South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 10 - PETROLEUM PRODUCTS › Section 5-440 - Registering of Gasoline

Current through Register Vol. 48, No. 6, June 28, 2024
1. All gasoline sold, offered or exposed for sale or distribution in South Carolina must be registered by each identifying brand name on registration blanks furnished by the South Carolina Department of Agriculture.
2. Any visual publicity or news media which implies a gasoline meets the minimum qualities and octane rating of either "regular" or "premium" gasoline shall be considered as false advertising if the product so advertised is not registered as "regular" or "premium" gasoline or under test is not found to meet the requirements for "regular" or "premium" gasolines and is prohibited. (Attention is called to Section 39-1-20, Code of Laws 1976, which prohibits the making of intentional untrue statements in advertising on signs, etc., punishable as a misdemeanor.)
All manufacturers, jobbers, wholesalers, retailers and others who distribute gasoline at retail level and desire to designate the various grades or brands by numbers shall not display or use any number for the grade or grades or brand name other than the registered octane count for such grade or grades or brand name, except where a legible statement is affixed to all pumps dispensing such grade or grades indicating that such number or numbers do not represent octane numbers.
Such statement shall be readable at a reasonable distance from the dispensing pump or pumps and shall be affixed to the dispensing pump at a place thereon clearly visible to the occupant or driver of the vehicle buying the petroleum product. The statement indicating that such number or numbers do not represent or correspond to octane numbers shall be in letters no smaller than 3/4 inches in size and shall be in a color that is in clear contrast with the background. For the purpose of complying with this regulation, a decal in size of not less than 6"'' × 7"'' affixed to the dispensing pump or pumps shall be deemed a sufficient compliance.
This same requirement shall apply to any form of advertising such as billboards, posters, banners, and newspaper advertisements, which advertisement shall include a statement that the numbers used do not indicate or represent the actual octane. (The effective date of this regulation shall be July 10, 1964.)
3. All manufacturers, jobbers and wholesalers registering gasoline for sale in South Carolina may register their own guarantee for the standards of each gasoline registered. Regular or premium gasolines, as the case may be, shall meet the required minimum and maximum standards as set forth in specifications promulgated by the American Society for Testing and Materials unless other standards are promulgated by the Commissioner of Agriculture in accordance with Section 39-41-80, provided however, nothing contained herein shall prevent the registration of a gasoline with an Octane Index below 87, except that such gasoline, when so registered, may not be offered, exposed or sold as a regular gasoline.
4. All refiners, manufacturers, producers, and all others that are registered to distribute gasoline in South Carolina shall and are hereby required to give, furnish and present to all jobbers, wholesalers, retailers, and others that either purchase, obtain, or acquire gasoline directly from such refiners, manufacturers, producers, and others that are registered to distribute gasoline in this State, a delivery invoice which shall and is hereby required to contain and include the name of the gasoline which is delivered and its registered Octane Index.
5. All jobbers, wholesalers and others who distribute gasoline to retail distributors shall and are hereby required to give, furnish and present to the retailer of gasoline, upon delivery of gasoline to such retailer, a delivery invoice in duplicate which shall and is hereby required to contain and include the identifying brand name of the gasoline and its registered Octane Index. The retailer is hereby required to retain one of the copies of the delivery invoice which is furnished him in duplicate for a period of not less than 30 days and a copy of the invoice shall be available for inspection and disposition by the Department of Agriculture and/or its agents, servants and employees.
6. Failure to maintain the required bill of lading for the required 30 day period shall result in a fine of not less than $75 dollars for the first offense and not less than $150 for the second offense. All third and subsequent offenses shall be punishable by a fine of not more than $500 per violation. Fines may be avoided if bill of lading is produced within 72 hours after citation for failure to maintain the bill of lading on premises.