§ 20-673.2 Certification, display and representation of octane rating.
AC § 20-673.2
a. For purposes of this section, the following terms shall have the following meanings: 1. "Gasoline" shall mean gasoline of a type distributed for use as a fuel in any motor vehicle.
2."Distributor" shall mean any person who receives gasoline and distributes such gasoline to another person other than the ultimate purchaser.
3."Retailer" shall mean any person who markets gasoline to the general public for ultimate consumption.
4."Knock" shall mean the combustion of a fuel spontaneously in localized areas of a cylinder of a spark-ignition engine, instead of the combustion of such fuel progressing from the spark.
5."Octane rating" shall mean the rating of the anti-knock characteristics of a grade or type of gasoline as determined by dividing by two the sum of the research octane number plus the motor octane number, unless another procedure is prescribed under paragraph three of 15 U.S.C. § 2823(c), in which case such term shall mean the rating of such characteristics as determined under the procedure so prescribed.
6."Refiner" shall mean any person engaged in the refining of crude oil to produce gasoline or the importation of gasoline.
7."Research octane number" and "motor octane number" shall have the meaning given such terms in the specifications of the American Society for Testing and Materials (ASTM) entitled "Standard Specifications for Automotive Gasoline" designated D 439 and, with respect to any grade or type of gasoline, are determined in accordance with test methods set forth in ASTM standard test methods designated D 2699 and D 2700, or such other meaning given such terms in any regulations promulgated by the federal trade commission pursuant to 15 U.S.C. § 2823.
8."Ultimate purchaser" shall mean, with respect to any item, the first person who purchases such item for purposes other than resale. b. Each refiner who distributes gasoline shall: (1) determine the octane rating of any such gasoline; and (2) if such refiner distributes such gasoline to any person other than the ultimate purchaser, certify, consistent with the determination made under paragraph one of this subdivision, the octane rating of such gasoline. c. Each distributor who receives gasoline, the octane rating of which is certified to the distributor under this section, and distributes such gasoline to another person other than the ultimate purchaser shall certify to such other person the octane rating of such gasoline consistent with: (1) the octane rating of such gasoline certified to such distributor; or (2) if such distributor elects, in accordance with the regulations of the federal trade commission, the octane rating of such gasoline determined by such distributor. d. Each retailer shall display at the point of sale to ultimate purchasers of gasoline, the octane rating of such gasoline, in accordance with the posting requirements and label specifications to be prescribed by the commissioner by regulation. Such octane rating shall be consistent with: (1) the octane rating of such gasoline certified to such retailer under paragraph two of subdivision b of this section or under subdivision c of this section; (2) if such retailer elects, in accordance with the regulations of the federal trade commission, the octane rating of such gasoline determined by such retailer for such gasoline; or (3) if such retailer is a refiner, the octane rating of such gasoline determined under paragraph one of subdivision b of this section. e. No person who distributes gasoline may make any representation respecting the anti-knock characteristics of such gasoline unless such representation fairly discloses the octane rating of such gasoline consistent with such gasoline's octane rating as certified to, or determined by, such person under the foregoing subdivisions of this section. f. For purposes of this section, the octane rating of any gasoline shall be considered to be certified, displayed or represented by any person consistent with the rating certified to, or determined by, such person: (1) in the case of gasoline which consists of a blend of two or more quantities of gasoline of differing octane ratings, only if the rating certified, displayed or represented by such person is the average of the octane ratings of such quantities, weighted by volume; or (2) in the case of gasoline which does not consist of such a blend, only if the octane rating such person certifies, displays or represents is the same as the octane rating of such gasoline certified to, or determined by, such person.
