Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXV - Agro-Consumer Services › Chapter 3 - Petroleum Products › Subchapter A - Standards › Section XXXV-321 - Classification and Method of Sale of Petroleum Products

Current through Register Vol. 50, No. 6, June 20, 2024
A. When gasoline, gasoline-oxygenate blends,
				  reformulated gasoline, M85 and M100 fuel methanol, ethanol flex fuels,
				  biodiesel, biomass-based diesel, biomassbased diesel blend, diesel fuel,
				  kerosene, aviation gasoline, aviation turbine fuels, or fuel oils are sold, an
				  invoice, bill of lading, shipping paper, or other documentation must accompany
				  each delivery other than a retail sale. This documentation must identify the
				  quantity, the name of the product, the particular grade of the product, the
				  applicable automotive fuel rating, oxygenate type and content (if applicable),
				  the name and address of the seller and buyer, and the date and time of the
				  sale. This documentation must be retained at the retail establishment for a
				  period not less than one year. The sale of any product under any grade name
				  that indicates to the purchaser that it is of a certain automotive fuel rating
				  shall not be permitted unless the automotive fuel rating or ASTM grade
				  indicated in the grade name is consistent with the value and meets the
				  requirements of
				  16 CFR
				  306.5 and
				  306.6 for transfers
				  to anyone who is not a consumer,
				  16 CFR
				  306.12 for automotive fuel sold to consumers,
				  and this Subchapter.
B. All retail
				  dispensing devices must identify conspicuously the type of product, the
				  particular grade of the product, and the applicable automotive fuel rating. The
				  device shall automatically show on its face the initial zero condition and the
				  quantity delivered (up to the nominal capacity). However, the first 0.03 L (or
				  0.009 gal.) of a delivery and its associated total sales price need not be
				  indicated. In the event of a power loss, the information needed to complete any
				  transaction in progress at the time of the power loss (such as the quantity and
				  unit price, or sales price) shall be determinable for at least 15 minutes at
				  the dispenser or at the console if the console is accessible to the customer.
				  The device memory shall retain information on the quantity of fuel dispensed
				  and the sales price totals during power loss. The primary indicating elements,
				  and primary recording elements if the device is equipped to record, shall be
				  readily returnable to a definite zero indication. However, a key-lock operated
				  or other self-operated device may be equipped with cumulative indicating or
				  recording elements, provided that it is also equipped with a zero-return
				  indicating element. It shall not be possible to return primary indicating
				  elements or primary recording elements beyond the correct zero
				  position.
C. A computing or
				  money-operated device shall be able to display on each face the unit price at
				  which the device is set to compute or to dispense. Whenever a grade, brand,
				  blend, or mixture is offered for sale from a device at more than one unit
				  price, then all of the unit prices at which that product is offered for sale
				  shall be displayed or shall be capable of being displayed on the dispenser
				  using controls available to the customer prior to the delivery of the product.
				  It is not necessary that all of the unit prices for all grades, brands, blends,
				  or mixtures be simultaneously displayed prior to the delivery of the product.
				  This Subsection shall not apply to fleet sales, other contract sales, or truck
				  refueling sales (e.g., sales from dispensers used to refuel trucks).
D. A device shall be able to display
				  conspicuously on each side the identity of the product being dispensed. A
				  device designed to dispense more than one grade, brand, blend, or mixture of
				  product also shall be able to display on each side the identity of the grade,
				  brand, blend, or mixture being dispensed.
E. A computing device shall compute the total
				  sales price at any single-purchase unit price (i.e., excluding fleet sales,
				  other price contract sales, and truck stop dispensers used only to refuel
				  trucks) for which the product being measured is offered for sale at any
				  delivery possible within either the measurement range of the device or the
				  range of the computing elements, whichever is less. The analog sales price
				  indicated for any delivered quantity shall not differ from a mathematically
				  computed price (quantity x unit price = total sales price) by an amount greater
				  than the value in Paragraph E.1. The values of the graduated intervals
				  representing money values on a computing type device shall be no greater than
				  those in Paragraph E.1. Money-Value Divisions and Maximum Allowable Variations
				  for Money-Value Computations on Mechanical Analog Computers. A computing type
				  device with digital indications shall comply with the requirements of Paragraph
				  E.1and the total price computation shall be based on quantities not exceeding
				  0.05 L for devices indicating in metric units and 0.01 gal. intervals for
				  devices indicating in inch-pound units. If a system is equipped with auxiliary
				  indications, all indicated money value divisions of the auxiliary element shall
				  be identical with those of the primary element.
1. Money-Value Divisions and Maximum
				  Allowable Variations for Money-Value Computations on Mechanical Analog
				  Computers
Unit Price
Money Value
Division
Maximum
Allowable Variation
From
To and including
Design
Test
Field
Test
0
$0.25/liter or
$1.00/gallon
$0.01
+- $0.01
+- $0.01
$0.25/liter or
$1.00/gallon
$0.75/liter or
$3.00/gallon
$0.01 or 0.02
+- $0.01
+- $0.02
$0.75/liter or
$3.00/gallon
$ 2.50/liter or
$10.00/gallon
$0.01 or 0.02
+- $0.01
+- $0.02
$0.75/liter or
$3.00/gallon
$ 2.50/liter or
$10.00/gallon
$0.05
+- $0.02 1/2
+- $0.05