Alabama Administrative Code Chapter 80-1-16 — Standards for Gasoline and Gasohol

80 Alabama Department of Agriculture and Industries

Ala. Admin. Code r. 80-1-16-.01 Purpose

The purpose of this Chapter is to provide standards and minimum specifications for gasoline and gasohol so that their sale, storage or use in Alabama is satisfactory and efficient for the purpose under which the products are sold.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §8-17-81.
• Filed April 19, 1982. Reformattted: Filed June 19, 1986.

Ala. Admin. Code r. 80-1-16-.02 Standards Applicable For All Gasoline And Gasohol

The standards set forth in this Chapter shall be applicable to all gasoline and gasohol sold or offered for sale in Alabama after the effective date of this Chapter.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §8-17-81.
• Filed April 19, 1982. Reformatted: Filed June 19, 1986.

Ala. Admin. Code r. 80-1-16-.03 Minimum Standards For Gasoline

Specifications for gasoline, unless noted, shall be determined in accordance with the test methods presented in the latest edition of The American Society For Testing and Materials Standards, hereinafter designated as ASTM, and those specifications that are published by the United States Department of Commerce as required by Code of Ala. 1975, §8-17-81. Gasoline which is sold or used in Alabama must meet the following minimum standards: (See Exhibit for Rule 80-1-16-.03 at end of Chapter.)

(a) Sulfur - ASTM Method D-1266, D-3120 and D-2622. The sulfur content shall not exceed .10% by weight for unleaded gasoline and .15% for leaded gasoline.

(b) Corrosion - ASTM Method D-130, Copper strip corrosion shall not exceed No. 1 on the ASTM test scale after three hours at 122° F.

(c) Existent Gum - ASTM Method D-381. The existent gum shall not exceed 5 milligrams per 100 milliliters.

(d) Lead - ASTM Method D-2599, D-3229, D-3237. The existence of lead shall not exceed 4.2 grams per gallon for leaded and .05 grams per gallon for unleaded.

(e) Phosphorous - ASTM Method D-3231. The existence of phosphorous in unleaded gasoline shall not exceed .005 grams per gallon.

(f) Volatility - ASTM Method D-86, D-323, D-2533 and D-4953. The volatility requirements for distillation, Reid Vapor Pressure and Vapor Liquid Ratio shall be as listed in Table 1 and Table 2, attached as exhibits to this rule, in accordance with the schedule for Alabama Volatility Requirements as follows:

(g) The octane rating (Antiknock Index) shall equal that specified in the product registration and that posted in accordance with FTC Octane Posting and Certification rule. The minimum (R+M/2) Octane rating of premium grades shall be 90 for unleaded gasoline and shall be 93 for leaded gasoline. The minimum (R+M/2) Octane rating of regular grades shall be 87 for unleaded gasoline and shall be 89 for leaded gasoline. In addition, the motor octane number must not be less than 82.0 for unleaded gasolines with a minimum R+M/2 Octane rating of 87. The above octane requirements will not be applicable to intermediate grades when such product has a brand name or numerical designation that meets minimum Antiknock Index of regular grades and does not imply a higher Antiknock Index than it actually has and is not misleading to the consumer as to its quality.

(h) The sale of any gasoline under any trade name which shall indicate to the purchaser that it is of a certain grade is prohibited unless the Antiknock Index therein is at least equal to that required above for that certain grade.

(i) Water and sediment. The finished gasoline shall be visually free of undissolved water, sediment, and suspended matter and shall be clear and bright at the ambient temperature or 70°F (21°C), whichever is higher.

History

• Author: Charles H. Barnes, Robert J. Russell
• Authority: Code of Ala. 1975, §8-17-81.
• Filed April 19, 1982. Amended: Filed December 1, 1989. Reformatted: Filed June 19, 1986. Amended: Filed August 16, 1992. Amended: Filed February 20, 2008; effective March 26, 2008.

Ala. Admin. Code r. 80-1-16-.04 Gasohol Requirements

Gasohol as defined by Code of Ala. 1975, §40-17-130, shall meet all of the specifications, where applicable, for gasoline set out in Rule 80-1-16-.03 above.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §8-17-81.
• Filed April 19, 1982. Amended: February 9, 1988.

Ala. Admin. Code r. 80-1-16-.05 Invoices To Reflect Alcohol Content

(1) Any manufacturer, hauler, blender, agent, jobber, consignment agent, or distributor who distributes motor vehicle fuel products which contain at least one percent alcohol must state on any invoice, bill of lading, shipping paper, or other documentation used in normal customary business practices, or as required by federal law, the percentage of alcohol and cosolvent, the type of alcohol, and the antiknock index number of the products distributed.

(2) The above required documentation shall be available for inspection and copying by the Commissioner of Agriculture and Industries or his agents during normal business hours.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §8-17-81.
• Filed February 25, 1988.

Ala. Admin. Code r. 80-1-16-.06 Position Requirements For Gasoline Labeling

The required labeling for gasoline under Chapter 80-1-16, Ala. Admin. Code, shall be conspicuously displayed on both sides of the dispensing device which faces the vehicle, in conformity with Rule 80-13-1-.05, Ala. Admin. Code.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §8-17-81.
• Filed February 25, 1988.

Ala. Admin. Code r. 80-1-16-.07 Labeling Requirements For Gasoline

(1) All dispensing devices which dispense gasoline, as defined in Code of Ala. 1975, §8-17-80(a)(1), in addition to any other labeling as required by law or regulation, shall be labeled with the brand name of the product, as registered with the Department of Agriculture and Industries under Code of Ala. 1975, §8-17-85.

(2) This label shall also include the product grade, such as regular leaded, regular unleaded and premium unleaded. The words lead free may be substituted for the word unleaded. The above required lettering appearing on the dispensing device shall be a minimum of one-half inch in height.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §8-17-81.
• Filed February 25, 1988.

Ala. Admin. Code r. 80-1-16-.08 Labeling Requirements For Octane Rating

All dispensing devices which dispense gasoline, gasohol or any motor fuel defined as gasoline under Code of Ala. 1975, §8-17-80(a)(1), shall have posted on said dispensing device an octane rating or number. This octane rating or number required to be posted shall comply with the Federal Trade Commission Posting and Certification rule for octane ratings as appearing in 16 C.F.R. 306. Said number shall appear on both sides of the dispensing device which faces the vehicle.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §8-17-81.
• Filed February 25, 1988.

Ala. Admin. Code r. 80-1-16-.09 Labeling Requirements For Motor Fuels Containing Alcohol

(1) Any dispensing device which is used to dispense gasoline as defined in Code of Ala. 1975, §8-17-80(a)(1), which contains more than one percent, by volume, of any ethanol or methanol shall also be labeled on both sides of the dispensing device, which face the vehicle, as follows: Contains Ethanol, or Contains Methanol and Cosolvent.

(2) The labeling requirement set out in paragraph (1) above shall be composed of black letters with a distinctly contrasting background. The letters appearing on the label shallbe a minimum of one-half inch in height with a minimum one-sixteenth stroke.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §8-17-81.
• Filed February 25, 1988.

Ala. Admin. Code r. 80-1-16-.10 Registration Requirements For Gasoline

In addition to the requirements for registration of petroleum products set out in Code of Ala. 1975, §8-17-8, all gasoline must also be registered as follows:

(a) All gasoline containing more than one percent ethanol or methanol and so labeled in accordance with Chapter 80-1-16, Ala. Admin. Code, requires a separate product registration from a product under the same brand name that does not contain ethanol or methanol.

EXAMPLE: The XYZ company sells two products--XYZ premium unleaded and XYZ premium unleaded--contains ethanol.

This example would require two registrations and the words contains ethanol must also be included in that product identity for registration purposes.

(b) All gasoline registrations must also include the octane rating for said product.

(c)1. The name or brand of the gasoline required to be registered and permitted under Code of Ala. 1975, §8-17-85(b)(1) above must not be so similar to a gasoline already permitted that the public could be confused or mistaken in purchasing said product.

2. The Commissioner, in his discretion, may refuse to permit any name or brand of gasoline where a similar name or brand has already been permitted.

3. The failure of a name or brand of gasoline to be permitted for two consecutive years will, for the purposes of this rule, be considered an abandonment of said name or brand.

4. The provisions of this subrule (c) shall not be applicable for any brand or name of gasoline permitted prior to its adoption. Nor shall this subrule (c) be applicable if in conflict with any state or federal laws or rules governing the registration of trade marks or brands. It is the responsibility of the registrant to demonstrate said conflict.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §8-17-81.
• Filed February 25, 1988. Amended: Filed May 19, 1989.

Ala. Admin. Code r. 80-1-16-.11 Gasoline Label Requirements For Cans Or Other Containers

All gasoline sold, offered for sale, or delivered at retail in barrels, casts, cans, or other containers shall be labeled in accordance with the provisions of Chapter 80-1-16, Ala. Admin. Code. This requirement shall not apply to containers supplied by the purchaser and dispensed into said container from a correctly labeled dispensing device.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §8-17-81.
• Filed February 25, 1988.

Ala. Admin. Code r. 80-1-16-.12 False Or Misleading Labeling Prohibited

Gasoline as defined in Code of Ala. 1975, §8-17-80(a)(1), shall be deemed misbranded and falling below standards if the dispensing device, or can, or other container required to be labeled bears any statement, design, or device that is false or misleading in any manner. Products violating this rule shall be subject to suspension from sale under the provisions of Code of Ala. 1975, §8-17-88.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §8-17-81.
• Filed February 25, 1988.