Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXV - Agro-Consumer Services › Chapter 3 - Petroleum Products › Subchapter A - Standards › Section XXXV-347 - Nonconforming Product

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the
				  analysis of a sample of a petroleum product performed in conformity with the
				  provisions of this Subchapter discloses that the product from which the sample
				  was taken does not conform to the specifications fixed by this Subchapter, it
				  is the duty of the commissioner to immediately serve notice on the
				  manufacturer, distributor or seller that the product must not be sold in the
				  state. If the petroleum product is in the process of transportation and has not
				  yet been delivered to the consignee or retailer, the commissioner or his
				  designee may immediately notify the consignor of the result of the test and
				  instruct said consignor to withdraw the product from sale in this state.
				  Failure on the part of the consignor to obey these orders shall constitute a
				  violation of this Subchapter.
B. If
				  the petroleum product is not in the process of transportation, but is exposed
				  or offered for sale or distribution, the commissioner or his designee may, by
				  written order, stop the sale or distribution of this product. The retailer or
				  distributor upon whom a stop-sale order is served is prohibited from exposing
				  for sale, selling, or distributing this product until formally released by
				  order of the commissioner. The stop-sale order given by the commissioner must
				  apply only to that product and may not be extended to cover other petroleum
				  products sold or distributed by a retail dealer or distributor which are found
				  to conform to specifications fixed under the provisions of this
				  Subchapter.
C. When the
				  commissioner or his designee issues a written order to stop the offering for
				  sale, sale, or distribution of a particular product which is maintained at a
				  terminal or bulk plant facility, the terminal or bulk storage plant shall
				  immediately notify all customers that received those product(s) and make any
				  arrangements necessary to replace or adjust to specifications those product(s).
				  The terminal or bulk storage plant shall also immediately notify the
				  commissioner of those customers, their business locations, and the quantity of
				  product delivered to each location.
D. Once a stop sale order has been issued on
				  a product, whether on the rack, in transport, or in retail, the disposition of
				  the nonconforming product shall be communicated to the commissioner on a form
				  provided by the department. The responsible party and driver shall both sign
				  the form. For purposes of this Subsection, the responsible party shall be the
				  distributor if the condemned product is on the rack or in transport and shall
				  be the station owner or his designee if the condemned product is in retail. The
				  responsible party will contact the department inspector to retrieve the signed
				  form during normal business hours. A release from a stop-sale order will be
				  issued only after the commissioner or his designee has agreed upon final
				  disposition of the product. Confirmation of disposition of products shall be
				  made available in writing to the commissioner. Specific variations or
				  exemptions may be made for fuels used for blending purposes or designed for
				  special equipment or services and for which it can be demonstrated that the
				  distribution will be restricted to those uses.
E. The following methods are approved for
				  non-conforming products:
1. the nonconforming
				  product may be returned to the refinery for re-refining;
2. the nonconforming product may be disposed
				  of by environmentally acceptable means; or
3. the nonconforming product may be blended
				  out to remove the contaminating substances in an effort to make the product
				  conform to specification. The blended product shall not be offered for sale
				  again until tested and approved by the department.