La. Admin. Code tit. 7 § XXXV-347

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXXV-347 - Nonconforming Product

A. When the analysis of a sample of a petroleum product performed in conformity with the provisions of this Subchapter discloses that the product from which the sample was taken does not conform to the specifications fixed by this Subchapter, it is the duty of the commissioner to immediately serve notice on the manufacturer, distributor or seller that the product must not be sold in the state. If the petroleum product is in the process of transportation and has not yet been delivered to the consignee or retailer, the commissioner or his designee may immediately notify the consignor of the result of the test and instruct said consignor to withdraw the product from sale in this state. Failure on the part of the consignor to obey these orders shall constitute a violation of this Subchapter.

B. If the petroleum product is not in the process of transportation, but is exposed or offered for sale or distribution, the commissioner or his designee may, by written order, stop the sale or distribution of this product. The retailer or distributor upon whom a stop-sale order is served is prohibited from exposing for sale, selling, or distributing this product until formally released by order of the commissioner. The stop-sale order given by the commissioner must apply only to that product and may not be extended to cover other petroleum products sold or distributed by a retail dealer or distributor which are found to conform to specifications fixed under the provisions of this Subchapter.

C. When the commissioner or his designee issues a written order to stop the offering for sale, sale, or distribution of a particular product which is maintained at a terminal or bulk plant facility, the terminal or bulk storage plant shall immediately notify all customers that received those product(s) and make any arrangements necessary to replace or adjust to specifications those product(s). The terminal or bulk storage plant shall also immediately notify the commissioner of those customers, their business locations, and the quantity of product delivered to each location.

D. Once a stop sale order has been issued on a product, whether on the rack, in transport, or in retail, the disposition of the nonconforming product shall be communicated to the commissioner on a form provided by the department. The responsible party and driver shall both sign the form. For purposes of this Subsection, the responsible party shall be the distributor if the condemned product is on the rack or in transport and shall be the station owner or his designee if the condemned product is in retail. The responsible party will contact the department inspector to retrieve the signed form during normal business hours. A release from a stop-sale order will be issued only after the commissioner or his designee has agreed upon final disposition of the product. Confirmation of disposition of products shall be made available in writing to the commissioner. Specific variations or exemptions may be made for fuels used for blending purposes or designed for special equipment or services and for which it can be demonstrated that the distribution will be restricted to those uses.

E. The following methods are approved for non-conforming products:

1. the nonconforming product may be returned to the refinery for re-refining;

2. the nonconforming product may be disposed of by environmentally acceptable means; or

3. the nonconforming product may be blended out to remove the contaminating substances in an effort to make the product conform to specification. The blended product shall not be offered for sale again until tested and approved by the department.

F. The commissioner or his designee may placard or seal any pump, dispenser, tank or container which contains a nonconforming product or which would dispense a petroleum product that does not conform to the appropriate specification in this Subchapter. No person shall deface, remove, or obscure any placard or seal posted or placed by the commissioner or his designee or act in any manner so as to interfere with or obstruct the commissioner or his designee in the discharge of his duties under this Section.

La. Admin. Code tit. 7, § XXXV-347

Promulgated by the Department of Agriculture and Forestry, Office of Agro-Consumer Services, Division of Weights and MeasuLR res, 31:34 (January 2005), repromulgated by the Department of Agriculture and Forestry, Office of Agro-Consumer Services, LR 34:2550 (December 2008), Amended by the Department of Agriculture and Forestry, Office of Agro-Consumer Services, Division of Weights and Measures, LR 412100 (10/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:4608, 3:4673, and 3:4680.