Section 5J-21.003 - Registration and Identification(1) Every retail gasoline dispenser shall have the octane rating of the gasoline being sold therefrom conspicuously and firmly posted in a manner conforming with 16 CFR Part 306.12 (1-1-2023 Edition), which is hereby incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Publishing Office, 732 N. Capitol Street N.W., Washington, D.C. 20401, at CFR-2023-title16-vol1-sec306-12.pdf (govinfo.gov), or at http://www.flrules.org/Gateway/reference.asp?No=Ref-16898.(2) Every retail gasoline dispenser shall have the grade designation of the gasoline being sold therefrom conspicuously and firmly attached thereto. The octane rating of gasoline sold using the following grade designations must meet the minimum octane rating indicated: Grade Designation | Minimum Octane Rating |
Premium, Super, Supreme, High Test | 91 |
Midgrade, Plus | 89 |
Regular, Unleaded | 87 |
(3) All racing gasoline or gasoline designed for special use that is kept, offered, or exposed for sale, or sold at retail that does not meet standards established in subsection 5J-21.001(1), F.A.C.:(a) May not be advertised or represented, in writing or orally, to be suitable for use in ordinary motor vehicles or boat motors,(b) Shall be accompanied by a conspicuous sign on the dispenser stating that the product does not meet gasoline specifications.(4) Every retail kerosene dispenser or container-package of kerosene offered for sale at retail shall be conspicuously labeled "kerosene" immediately followed by the designation: 1-K or 2-K, whichever is applicable.(5) Every retail diesel fuel dispenser shall be conspicuously labeled "diesel." The label shall be placed on the vertical surface of each dispenser housing on each side that has measure and price meters. The label shall be on the upper two-thirds of the dispenser and clearly visible to anyone dispensing fuel from the dispenser.(6)(a) All gasoline kept, offered, or exposed for sale, or sold, at retail, containing at least one percent but no more than 10% by volume of ethanol shall be identified as "contains 10% or less ethanol" or "contains 1-10% ethanol," or other definitive equivalent statement declaring the presence of ethanol on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver's position, in a type at least 1/2 inch in height and 1/16 inch stroke (width of type). Gasoline kept, offered, or exposed for sale, or sold, at retail, containing specifically ten percent by volume of ethanol may be identified as "E10" and "contains ethanol" or other definitive equivalent statement declaring the presence of ethanol on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver's position, in a type at least 1/2 inch in height and 1/16 inch stroke (width of type).(b) All gasoline kept, offered, or exposed for sale, or sold, at retail, containing at least one percent but no more than 5% by volume of methanol shall be identified as "contains 5% or less methanol" or "contains 1-5% methanol", or other definitive equivalent statement declaring the presence of methanol on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver's position, in a type at least 1/2 inch in height and 1/16 inch stroke (width of type).(c) All gasoline kept, offered, or exposed for sale, or sold, at retail, containing less than 1% ethanol by volume must be dispensed in a manner such that it is not exposed to or blended with any gasoline containing more than 1% ethanol by volume.(d) Labels placed on any multi-product dispensers must be placed in a position and contain wording so as to clearly and conspicuously identify the presence of ethanol in all such products that contain ethanol. Such labels and placement must not be in such a manner that may suggest products not blended with ethanol contain ethanol. This may be accomplished by use of the words "all gasoline" on the label; specifically identify each product that contains ethanol through language or by arrangement of labels on the dispenser; or through other such clear and conspicuous means.(7) All alternative fuel kept, offered, or exposed for sale, or sold, at retail that contains more than 15% ethanol or 5% methanol shall be identified by a name indicating the amount of ethanol, or methanol in the fuel and shall be labeled as such on the vertical surface of each dispenser housing on the upper fifty percent of the dispenser front panel in a manner conforming with the layout, type size and setting, color, and label protection requirements of 16 CFR Part 306.12 (1-1-2023 Edition), as incorporated by reference in subsection (1) above.(a) Ethanol mixed with gasoline and containing an ethanol content of 51%-83%, by volume, shall be identified as "51%-83% Ethanol" and "Use Only in Flex-Fuel Vehicles, May Harm Other Engines."(b) Methanol mixed with gasoline and containing a methanol content of nominally 51%-85%, by volume, shall be identified as "Methanol Flex Fuel, 51%-85%" and "Use Only in Flex-Fuel Vehicles." Such fuels shall also contain a label on the vertical surface of each dispenser housing on each side that has measure and price meters and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type) that reads as follows: This product contains methanol and may not be suitable for use in all flex-fuel vehicles. Consult with your engine manufacturer or owner's manual before use.
(c) Ethanol mixed with gasoline and containing an ethanol content greater than that which is permitted in subsection 5J-21.001(1), F.A.C., and less than that which is permitted in subparagraph 5J-21.001(5)(c) 1., F.A.C., shall be identified as "XX% Ethanol" and "Use Only in Flex-Fuel Vehicles, May Harm Other Engines" where XX is the ethanol concentration in volume percent rounded to the nearest multiple of 10.(8)(a) All biodiesel blends containing diesel fuel kept, offered, or exposed for sale, or sold, at retail that contain more than 5% biodiesel shall be identified as "(BXX) Biodiesel Blend," where XX represents the volume percent biodiesel in the biodiesel blend or "Biodiesel Blend Between 6% and 20%." All biodiesel or B99 kept, offered, or exposed for sale, or sold, at retail shall be identified as "(BXX) Biodiesel," where XX represents the volume percent biodiesel. Each dispenser shall be labeled as such on the vertical surface of each dispenser housing on each side that has measure and price meters with a sign clearly visible and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type).(b) Every dispenser that dispenses biodiesel or B99 shall contain a label on the vertical surface of each dispenser housing on each side that has measure and price meters and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type) that reads as follows: This product contains biodiesel. Consult with your engine manufacturer or owner's manual before using this product.
(9) All biodiesel blends containing fuel oil kept, offered, or exposed for sale, or sold, at retail that contain more than 5% biodiesel shall be identified as "Fuel Oil Containing Biodiesel (XX)," where XX represents the volume percent biodiesel in the biodiesel blend, and shall be labeled as such on the vertical surface of each dispenser housing on each side that has measure and price meters with a sign clearly visible and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type). Every dispenser that dispenses a biodiesel blend containing fuel oil with a biodiesel percentage greater than 5% shall contain a label on the vertical surface of each dispenser housing on each side that has measure and price meters and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type) that reads as follows: This product contains biodiesel. Consult with your equipment or engine manufacturer or owner's manual before using this product.
(10) All gasoline containing greater than ten percent ethanol by volume and up to and including fifteen percent ethanol by volume shall be labeled in accordance with 40 CFR 1090.1510 (7-1-2023 Edition), which is hereby incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Publishing Office, 732 N. Capitol N.W., Washington, D.C. 20401, at CFR-2023-title40-vol37-sec1090-1510.pdf (govinfo.gov), or at http://www.flrules.org/Gateway/reference.asp?No=Ref-16899.(11) Any other alternative fuel shall be labeled clearly and unambiguously on the vertical surface of each dispenser housing on each side that has measure and price meters with a sign clearly visible and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type).(12)(a) All gasoline kept, offered, or exposed for sale, or sold, at retail, containing at least one percent but no more than 12.5% by volume of butanol shall be identified as "contains 12.5% or less butanol" or "contains 1-12.5% butanol," or other definitive equivalent statement declaring the presence of butanol on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver's position, in a type at least 1/2 inch in height and 1/16 inch stroke (width of type).(b) Labels placed on any multi-product dispensers must be placed in a position and contain wording so as to clearly and conspicuously identify the presence of butanol in all such products that contain butanol. Such labels and placement must not be in such a manner that may suggest products not blended with butanol contain butanol. This may be accomplished by use of the words "all gasoline" on the label; specifically identify each product that contains butanol through language or by arrangement of labels on the dispenser; or through other such clear and conspicuous means.Fla. Admin. Code Ann. R. 5J-21.003
Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.01, 525.035, 525.037, 525.14 FS.
Amended 12-31-74, 2-13-80, 5-3-83, 4-22-85, Formerly 5F-2.03, Amended 11-28-89, 1-24-93, 11-24-94, 6-1-06, 5-6-08, 1-3-10, Amended by Florida Register Volume 40, Number 247, December 23, 2014, effective 1/7/2015, Formerly RSA 5F-2.003, Amended by Florida Register Volume 46, Number 215, November 3, 2020 effective 11/15/2020, Amended by Florida Register Volume 48, Number 026, February 8, 2022 effective 2/20/2022, Amended by Florida Register Volume 50, Number 163, August 20, 2024 effective 9/2/2024.New 12-31-74, Amended 2-13-80, 5-3-83, 4-22-85, Formerly 5F-2.03, Amended 11-28-89, 1-24-93, 11-24-94, 6-1-06, 5-6-08, 1-3-10, 1-7-15, Formerly 5F-2.003, Amended 11-15-20, 2-20-22.