La. Admin. Code tit. 7 § XXXV-321
Current through Register Vol. 50, No. 11, November 20, 2024
Section XXXV-321 - Classification and Method of Sale of Petroleum ProductsA. When gasoline, gasoline-oxygenate blends, reformulated gasoline, M85 and M100 fuel methanol, ethanol flex fuels, biodiesel, biomass-based diesel, biomassbased diesel blend, diesel fuel, kerosene, aviation gasoline, aviation turbine fuels, or fuel oils are sold, an invoice, bill of lading, shipping paper, or other documentation must accompany each delivery other than a retail sale. This documentation must identify the quantity, the name of the product, the particular grade of the product, the applicable automotive fuel rating, oxygenate type and content (if applicable), the name and address of the seller and buyer, and the date and time of the sale. This documentation must be retained at the retail establishment for a period not less than one year. The sale of any product under any grade name that indicates to the purchaser that it is of a certain automotive fuel rating shall not be permitted unless the automotive fuel rating or ASTM grade indicated in the grade name is consistent with the value and meets the requirements of 16 CFR 306.5 and 306.6 for transfers to anyone who is not a consumer, 16 CFR 306.12 for automotive fuel sold to consumers, and this Subchapter.B. All retail dispensing devices must identify conspicuously the type of product, the particular grade of the product, and the applicable automotive fuel rating. The device shall automatically show on its face the initial zero condition and the quantity delivered (up to the nominal capacity). However, the first 0.03 L (or 0.009 gal.) of a delivery and its associated total sales price need not be indicated. In the event of a power loss, the information needed to complete any transaction in progress at the time of the power loss (such as the quantity and unit price, or sales price) shall be determinable for at least 15 minutes at the dispenser or at the console if the console is accessible to the customer. The device memory shall retain information on the quantity of fuel dispensed and the sales price totals during power loss. The primary indicating elements, and primary recording elements if the device is equipped to record, shall be readily returnable to a definite zero indication. However, a key-lock operated or other self-operated device may be equipped with cumulative indicating or recording elements, provided that it is also equipped with a zero-return indicating element. It shall not be possible to return primary indicating elements or primary recording elements beyond the correct zero position.C. A computing or money-operated device shall be able to display on each face the unit price at which the device is set to compute or to dispense. Whenever a grade, brand, blend, or mixture is offered for sale from a device at more than one unit price, then all of the unit prices at which that product is offered for sale shall be displayed or shall be capable of being displayed on the dispenser using controls available to the customer prior to the delivery of the product. It is not necessary that all of the unit prices for all grades, brands, blends, or mixtures be simultaneously displayed prior to the delivery of the product. This Subsection shall not apply to fleet sales, other contract sales, or truck refueling sales (e.g., sales from dispensers used to refuel trucks).D. A device shall be able to display conspicuously on each side the identity of the product being dispensed. A device designed to dispense more than one grade, brand, blend, or mixture of product also shall be able to display on each side the identity of the grade, brand, blend, or mixture being dispensed.E. A computing device shall compute the total sales price at any single-purchase unit price (i.e., excluding fleet sales, other price contract sales, and truck stop dispensers used only to refuel trucks) for which the product being measured is offered for sale at any delivery possible within either the measurement range of the device or the range of the computing elements, whichever is less. The analog sales price indicated for any delivered quantity shall not differ from a mathematically computed price (quantity x unit price = total sales price) by an amount greater than the value in Paragraph E.1. The values of the graduated intervals representing money values on a computing type device shall be no greater than those in Paragraph E.1. Money-Value Divisions and Maximum Allowable Variations for Money-Value Computations on Mechanical Analog Computers. A computing type device with digital indications shall comply with the requirements of Paragraph E.1and the total price computation shall be based on quantities not exceeding 0.05 L for devices indicating in metric units and 0.01 gal. intervals for devices indicating in inch-pound units. If a system is equipped with auxiliary indications, all indicated money value divisions of the auxiliary element shall be identical with those of the primary element. 1. Money-Value Divisions and Maximum Allowable Variations for Money-Value Computations on Mechanical Analog Computers Unit Price | Money Value Division | Maximum Allowable Variation |
From | To and including | Design Test | Field Test |
0 | $0.25/liter or $1.00/gallon | $0.01 | +- $0.01 | +- $0.01 |
$0.25/liter or $1.00/gallon | $0.75/liter or $3.00/gallon | $0.01 or 0.02 | +- $0.01 | +- $0.02 |
$0.75/liter or $3.00/gallon | $ 2.50/liter or $10.00/gallon | $0.01 or 0.02 | +- $0.01 | +- $0.02 |
$0.75/liter or $3.00/gallon | $ 2.50/liter or $10.00/gallon | $0.05 | +- $0.02 1/2 | +- $0.05 |
F. When a product or grade is offered for sale at more than one unit price through a computing device, the selection of the unit price shall be made prior to delivery using controls on the device or other customer-activated controls except for dispensers used exclusively for fleet sales, other price contract sales, and truck refueling, e.g., truck stop dispensers used only to refuel trucks. A system shall not permit a change to the unit price during delivery of product. When a delivery is completed, the total price and quantity for that transaction shall be displayed on the face of the dispenser for at least five minutes or until the next transaction is initiated by using controls on the device or other customer-activated controls.G. A retailer is not required to have a street sign or billboard to advertise available motor fuels and their prices or to advertise every grade of motor fuel available at the retail location. However, if a retailer chooses to use a street sign and/or billboard to advertise the retail location's available motor fuels, then the street sign and/or billboard shall conspicuously display the following: 1. type(s) or grade(s) of motor fuel being advertised; and2. the highest price(s) for the advertised grade(s) of motor fuel(s). In the event that the same grade of motor fuel is sold at different prices at the same retail location, a lower price for that grade of motor fuel may be displayed as long as the conditions under which the lower price may be obtained are clearly posted on the sign and available to everyone who qualifies for that lower price. If the sign or billboard displays a flashing sign with multiple prices for each grade of motor fuel, each price displayed with the conditions under which it may be obtained shall be visible for a period of at least three seconds.La. Admin. Code tit. 7, § XXXV-321
Promulgated by the Department of Agriculture and Forestry, Office of Agro-Consumer Services, Division of Weights and MeasuLR res, 31:31 (January 2005), Amended LR 412099 (10/1/2015), Amended by the Department of Agriculture and Forestry, Office of Agro-Consumer Services LR 47562 (5/1/2021).AUTHORITY NOTE: Promulgated in accordance with R.S. 3:4671, 4672, 4673, 4680, and 4681.