropriate for his own use, or for the use of others, any part or portion of sampled products.
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(L. 1987 S.B. 249)
Effective 1-01-88
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.142 - Rules, authority, promulgation.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 1995
414.142. Rules, authority, promulgation. —
The director of agriculture and the director of revenue may promulgate such rules as shall not be inconsistent with the provisions of this chapter and which in their judgment will best serve to carry out the purpose thereof. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1987 S.B. 249, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.152 - Violations, penalties — injunction — hearings, procedure.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 1993
414.152. Violations, penalties — injunction — hearings, procedure. —
1. Any person found in violation of any provision of sections 414.012 to 414.152 shall be deemed guilty of a class A misdemeanor. The prosecutor of each county in which a violation occurs shall be empowered to bring an action hereunder. But if a prosecutor declines to bring such action, then the attorney general may bring an action instead, and in so doing shall have all the powers and jurisdiction of such prosecutor.
2. The prosecuting attorney of any county in which a violation of any provision of this chapter occurs or the attorney general is hereby authorized to apply to any court of competent jurisdiction for, and such court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction to restrain any person from violating any provision of this chapter.
3. Any person who is found, upon investigation by the department of agriculture or by the department of revenue, to be in possible violation of any provision of this chapter shall be notified by certified mail of the facts constituting such violation, and shall be afforded an opportunity by the appropriate director to explain such facts at an informal hearing to be conducted within fourteen days of such notification. In the event that such person fails to timely respond to such notification or upon unsuccessful resolution of any issues relating to an alleged violation, such person may be summoned to a formal administrative hearing before a hearing officer conducted in conformance with chapter 536 and if found to have committed one or more violations, may be ordered to cease and desist from such violation, such order to be enforceable in circuit court, and, in addition, may be required to pay a penalty of not more than five hundred dollars per violation and five hundred dollars for each day such violation continues. Any party to such hearing aggrieved by a determination of a hearing officer may appeal to the circuit court of the county in which such party resides, or if the party is the state, in Cole County, in accordance with chapter 536.
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(L. 1987 S.B. 249, A.L. 1993 S.B. 178)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.300 - Labeling of motor fuel pumps, renewable fuels — rulemaking authority.

Title XXVI TRADE AND COMMERCE
Chapter 414
Effective - 28 Aug 2015
414.300. Labeling of motor fuel pumps, renewable fuels — rulemaking authority. —
1. No later than January 1, 2016, the department of agriculture shall propose a rule regarding renewable fuels and the labeling of motor fuel pumps.
2. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable, and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2015, shall be invalid and void.
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(L. 2015 S.B. 12)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.365 - Program established for biodiesel fuel use in MoDOT vehicles, goals, rules.

Title XXVI TRADE AND COMMERCE
Chapter 414
Effective - 28 Aug 2002
414.365. Program established for biodiesel fuel use in MoDOT vehicles, goals, rules. —
1. As used in this section, the following terms mean:
(1)
"B-20"
, a blend of twenty percent by volume biodiesel fuel and eighty percent by volume petroleum-based diesel fuel;
(2)
"Biodiesel"
, fuel as defined in ASTM standard PS121;
(3)
"Incremental cost"
, the difference in cost between blended biodiesel fuel and conventional petroleum-based diesel fuel at the time the blended biodiesel fuel is purchased.
2. On or before October 1, 2003, the Missouri department of transportation shall develop a program that provides for the opportunity to use fuel with at least the biodiesel content of B-20 in its vehicle fleet and heavy equipment that use diesel fuel. Such program shall have the following goals, provided that such program and goals do not prohibit the department from generating and selling EPAct credits pursuant to section 414.407:
(1) On or before July 1, 2004, at least fifty percent of the department's vehicle fleet and heavy equipment that use diesel fuel shall use fuel with at least the biodiesel content of B-20, if such fuel is commercially available;
(2) On or before July 1, 2005, at least seventy-five percent of the department's vehicle fleet and heavy equipment that use diesel fuel shall use fuel with at least the biodiesel content of B-20, if such fuel is commercially available.
3. The blended biodiesel fuel shall be presumed to be commercially available if the incremental cost of such fuel is not more than twenty-five cents.
4. Nothing in this section is intended to create a state requirement for biodiesel fuel use in excess of the requirements of the federal National Energy Policy Act of 1992, Pub.L. 102-486; 42 U.S.C. 13251, 13257(o).
5. To the maximum extent practicable, the department shall obtain funding for the incremental cost of the blended biodiesel fuel from the biodiesel fuel revolving fund established in section 414.407.
6. The director of the Missouri department of transportation may promulgate any rules necessary to carry out the provisions of this section. No rule or portion of a rule promulgated pursuant to this section shall take effect unless it has been promulgated pursuant to chapter 536.
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(L. 2002 S.B. 984 & 985)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.403 - Vehicle fleet energy conservation plan to be developed by each state agency, purpose of plan, content — plan to be submitted to department of natural resources, when.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 01 Jan 1999, see footnote
414.403. Vehicle fleet energy conservation plan to be developed by each state agency, purpose of plan, content — plan to be submitted to department of natural resources, when. —
1. Each state agency, with assistance from the department, shall develop and implement a vehicle fleet energy conservation plan for the purposes of reducing vehicle fuel consumption. Plans shall be submitted to the director. Such plans shall include:
(1) A timetable by which the agency shall meet minimum guidelines for efficient fleet management established pursuant to section 414.400, or by which fleet vehicles shall be replaced with vehicles which exceed the average fuel economy for their vehicle class as outlined in section 414.400;
(2) Options for the use of demonstrated innovative technologies that promote energy conservation and reduced fuel consumption;
(3) Methods that promote efficient trip planning and state vehicle use; and
(4) Promotion of car pooling and van pooling for agency employees for commuting and job-related travel.
2. The department of conservation and the department of transportation may develop their own vehicle fleet energy conservation plan. Such agencies shall meet the objectives of sections 414.400 to 414.417 and shall comply with the reporting requirements of sections 414.400 to 414.417.
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(L. 1991 H.B. 45 § 2, A.L. 1998 S.B. 619)
Effective 1-01-99
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.406 - Vehicle fleet plan reviewed — office of administration to purchase only vehicles conforming to plan — annual report, content.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 2018, 2 histories
414.406. Vehicle fleet plan reviewed — office of administration to purchase only vehicles conforming to plan — annual report, content. —
1. The director of the department of economic development shall review each agency's vehicle fleet plan and the vehicular demands of the agency by vehicle class. The office of administration shall only purchase for an agency those vehicles which conform to the agency's plan as outlined in sections 414.400 and 414.403.
2. Each state agency shall annually file a report with the director of the department of economic development on forms provided by the department showing its progress in achieving the requirements and goals of sections 414.400 to 414.417. The director of the department of economic development shall compile such information into an annual report and submit such report to the commissioner of administration, the secretary of the senate, the clerk of the house of representatives and the chairman of each committee of jurisdiction of the general assembly.
3. The director's report shall document progress in achieving the requirements and goals of sections 414.400 to 414.417 and shall include, but not be limited to, annual fuel consumption, number of vehicles, vehicle miles traveled, average fleet fuel economy, estimated cost savings and state use of alternative fuels.
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(L. 1991 H.B. 45 § 3, A.L. 2018 S.B. 975 & 1024 Revision)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.410 - Motor vehicle alternative fuel use plan to be developed by department of natural resources — powers and duties — state agency fleets of fifteen or more vehicles, time table for using alternative fuels.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 01 Jan 1999, see footnote
414.410. Motor vehicle alternative fuel use plan to be developed by department of natural resources — powers and duties — state agency fleets of fifteen or more vehicles, time table for using alternative fuels. —
1. The director shall develop a motor vehicle alternative fuel use plan. The director shall cooperate with state agency fleet operators, vehicle manufacturers and converters, fuel distributors and others to identify the types of vehicles which could be converted to alternative fuels. The director shall consider range, specialty uses, fuel availability, vehicle cost, vehicle manufacturing and conversion capability, safety, resale values, and other relevant factors.
2. The department shall recommend alternative fuels which state agencies and state universities may consider when purchasing vehicles. The department shall consider the content of vehicle exhaust emissions, the relative efficiency of the fuel, the relative efficiency of the processes required to produce the fuel and the characteristics of air emissions associated with the production of that fuel. It shall recommend for state use those alternative fuels which best satisfy the goals of energy conservation and emissions reduction.
3. Any state agency which operates a fleet of more than fifteen motor vehicles shall acquire vehicles capable of using alternative fuels as follows:
(1) At least ten percent of the agency's fleet vehicles acquired between July 1, 1994, and July 1, 1996;
(2) At least thirty percent of the agency's fleet vehicles acquired between July 1, 1996, and July 1, 1998; and
(3) At least fifty percent of the agency's fleet vehicles acquired between July 1, 1998, and July 1, 2000, and each biennial period thereafter.
­­If a state agency exceeds any such biennial acquisition goal, or has purchased vehicles capable of using alternative fuels before July l, 1994, such purchases may be credited to any future biennial acquisition goal. If a state agency has purchased vehicles capable of using alternative fuels but not included in their vehicle fleet as defined in subsection 1 of section 414.400, such purchases may be credited toward any biennial acquisition goal. If a state agency fails to meet a biennial acquisition goal, the commissioner of administration shall not authorize for such agency the purchase of any vehicle not capable of using alternative fuels until such acquisition goal is met, unless the director has reduced or waived the acquisition goal pursuant to subsection 1 of section 414.412.
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(L. 1991 H.B. 45 § 4 subsecs. 1, 2, 3, A.L. 1998 S.B. 619)
Effective 1-01-99
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.412 - Alternative use of fuel, waived or percentage reduced by director, certified evidence required — other vehicles, ethanol use required, exceptions.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 2018, 2 histories
414.412. Alternative use of fuel, waived or percentage reduced by director, certified evidence required — other vehicles, ethanol use required, exceptions. —
1. The director may reduce any percentage specified or waive the requirement of subsection 3 of section 414.410 for any state agency upon receipt of certification supported by evidence acceptable to the director that:
(1) The agency's vehicles will be operating primarily in an area in which neither the agency nor a supplier has or can reasonably be expected to have a central refueling station for alternative fuels; or
(2) The agency is unable to acquire or operate vehicles within the cost limitations of section 414.400 or section 414.415; or
(3) The use of alternative fuels would not meet the energy conservation and exhaust emissions reduction criteria of subsection 2 of section 414.410.
2. State agencies shall submit information describing the acquisition and use of vehicles capable of using alternative fuels to the department in a format prescribed by the department. The report shall include for each vehicle model capable of using alternative fuel:
(1) The types of alternative fuels used;
(2) The number of miles traveled using alternative fuels and the ratios to the total numbers of miles traveled;
(3) The number of vehicles owned which are capable of using alternative fuels;
(4) Maintenance costs.
3. Each state-owned vehicle equipped to operate on gasoline, other than vehicles using alternative fuel, shall use a fuel ethanol blend as defined in section 142.028, when available at a competitive price, as its motor fuel, unless the United States Environmental Protection Agency, or the governor by executive order, promulgates rules which prohibit, limit or otherwise regulate the use of ethanol-blended fuels in ozone nonattainment areas, as defined by Section 107 of the federal Clean Air Act, as amended, or in an area designated as a maintenance area for ozone under Section 175A of the federal Clean Air Act, as amended, state-owned vehicles shall not be required to use a fuel ethanol blend.
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(L. 1991 H.B. 45 § 4 subsecs. 4, 5, 6, A.L. 1993 H.B. 611, A.L. 1998 S.B. 619, A.L. 2018 S.B. 975 & 1024 Revision)