Section 33.1-34-01-02 - Labeling specifications1.Posted octane rating. The posted octane rating of a gasoline or alcohol-blended gasoline is the mathematical average of the octane as determined by the ASTM D2699 Research Method engine test and the octane as determined by the ASTM D2700 Motor Method engine test. a. The posted octane rating must be conspicuously placed on the dispenser's front panel in a type not less than one inch [2.54 centimeters] high. b. Only gasoline or alcohol-blended gasoline with a posted octane rating greater than or equal to ninety-one may be labeled "premium", "supreme", or "high test". c. Only gasoline or alcohol-blended gasoline with a posted octane rating greater than or equal to eighty-nine may be labeled "super", "plus", or "midgrade". d. Octane of unleaded and leaded gasoline or alcohol-blended gasoline must be at least eighty-seven. Unleaded gasoline or alcohol-blended gasoline means that gasoline or alcohol-blended gasoline produced without the intentional use of any lead additive and which contains not more than five one-hundredths grams of lead per gallon and not more than five one-thousandths grams of phosphorus per gallon. Leaded gasoline or alcohol-blended gasoline means gasoline or alcohol-blended gasoline which contains more than five one-thousandths grams of phosphorus per gallon, or any fuel to which lead or phosphorus is intentionally added.2.Alcohol-blended gasolines.a. All gasoline or alcohol-blended gasoline sold or offered for sale containing ethanol, methanol, or cosolvent alcohol, or any combination thereof, shall be labeled with the conventional name or names of the alcohol contained in the gasoline or alcohol-blended gasoline if the gasoline or alcohol-blended gasoline consists of one percent or more by volume of any alcohol or combinations of alcohols. The label must be on any price advertising and the dispenser's front panel next to the gasoline or alcohol-blended gasoline grade label in a position that is clear and conspicuous from the driver's position. The dispensing unit label shall also identify the maximum percentage by volume, to the nearest whole percent, of ethanol, methanol, or cosolvent alcohol, or any combination thereof contained in the gasoline or alcohol-blended gasoline. If gasoline or alcohol-blended gasoline consists of one percent or more by volume of ethanol, the dispensing unit shall bear the ethanol promotion and information council label or logo. b. Maximum percentage of methanol and cosolvent alcohol must both be conspicuously displayed or labeled if the product contains three percent or more by volume of methanol. c. No person may sell gasoline or alcohol-blended gasoline in any manner, including coloring, which shall deceive, tend to deceive, or has the effect of deceiving the purchaser as to grade or type. d. Suppliers of alcohol-blended gasoline to retail service stations or to other resuppliers must provide to the retailer or other reseller an invoice or delivery ticket indicating to within one percentage point the specific content by volume of any alcohol contained if the gasoline or alcohol-blended gasoline consists of one percent or more by volume of any alcohol or combinations of alcohols. This information must be made readily available to the consumer of an alcohol-blended gasoline.3.Gasoline grade designations. All gasolines or alcohol-blended gasolines sold or offered for sale must bear on the dispenser's front panel and on any price advertising the appropriate leaded or lead-free grade designation. This label must be posted in a position that is clear and conspicuous from the driver's position. 4.Biodiesel. a. Biodiesel and biodiesel blends shall be identified by the capital letter "B" followed by the numerical value representing the volume percentage of biodiesel fuel. b. Each retail dispenser of biodiesel blend containing more than five percent and up to and including twenty percent biodiesel shall be labeled with either the capital letter "B" followed by the numerical value representing the volume percentage of biodiesel fuel and ending with "biodiesel blend" or the phrase "biodiesel blend between 5% and 20%" or similar words. c. Each retail dispenser of biodiesel or biodiesel blend containing more than twenty percent biodiesel shall be labeled with the capital letter "B" followed by the numerical value representing the volume percentage of biodiesel fuel and ending with either "biodiesel" or "biodiesel blend".d. Suppliers of biodiesel or biodiesel blend to retail service stations or to other resuppliers must provide to the retailer or reseller a declaration of the volume percent biodiesel on an invoice or delivery ticket. This documentation is for dispenser labeling purposes only. It is the responsibility of any potential blender to determine the amount of biodiesel in the diesel fuel prior to blending.N.D. Admin Code 33.1-34-01-02
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 23.1-13-02, 23.1-13-12; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-13-12; S.L. 2017, ch. 199, § 28