Classification and Method of Sale of Biodiesel B100 and Biodiesel Blends, 100% Biomass-Based Diesel and Biomass-Based Diesel Blends
1. Retail Dispenser Labeling. All B100 biodiesel, and/or 100% Biomass-Based Diesel that is kept, offered or exposed for sale or sold at retail shall conspicuously display the product name and/or brand name being sold therefrom exactly as such name and/or brand name that is registered with the department.a. The product shall be named B100 Biodiesel Fuel and/or 100% BiomassBased Diesel Fuel.b. The label shall meet the requirements of 16 CFR Part 306.2. Retail Dispenser Labeling. All biodiesel or biomass based diesel blends that are kept, offered or exposed for sale or sold at retail shall conspicuously display the product name and/or brand name being sold therefrom exactly as such name and/or brand name that is registered with the department and be labeled in a manner that informs consumers of the percent of biodiesel or biomass-based diesel that is contained in the biodiesel blend or biomass-based diesel blend that is offered for sale, follows: a. All biodiesel blend or biomass-based blend dispensers that contain less than or equal to 5 percent biodiesel or biomass-based diesel by volume and meet ASTM D975 diesel specifications shall be identified "may contain up to 5% biodiesel". Label shall be 3" x 2 1/2" or similar size as approved by the commissioner and all letters shall be black with a contrasting background.b. All biodiesel blend or biomass-based diesel blend dispensers that contain more than 5 percent biodiesel or biomass-based diesel by volume but not more than 20 percent by volume shall be labeled "contains biomass-based diesel or biodiesel in quantities between 5 percent and 20 percent". i. The label shall meet the requirements of 16 CFR Part 306.c. Blends of greater than 20% Biodiesel shall be identified by the capital letter B followed by the numerical value representing the volume percentage of biodiesel fuel. The product shall be named BXX Biodiesel Blend. Example: B21 Biodiesel Blend, B25 Biodiesel Blend, B60 Biodiesel Blend, B80 Biodiesel Blend.
i. The label shall meet the requirements of 16 CFR Part 306.d. Blends of greater than 20% Biomass-Based Diesel shall be identified as containing the numerical value representing the volume percentage of biomass-based diesel in the fuel, followed immediately by the percentage symbol and the term Biomass-Based Diesel Blend. Example: 21% Biomass-Based Diesel Blend, 60% Biomass-Based Diesel Blend.
i. The label shall meet the requirements of 16 CFR Part 306.e. When biodiesel or biomass-based diesel blends greater than 20% by volume are offered for sale, each side of the dispenser where fuel can be delivered shall have a label conspicuously placed that states "Consult Vehicle Manufacturer Fuel Recommendations."3. Documentation for Dispenser Labeling Purposes. At the time of delivery of the fuel, the retailer shall be provided with a declaration of the volume percent biodiesel, biomass-based diesel, on an invoice, bill of lading, shipping paper, or other document. This documentation is for dispenser labeling purposes only; it shall be the responsibility of all potential blenders to determine the amount of biodiesel and/or biomass-based diesel, in the diesel fuel. Except that: a. Biodiesel or biomass-based diesel blends that contain less than or equal to 5 percent biodiesel or biomass-based diesel shall be identified as "May contain up to 5% biodiesel".4. Documentation Content. Every shipment of B100 biodiesel and/or biodiesel blend, and or 100% biomass-based diesel, and/or biomass-based diesel blend, produced or imported for sale into Mississippi shall be accompanied by an invoice, bill of lading, shipping paper or other documentation. This document shall identify the quantity, the name of the product, the particular grade or blend of the product, the name and address of the seller and the buyer, and the date and time of the sale. Except that: a. all biodiesel blends or biomass-based diesel blends up to 5 volume percent shall be identified as "May contain up to 5% biodiesel" or "May contain up to 5% biomass-based diesel.5. In addition to the bill of lading, shipping paper, or other documentation of sale, all biodiesel B100 and/or biodiesel blend, containing more than 20 volume percent biodiesel; all biomass-based diesel 100% and/or biomass-based diesel blends, containing more than 20 volume percent biomass-based diesel; produced or imported for sale into Mississippi shall be accompanied by a certificate of analysis or a certificate of full specification analysis.6. Shipments of biodiesel B100 and/or biodiesel blends, biomass-based diesel and/or biomass-based diesel blends, containing more than 20 volume percent which do not have a certificate of analysis shall not be imported into Mississippi. Biodiesel B100 and/or biodiesel blends, biomass-based diesel 100% and/or biomass-based diesel blends, containing more than 20 volume percent produced in Mississippi which does not have a certificate of analysis or a certificate of full specification shall not be sold in Mississippi.2 Miss. Code. R. 1-4-08-113.03
Adopted August 24, 2009. Amended December 1, 2011.