Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter III - Inspection Procedures › Section ATCP 94.300 - Labeling of dispensers and containers

Current through June 24, 2024
(1) DISPENSING
				  EQUIPMENT.
(a)
General.
All
				  devices dispensing liquid fuel products at motor fuel dispensing facilities,
				  garages, or other places where liquid fuel products are sold or offered for
				  sale shall be marked with a conspicuous label visible on both faces of the
				  dispensing device accurately indicating the actual automotive fuel rating of
				  the fuel product. No label may be placed so that the text is sideways or upside
				  down.
Note:
A single label may be used to refer to
					 multiple grades of fuel, provided all of the requirements of this section are
					 met.
(b)
Oxygenated
				  gasoline dispensing device labels.
1. A device that dispenses a gasoline-ethanol
				  fuel blend of more than one percent by volume of ethanol shall be labeled with
				  the maximum percent by volume of ethanol at all times the product is offered
				  for retail sale.
2. A device that
				  dispenses a reformulated gasoline, as defined in s.
				  285.37 (1),
				  Stats., that contains an oxygenate other than ethanol shall be labeled with the
				  identity of the oxygenate at all times the product is offered for retail sale.
				  If the gasoline contains multiple oxygenates, the label shall identify the
				  predominant oxygenate based upon percent by volume.
Note:
Reformulated gasoline is defined in
					 section 285.37 (1) of
					 the Statutes, as gasoline formulated to reduce emissions of volatile organic
					 compounds and toxic air pollutants as provided in
					 42 USC 7545
					 (k) (1) to (3). The addition of an oxygenate
					 to a fuel alone does not create a reformulated gasoline, other criteria
					 specified in the law must also be met.
3. The label shall be placed on the face of
				  the dispenser next to the name and grade of the product being dispensed. No
				  label may be placed so that the text is sideways or upside down.
4. The label shall be contrasting in color to
				  the dispenser, and shall include lettering that complies with any applicable
				  requirements in ch. 168, Stats.
Note:
Section
					 168.11 (1) (b)
					 1 of the Statutes reads as follows: "A device
					 that dispenses a gasoline-ethanol fuel blend for sale at retail shall be marked
					 or labeled with the percentage of ethanol at all times when the product is
					 offered for sale."
5. The
				  label shall identify the oxygenate as either "Ethanol", "Methyl Tertiary Butyl
				  Ether (MTBE)", "Ethyl Tertiary Butyl Ether (ETBE)", "Tertiary Amyl Methyl Ether
				  (TAME)", "Tertiary Butyl Alcohol (TBA)", or as an other oxygenate name approved
				  by the department.
6. A label shall
				  be conspicuous and legible to a customer when viewed from the driver's seat of
				  a motor vehicle that is located within 6 feet of the dispensing
				  device.
7. The label shall be
				  capable of withstanding extremes of weather conditions for at least one year
				  and shall be resistant to gasoline, oil, grease, solvents, detergents, and
				  water. When damaged so that they are not legible, labels shall be
				  replaced.
9.
a. Labeling. Any retailer or wholesaler who
				  sells, dispenses, or offers for sale or dispensing E15 shall comply with
				  labeling requirements in 40
				  CFR 1090.1510.
b. Placement. The label shall be placed on
				  the upper two-thirds of each fuel dispenser where the consumer will see the
				  label when selecting a fuel to purchase. For dispensers with one nozzle, the
				  label shall be placed above the button or other control used for selecting E15,
				  or in any other manner which clearly indicates which control is used to select
				  E15. For dispensers with multiple nozzles, the label shall be placed in the
				  location that is most likely to be seen by the consumer at the time of
				  selection of E15.
10. A
				  dispensing device which has existed since before February 1, 2009, and which
				  does not use a separate fueling nozzle and hose for dispensing ethanol-blended
				  motor fuels of more than 15 percent ethanol by volume shall bear a label
				  clearly warning any purchaser that the first gallon may have more than 15
				  percent ethanol by volume. This label shall be adjacent to the ethanol label
				  that is required in par. (b), and shall comply with the requirements in par.
				  (b) 3., 4., 6., and 7.
11. A
				  dispensing device at a retail station may be used to dispense through the same
				  fueling nozzle and hose gasoline-ethanol fuel blends containing greater than 10
				  percent and not more than 15 percent ethanol by volume, gasoline containing no
				  ethanol, and gasoline-ethanol fuel blends containing not more than 10 percent
				  ethanol by volume if either of the following applies:
a. A label satisfying the requirements under
				  s. 168.11 (1) (b)
				  3, Stats., is prominently affixed to the
				  dispensing device stating "Passenger Vehicles Only. Use in Other Vehicles,
				  Engines and Equipment May Violate Federal Law."; the retail station provides a
				  device having at least one fueling nozzle and hose that dispenses only
				  gasoline-ethanol fuel blends containing no more than ten percent ethanol by
				  volume; and the retail station displays signs informing customers of the
				  availability and location of the device required under this subd. 11.
				  a.
b. A label satisfying the
				  requirements under s.
				  168.11 (1) (b)
				  3, Stats., is prominently affixed to the
				  dispensing device that states that a minimum purchase of 4 gallons is required.
Note:
Under chapter
					 ATCP 93, fuel dispensers that are
					 installed after February 1, 2009, must use a separate fueling nozzle and hose
					 for dispensing any ethanol-blended motor fuels of more than 10 percent ethanol
					 by volume, such as E-85, E-30, E-20, and E-15.