Update rule sections to adopt Federal requirements for labeling; reflect current versions of referenced department forms; change adopted reference of the National Institute of Standards and Technology (NIST) Handbook 44 from a direct reference to ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Standards

RULE NOS.:RULE TITLES:

5F-2.002Disposition of Below Standard Gasoline, Kerosene, Diesel Fuel Oils No. 1-D and No. 2-D, and Fuel Oils No. 1 and No. 2, and Alternative Fuels.

5F-2.003Registration and Identification

5F-2.005Inaccurate Measuring Devices

5F-2.006Inspection Identification Stickers

5F-2.014Adoption of the General Code and the Codes of Liquid-Measuring Devices, Liquefied Petroleum Gas and Anhydrous Ammonia Liquid-Measuring Devices, Hydrocarbon Gas Vapor-Measuring Devices, Vehicle-Tank Meters, and Vehicle Tanks Used as Measures of National Institute of Standards and Technology Handbook 44 Meter Sealing Requirements.

5F-2.016Guidelines for Imposing Administrative Penalties

PURPOSE AND EFFECT: Update rule sections to adopt Federal requirements for labeling; reflect current versions of referenced department forms; change adopted reference of the National Institute of Standards and Technology (NIST) Handbook 44 from a direct reference to another rule reference to ensure consistency with regard to adopted versions; amend biodiesel labeling requirements to better reflect current changes in the market with respect to diesel fuels blended with biodiesel; amend penalty section to more appropriately apply penalties to violations of this rule and update references in the penalty section; update sections of rule to account for the recent Division and Bureau level mergers; adopt diesel fuel nozzle size requirements for retail dispensers; adopt EPA labeling requirements for E15 fuel dispensers; adopt labeling requirements for mid-level ethanol blends; amend diesel fuel dispenser labeling requirements to reference applicable CFR requirements, which will update the labeling requirements to current codes; amend rule to reflect recent statutory changes to transfer collection of the petroleum inspection fee to the Florida Department of Revenue; and adopt labeling specifications for gasoline blended with butanol.

SUMMARY: The proposed rule includes updating Federal requirements for product labeling; updating rule sections to reflect current versions of referenced department forms; changing the adopted reference of the National Institute of Standards and Technology (NIST) Handbook 44 from a direct reference to another rule reference to ensure consistency with regard to adopted versions; amending labeling requirements to better reflect current changes in the market with respect to diesel fuels blended with biodiesel; amending the penalty section to more appropriately apply penalties to violations of this rule and update references in the penalty section; updating sections of rule to account for the recent Division and Bureau level mergers; adopting diesel fuel nozzle size requirements; adopting federal labeling requirements for E15 fuels; adopting labeling requirements for mid-level ethanol blends; amending diesel fuel dispenser labeling requirements to reference applicable CFR requirements, which will update the labeling requirements to current codes; amending rule to reflect recent statutory changes to transfer collection of the petroleum inspection fee to the Florida Department of Revenue; and adopting labeling specifications for gasoline blended with butanol.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. Additionally, no interested party submitted additional information regarding the economic impact. Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 525.14, 531.40, 531.41(3), 570.07(23) FS.

LAW IMPLEMENTED: 525.01, 525.035, 525.07, 525.09, 525.14, 525.16, 531.40 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 24 hours before the workshop/meeting by contacting: Matthew D. Curran, Ph.D., Chief, Bureau of Standards, 3125 Conner Blvd., Bldg. #2, Tallahassee, FL 32399, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Matthew D. Curran, Ph.D., Chief, Bureau of Standards, 3125 Conner Blvd., Bldg. #2, Tallahassee, FL 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5F-2.002 Disposition of Below Standard Gasoline, Kerosene, Diesel Fuel Oils No. 1-D and No. 2-D, and Fuel Oils No. 1 and No. 2, and Alternative Fuels.

(1) through (5) No change.

(6) In accordance with Section 525.035, F.S., any petroleum fuel that fails to meet applicable labeling requirements, as adopted in this rule, shall be placed under Stop Sale Order by the department Department using FDACS-03206 DACS Form 03206, Stop Sale Order, Rev. 12/12 1/09, and the measuring devices and storage tanks of said product shall be sealed by the department Department with FDACS-03537 DACS Form 03537, Warning Tag, Rev. 08/12 1/09, prohibiting the sale of the petroleum fuel. The petroleum fuel shall be released by the department Department from the Stop Sale Order in accordance with Section 525.035, F.S., using FDACS-03209, Release, Rev. 01/09. The documents referenced in this subsection are incorporated by reference in Rule 5F-2.001, F.A.C., DACS Form 03209, Release, Rev. 1/09. The documents referenced in this subsection are hereby adopted and incorporated by reference and can be viewed and obtained by visiting http://www.doacs.state.fl.us/ onestop/std/petinsp.html.

(7) In accordance with Section 525.037, F.S., any petroleum fuel that fails to meet applicable standards, as adopted in this rule, shall be placed under Stop Sale Order by the department Department using FDACS-03206 DACS Form 03206, Stop Sale Order, Rev. 12/12 1/09, and the measuring devices and storage tanks of said petroleum fuel shall be sealed by the department Department with FDACS-03537 DACS Form 03537, Warning Tag, Rev. 08/12 1/09, prohibiting the sale of the petroleum fuel. The petroleum fuel shall be released by the department Department from the Stop Sale Order in accordance with Section 525.037, F.S., using FDACS-03209, Release, Rev. 01/09. The documents referenced in this subsection are incorporated by reference in Rule 5F-2.001, F.A.C., DACS Form 03209, Release, Rev. 1/09. The documents referenced in this subsection are hereby adopted and incorporated by reference and can be viewed and obtained by visiting http://www.doacs.state.fl.us/ onestop/std/petinsp.html.

Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.035, 525.037, 525.16 FS. History–Amended 7-1-71, 7-1-73, Repromulgated 12-31-74, Amended 2-13-80, Formerly 5F-2.02, Amended 5-3-90, 8-13-92, 1-24-93, 11-29-94, 6-1-06, 5-6-08, 1-3-10,________.

 

5F-2.003 Registration and Identification.

(1) All terminal suppliers, importers, and wholesalers registered with the Florida Department of Revenue and manufacturers shall submit DACS Form 03202, Gasoline and Oil Inspection Affadavit and Inspection Fee Report, Rev. 8/09, to the Department before selling or offering for sale any pertroleum fuel in this state. The applicant shall also list all manufacturers, terminal suppliers, wholesalers, and/or importers of the petroleum fuel to be sold and establish responsibility for payment of the inspection fee pursuant to Section 525.09, F.S. The applicant must also identify themselves as a manufacturer, terminal supplier, wholesaler, or importer as defined below. The inspection fee shall be paid using DACS Form 03222, Report of Gasoline, Kerosene, and Fuel Oil #1 Sales in the State of Florida, Rev. 10/09, The documents referenced in this subsection are hereby adopted and incorporated by reference and can be viewed and obtained by visiting http://www.doacs.state.fl.us/onestop/std/petinsp.html.

(a) A “manufacturer” is any company or business entity producing petroleum fuel.

(b) A “terminal supplier” for purposes of this rule chapter means any position holder that has been licensed by the Department of Revenue as a terminal supplier, that has met the requirements of Sections 206.05 and 206.90, F.S., and that is registered under the Internal Revenue Code (26 USC 4101) for transactions involving the bulk storage and transfer of taxable motor or diesel fuels.

(c) A “wholesaler” for purposes of this rule chapter means any person who holds a valid wholesaler of taxable fuel license issued by the Florida Department of Revenue as a wholesaler as defined in Section 206.01(4), F.S.

(d) An “importer” for purposes of this rule chapter means any person that has met the requirements of Section 206.051, F.S., and is licensed by the Department of Revenue to import motor fuel or diesel fuel upon which no pre-collection of tax has occurred, other than through bulk transfer, into this state by common carrier or company-owned trucks.

(1)(2) Every retail gasoline dispenser shall have the octane rating of the gasoline being sold therefrom conspicuously and firmly posted in a manner conforming with 16 CFR Part 306.12 (1-1-12 Edition) (2008), which is hereby adopted by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, or at http://www.flrules.org/Gateway/reference____ at http://www.gpoaccess.gov/index.html,.

(2)(3) Every retail gasoline dispenser shall have the grade designation of the gasoline being sold therefrom conspicuously and firmly attached thereto. The octane rating of gasoline sold using the following grade designations must meet the minimum octane rating indicated:

Grade Designation	Minimum Octane Rating
Premium, Super, Supreme, High Test	91
Midgrade, Plus	89
Regular, Unleaded	87

(3)(4) All racing gasoline or gasoline designed for special use that is kept, offered, or exposed for sale, or sold at retail that does not meet standards established in subsection 5F-2.001(1), F.A.C.:

(a) through (b) No change.

(4)(5) Every retail kerosene dispenser or container-package of kerosene offered for sale at retail shall be conspicuously labeled “kerosene” immediately followed by the designation: 1-K or 2-K, whichever is applicable.

(5)(6) Every Beginning June 1, 2006, every retail diesel fuel dispenser shall have the proper grade designation to indicate the sulfur content of the diesel fuel being sold therefrom conspicuously and firmly attached thereto and in accordance with 40 CFR Parts 80.570-80.574 (7-1-12 Edition), which is hereby adopted by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, or at http://www.flrules.org/Gateway/reference. Lettering must be in block letters of no less than 24-point bold type and printed in a color contrasting the background. The label shall be placed on the vertical surface of each dispenser housing on each side that has measure and price meters. The label shall be on the upper two-thirds of the dispenser and clearly visible to anyone dispensing fuel from the dispenser. The label shall include all of the following text relating to the grade of diesel fuel sold through the dispenser:

(a) For all ultra-low sulfur highway diesel fuel:

ULTRA-LOW SULFUR HIGHWAY DIESEL FUEL (15 ppm Sulfur Maximum)

Required for use in all model year 2007 and later highway diesel vehicles and engines.

Recommended for use in all diesel vehicles and engines.

(b) For all low sulfur highway diesel fuel:

LOW SULFUR HIGHWAY DIESEL FUEL (500 ppm Sulfur Maximum)

WARNING – Federal law prohibits use in model year 2007 and later highway vehicles and engines. Its use may damage these vehicles and engines.

(c) For ultra-low sulfur non-highway diesel fuel:

ULTRA-LOW SULFUR NON-HIGHWAY DIESEL FUEL (15 ppm Sulfur Maximum)

Required for use in all model year 2011 and newer non-road diesel engines.

Recommended for use in all other non-road, locomotive, and marine diesel engines.

WARNING – Federal law prohibits use in highway vehicles or engines.

(d) For low sulfur non-highway diesel fuel:

LOW SULFUR NON-HIGHWAY DIESEL FUEL (500 ppm Sulfur Maximum)

WARNING – Federal law prohibits use in highway vehicles or engines.

(e) For high sulfur non-highway diesel fuel:

HIGH SULFUR NON-HIGHWAY DIESEL FUEL (may exceed 500 ppm Sulfur, but not more than 5,000 ppm Sulfur)

WARNING – Federal law prohibits use in highway vehicles or engines.

May damage non-road diesel engines required to use low-sulfur or ultra-low sulfur diesel fuel.

(f) For all fuel (heating) oil:

WARNING – Federal law prohibits use in highway vehicles or engines.

Its use may damage these diesel engines.

(6)(7)(a) All gasoline kept, offered, or exposed for sale, or sold, at retail, containing at least one percent but no more than 10% by volume of ethanol, methanol, or a combination shall be identified as “contains 10% or less ethanol” or “contains 1-10% ethanol,” “contains 10% or less methanol” or “contains 1-10% methanol,” or “contains 10% or less ethanol/methanol” or “contains 1-10% ethanol/methanol”, or other definitive equivalent statement declaring the presence of methanol, ethanol, or combination on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver’s position, in a type at least 1/2 inch in height and 1/16 inch stroke (width of type). Gasoline kept, offered, or exposed for sale, or sold, at retail, containing specifically ten percent by volume of ethanol may be identified as “E10” and “contains ethanol” or other definitive equivalent statement declaring the presence of ethanol on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver’s position, in a type at least 1/2 inch in height and 1/16 inch stroke (width of type).

(b) No change.

(7)(8) All alternative fuel kept, offered, or exposed for sale, or sold, at retail that contains more than 10% ethanol, methanol or other alcohol shall be identified by a name indicating the amount and type(s) of ethanol, methanol or other alcohol in the fuel and shall be labeled as such on the vertical surface of each dispenser housing in a manner conforming with the layout, type size and setting, color, and label protection requirements of 16 CFR Part 306.12 (1-1-12 Edition) (2008). Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, or at http://www.gpoaccess.gov/ index.html. See Rule 5F-2.003, F.A.C., to obtain copies of this document.

(a) Ethanol mixed with gasoline and containing an ethanol content of 51%-83% nominally 75%-85% shall be identified as “E85 Fuel Ethanol Fuel”, or other similar definitive equivalent statement and “For Flex Fuel Vehicles Only.”

(b) No change.

(c) Ethanol mixed with gasoline and containing an ethanol content greater than that which is permitted in subsection 5F-2.001(1), F.A.C., and less than that which is permitted in subparagraph 5F-2.001(5)(c)1., F.A.C., shall be identified as “Mid-Level Ethanol Fuel Blend (EXX)” and “For Flex Fuel Vehicles Only”, where XX represents the volume percent ethanol in the blend.

(8)(9) All biodiesel blends containing diesel fuel kept, offered, or exposed for sale, or sold, at retail that contain more than 5% biodiesel shall be identified as “Biodiesel Blend (BXX),” where XX represents the volume percent biodiesel in the biodiesel blend or “Biodiesel Blend Between 6% and 20%.”. All biodiesel or B99 kept, offered, or exposed for sale, or sold, at retail shall be identified as “Biodiesel (BXX),” where XX represents the volume percent biodiesel and shall be labeled with the proper sulfur grade designation “S15 (15 ppm Sulfur Maximum)” or “S500 (500 ppm Sulfur Maximum).” Each dispenser shall be labeled as such on the vertical surface of each dispenser housing on each side that has measure and price meters with a sign clearly visible and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type).

(a) Every dispenser that dispenses biodiesel or, B99, or a biodiesel blend containing diesel fuel with a biodiesel percentage greater than 5% shall contain a label on the vertical surface of each dispenser housing on each side that has measure and price meters and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type) that reads as follows:

THIS PRODUCT CONTAINS BIODIESEL. CONSULT WITH YOUR ENGINE MANUFACTURER OR OWNER’S MANUAL BEFORE USING THIS PRODUCT.

(b) Every dispenser that dispenses a biodiesel blend containing diesel fuel shall also possess the proper diesel fuel sulfur grade designation conspicuously and firmly attached thereto, as specified in subsection (5)(6) of this section, to indicate the grade of the biodiesel blend being sold therefrom. The diesel fuel sulfur grade designation shall apply to the blended fuel.

(9)(10) All biodiesel blends containing fuel oil kept, offered, or exposed for sale, or sold, at retail that contain more than 5% biodiesel shall be identified as “Fuel Oil Containing Biodiesel (XX),” where XX represents the volume percent biodiesel in the biodiesel blend, and shall be labeled as such on the vertical surface of each dispenser housing on each side that has measure and price meters with a sign clearly visible and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type). Every dispenser that dispenses a biodiesel blend containing fuel oil with a biodiesel percentage greater than 5% shall contain a label on the vertical surface of each dispenser housing on each side that has measure and price meters and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type) that reads as follows:

THIS PRODUCT CONTAINS BIODIESEL. CONSULT WITH YOUR EQUIPMENT OR ENGINE MANUFACTURER OR OWNER’S MANUAL BEFORE USING THIS PRODUCT.

(10) All gasoline containing greater than ten percent ethanol by volume and up to and including fifteen percent ethanol by volume shall be labeled in accordance with 40 CFR 80.1501 (7-1-13 Edition), which is hereby adopted by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, or at http://www.flrules.org/Gateway/reference.

(11) No change.

(12)(a) All gasoline kept, offered, or exposed for sale, or sold, at retail, containing at least one percent but no more than 12.5% by volume of butanol shall be identified as “contains 12.5% or less butanol” or “contains 1-12.5% butanol,” or other definitive equivalent statement declaring the presence of butanol on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver’s position, in a type at least 1/2 inch in height and 1/16 inch stroke (width of type).

(b) Labels placed on any multi-product dispensers must be placed in a position and contain wording so as to clearly and conspicuously identify the presence of butanol in all such products that contain butanol. Such labels and placement must not be in such a manner that may suggest products not blended with butanol contain butanol. This may be accomplished by use of the words “all gasoline” on the label; specifically identify each product that contains butanol through language or by arrangement of labels on the dispenser; or through other such clear and conspicuous means.

(13)(12) In accordance with Section 525.035, F.S., any petroleum fuel that fails to meet applicable labeling requirements, as adopted in this rule, shall be placed under Stop Sale Order by the department Department using FDACS-03206 DACS Form 03206, Stop Sale Order, Rev. 12/12 1/09, and the measuring devices and storage tanks of said product shall be sealed by the department Department with FDACS-03537 DACS Form 03537, Warning Tag, Rev. 08/12 1/09, prohibiting the sale of the petroleum fuel. The petroleum fuel shall be released by the department Department from the Stop Sale Order in accordance with Section 525.035, F.S., using FDACS-03209, Release, Rev. 01/09 DACS Form 03209, Release, Rev. 1/09. The documents referenced in this subsection are hereby adopted and incorporated by reference in Rule 5F-2.001, F.A.C. and can be viewed and obtained by visiting http://www.doacs.state.fl.us/ onestop/std/petinsp.html.

(14)(13) In accordance with Section 525.037, F.S., any petroleum fuel that fails to meet applicable standards, as adopted in this rule, shall be placed under Stop Sale Order by the department Department using FDACS-03206 DACS Form 03206, Stop Sale Order, Rev. 12/12 1/09, and the measuring devices and storage tanks of said petroleum fuel shall be sealed by the department Department with FDACS-03537 DACS Form 03537, Warning Tag, Rev. 08/12 1/09, prohibiting the sale of the petroleum fuel. The petroleum fuel shall be released by the department Department from the Stop Sale Order in accordance with Section 525.037, F.S., using FDACS-03209, Release, Rev. 01/09 DACS Form 03209, Release, Rev. 1/09. The documents referenced in this subsection are hereby adopted and incorporated by reference in Rule 5F-2.001, F.A.C. and can be viewed and obtained by visiting http://www.doacs.state.fl.us/ onestop/std/petinsp.html.

Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.01, 525.09, 525.035, 525.037, 525.14 FS. History–Amended 12-31-74, 2-13-80, 5-3-83, 4-22-85, Formerly 5F-2.03, Amended 11-28-89, 1-24-93, 11-24-94, 6-1-06, 5-6-08, 1-3-10,__________.

 

5F-2.005 Inaccurate Measuring Devices.

(1) through (2) No change.

(3) If any petroleum fuel measuring device is found to be overregistering fuel in excess of the specifications and tolerances established by the department in Rule 5F-2.014, F.A.C., the device shall be placed out-of-service by the department Department with FDACS-03538 DACS Form 03538, Out of Service, Rev. 08/12 1/09, hereby incorporated by reference, and prohibited from further use. Copies of this form may be accessed at http://www.flrules.org/Gateway/reference______. Such measuring devices placed out-of-service for inaccuracy shall be rendered inoperative either by removal or by the locking of working parts with lead and wire seal and shall not be put back in service without reinspection or the written consent of the department.

(4) If three or more petroleum fuel measuring devices at any petroleum retail facility are each found to be overregistering fuel in excess of 25 cubic inches, the devices shall be placed out-of-service by the department Department with FDACS-03538 DACS Form 03538, Out of Service, Rev. 08/12 1/09, adopted and incorporated by reference in subsection (3) above, and prohibited from further use. The nozzles of such petroleum measuring devices placed out-of-service for inaccuracy shall be covered with a red plastic bag and the measuring devices shall be rendered inoperative either by the removal or by the locking of working parts with lead and wire seal. The measuring devices shall not be put back in service without reinspection or the written consent of the department.

(5) All persons or service agencies that repair or install petroleum fuel measuring devices must register with the department on FDACS-03320 DACS Form 03320, Application for Registration of Service Agencies, Rev. 12/12 3/09, hereby incorporated by reference, and FDACS-03556 DACS Form 03556, Application for Registration – Authorized Meter Mechanic, Rev. 12/12 1/09, hereby incorporated by reference. Copies of FDACS-03320 may be accessed at http://www.flrules.org/Gateway/reference______. Copies of FDACS-03556 may be accessed at http://www.flrules.org/Gateway/reference_____. Any such registered person or sevice agency must immediately notify the department at [phone] [phone] or by fax at [phone] [phone], after any repairs and/or adjustments to any petroleum measuring devices have been made. In order to make application for registration as an authorized meter mechanic you must:

(a) Maintain a test measure of appropriate size according to the National Institute Instituate of Standards and Technology (NIST) Handbook 44, as adopted and incorporated by reference in Rule 5F-5.001, F.A.C. in subsection 5F-2.014(1), F.A.C., that has been calibrated with standards traceable to NIST, pursuant to Section 525.07(9), F.S.

(b) through (c) No change.

(d) Annually apply in person at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Standards, 3125 Conner Blvd., Tallahassee, FL 32399, or at an annual clinic hosted by the department Department, to participate in review of current rules and regulations. Annual clinic schedules for retail, high-volume, and liquefied petroleum gas meters may be obtained by contacting the department Department at [phone].

(6) The department forms referenced in this subsection are hereby adopted and incorporated by reference and can be viewed and obtained by visiting http://www.doacs.state.fl.us/onestop/std/petinsp.html.

(6)(7) In accordance with Section 525.07, F.S., any measuring device that fails to meet applicable requirements, as adopted in this rule, shall be placed out of service by the department Department using FDACS-03538 DACS Form 03538, Out of Service, Rev. 08/12 1/09, adopted and incorporated by reference in subsection (3) above, prohibiting the use of the measuring device. Upon conformance with the applicable requirement, the Out of Service tag shall be removed from the measuring device. The documents referenced in this subsection are hereby adopted and incorporated by reference and can be viewed and obtained by visiting http://www.doacs.state.fl.us/onestop/std/petinsp.html.

Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.07 FS. History–Amended 7-1-74, Repromulgated 12-31-74, 5-3-83, Formerly 5F-2.05, Amended 11-29-94, 5-6-08, 1-3-10,_________.

 

5F-2.006 Inspection Identification Stickers.

(1) No change.

(2) Any measuring device that fails to meet applicable requirements, as adopted in this rule, shall be placed out of service by the department Department using FDACS-03539 DACS Form 03539, Out of Service, Rev. 08/12 3/09, hereby incorporated by reference, prohibiting the use of the measuring device. Copies of this form may be accessed at http://www.flrules.org/Gateway/reference______. Upon conformance with the applicable requirement, the Out of Service tag shall be removed from the measuring device. The documents referenced in this subsection are hereby adopted and incorporated by reference and can be viewed and obtained by visiting http://www.doacs.state. fl.us/onestop/std/petinsp.html.

Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.07 FS. History–Repromulgated 12-31-74, Formerly 5F-2.06, Amended 1-3-10,_________.

 

5F-2.014 Adoption of the General Code and the Codes of Liquid-Measuring Devices, Liquefied Petroleum Gas and Anhydrous Ammonia Liquid-Measuring Devices, Hydrocarbon Gas Vapor-Measuring Devices, Vehicle-Tank Meters, and Vehicle Tanks Used as Measures of National Institute of Standards and Technology Handbook 44 Meter Sealing Requirements, and other related requirements.

(1) The general code and the codes of liquid-measuring devices, liquefied petroleum gas and anhydrous ammonia liquid-measuring devices, hydrocarbon gas vapor-measuring devices, vehicle-tank meters, and vehicle tanks used as measures relating to specifications, tolerances, and other technical requirements for commercial weighing and measuring devices, contained in National Institute of Standards and Technology Handbook 44, are adopted and incorporated by reference in Rule 5F-5.001, F.A.C. 2009 Edition, published by U.S. Department of Commerce are hereby adopted and incorporated by reference as rules of the Department of Agriculture and Consumer Services. Copies may be obtained at http://ts.nist.gov/WeightsAndMeasures/pubs.cfm#Handbooks.

(2) No change.

(3) Any registered person or agency that has installed a petroleum fuel measuring device must report the existence of the petroleum device to the department at [phone] [phone] or by fax at [phone] [phone], within twenty-four (24) hours after installation using FDACS-03219 DACS Form 03219, Placed in Service Report, Rev. 12/12 1/09, hereby incorporated by reference. Copies of this form may be accessed at http://www.flrules.org/Gateway/reference.

(4) Effective July 1, 2013, each dispensing device from which diesel fuel is sold at retail shall be equipped with a nozzle spout that conforms to SAE International J285, MAY2012, “Dispenser Nozzle Spouts for Liquid Fuels Intended for Use with Spark Ignition and Compression Ignition Engines,” and is hereby adopted by reference.  Copies of this publication may be obtained at http://standards.sae.org. This code is also available for public inspection during regular business  hours at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Standards, 3125 Conner Boulevard, Tallahassee, FL 32399-1650. Posting of this material on the internet for purposes of public examination would violate federal copyright law.

(5)(4) Any measuring device that fails to meet applicable requirements, as adopted in subsection (1) or (2) of this section, shall be placed out of service by the department Department using FDACS-03539 DACS Form 03539, Out of Service, Rev. 08/12 3/09, adopted and incorporated by reference in Rule 5F-2.006, F.A.C., prohibiting the use of the measuring device. Upon conformance with the applicable requirement, the Out of Service tag shall be removed from the measuring device. The documents referenced in this subsection are hereby adopted and incorporated by reference and can be viewed and obtained by visiting http://www.doacs.state.fl.us/onestop/std/petinsp.html.

Rulemaking Authority 525.14, 531.40, 531.41(3), 570.07(23) FS. Law Implemented 525.07, 531.40 FS. History–New 1-1-74, Amended 7-1-74, Repromulgated 12-31-74, Amended 4-18-75, 1-25-76, 1-17-77, 2-15-79, 6-4-80, 4-5-81, 5-2-82, 6-30-83, 7-15-84, 8-11-85, Formerly 5F-2.14, Amended 7-7-86, 4-5-87, 4-27-88, 5-31-89, 8-21-90, 8-5-91, 12-10-92, 11-29-94, 11-13-97, 12-9-98, 8-3-99, 7-31-00, 9-3-01, 8-15-02, 6-29-03, 6-21-04, 6-1-06, 5-6-08, 1-3-10,__________.

 

5F-2.016 Guidelines for Imposing Administrative Penalties.

(1) through (4) No change.

(5) No change.

(a) Aggravating Factors:

1. through 4. No change.

5. The violation existed for more than one month an extended period of time.

6. The violation was repeated within one year a short period of time.

7. through 8. No change.

9. Failure Undue delay in initiating or completing, or failure to take or initiate, affirmative or corrective action within 48 hours after receipt of the stop sale order or within the timeframe specified on a notice of non-compliance for the violation.

10. through 13. No change.

(b) Mitigating Factors:

1. through 9. No change.

10. A statement, in writing, provided to the department declaring clear and unequivocal acceptance of responsibility for a first violation within a three-year period.

(6) through (7) No change.

(8) Penalties.

(a) No change.

1. through 4. No change.

5. Violations of subsection 5F-2.014(3) or (4), F.A.C.

6. Violations of subsection 5F-2.001(6), F.A.C.

7. Gasoline blended with ethanol or butanol found to have an ethanol or butanol content of more than one (1.0) percent by volume below the posted ethanol or butanol content displayed on the dispenser or gasoline found to have less than one (1.0) percent by volume ethanol or butanol that is labeled as containing ethanol or butanol.

8. Diesel fuel blended with biodiesel found to have a biodiesel content of more than two (2.0) percent by volume below the posted biodiesel content displayed on the dispenser.

9.  A mid-level ethanol blend found to have an ethanol content of more than five (5.0) percent by volume below the posted ethanol content displayed on the dispenser or found to have less than the amount of ethanol permitted under paragraph 5F-2.001(1)(c), F.A.C.

(b) Minor Violations. A violation of Chapter 525, F.S., or this rule chapter is a minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. Minor violations shall result in the issuance of a stop sale order, adopted and incorporated by reference in Rule 5F-2.001, F.A.C., or the device removed from service as specified below. If a third violation within a three year period is discovered a $500 penalty shall be issued in accordance with Section 525.16(1)(b), F.S. An additional penalty of $500 shall be issued for each violation discovered thereafter. For the purposes of this rule, the following violations shall be considered minor violations:

1. Violations of subsection 5F-2.001(6), F.A.C.

1.2. Gasoline with an octane rating difference of more than one (1.0), but not more than two (2.0) below the octane rating ((R+M)/2) displayed on the dispenser.

2.3. Gasoline blended with ethanol or butanol found to have an ethanol or butanol content of more than one (1.0) percent by volume, but not more than three (3.0) percent by volume, above or below the posted ethanol or butanol content displayed on the dispenser. No concentration shall be permitted to be less than one (1.0) percent by volume ethanol if the product is labeled as containing ethanol according to the requirements in subsection 5F-2.003(7), F.A.C.

3.4. Gasoline found not in compliance because of a silver corrosion rating of two (2) as incorporated through the adopted version of ASTM International Designation D4814, “Standard Specification for Automotive Spark-Ignition Engine Fuel” in paragraph 5F-2.001(10)(a), F.A.C. set forth in ASTM International Designation D   4814-09b, “Standard Specification for Automotive Spark-Ignition Engine Fuel.”

4.5. Gasoline found not in compliance from June 1 through September 15 because of a vapor pressure of up to and including 11.0 psi as incorporated through the adopted version of ASTM International Designation D4814, “Standard Specification for Automotive Spark-Ignition Engine Fuel” in paragraph 5F-2.001(10)(a), F.A.C. set forth in ASTM International Designation D 4814-09b, “Standard Specification for Automotive Spark-Ignition Engine Fuel.”

5.6. Kerosene found not in compliance by reason of color.

6.7. Diesel fuel oil No. 2-D found not in compliance with the flash point standard, but above 100 °F.

7.8. Diesel fuel oils No. 1-D and No. 2-D found not in compliance with the ultra-low (S15) sulfur standard, but equal to or below 35 ppm sulfur.

8.9. A biodiesel blend found to have a biodiesel content of more than two (2.0) percent by volume, but not more than five (5.0) percent by volume, above or below the posted biodiesel content displayed on the dispenser.

9.10. A biodiesel blend (with No. 2-D diesel fuel oil) found not in compliance with the flash point standard, but above 100° F.

10.11. Biodiesel and biodiesel blends found not in compliance with the ultra-low (S15) sulfur standard, but equal to or below 35 ppm sulfur.

11.12. Violations of paragraph 5F-2.003(6)(b) 5F-2.003(7)(b), F.A.C.

12.13. The following violations shall result in the removal of affected equipment from service.

a. through v. No change.

(c) Major Violations. A violation of a Chapter 525, F.S., or this rule chapter is a major violation if it results in economic or physical harm to a person or adversely affects the public health, safety, or welfare or creates a significant threat of such harm. Major violations shall result in prohibiting the sale, distribution, offering for sale or distribution of the substandard product the issuance of a stop sale order and imposition of an administrative fine of $500 per violation, for first-time offenders of Chapter 525, F.S., and/or Rule Chapter 5F-2, F.A.C., within a three-year period. An additional $500 fine shall be imposed for each subsequent violation within the three-year period, not to exceed the statutory maximum of $5,000 and $2,500 per violation, for second-time or repeat offenders of Chapter 525, F.S., and/or Rule Chapter 5F-2, F.A.C., and as outlined in Section 525.16(1)(b), F.S. Aggravating factors, as defined in paragraph (5)(a) of this section, shall warrant the adjustment of the fine upward from $250 to $2,500 per violation per aggravating factor and mitigating factors, as defined in paragraph (5)(b) of this section, shall warrant the adjustment of the fine downward from $250 to $2,500 per violation per mitigating factor, but no fine shall exceed the statutory maxima as outlined in Section 525.16(1)(a), F.S. Violations consisting of water, sediment, and/or suspended matter in petroleum fuel shall be issued a $500 penalty for the first and any subsequent violation. For the purposes of this rule, the following violations shall be considered major violations:

1. Failure to meet the volatility requirements for gasoline blended with ethanol as specified in subparagraph Rule 5F-2.001(1)(a)1. or 2., or 3., F.A.C.

2. through 3. No change.

4. Violations of paragraph Rules 5F-2.001(1)(c), (d), or (e), F.A.C.

5. Failure to match the posted ethanol or butanol content for gasoline blended with ethanol or butanol; specifically, when the ethanol or butanol content is found to be more than three (3.0) percent by volume above from the posted ethanol or butanol content (percentage by volume).

6. through 9. No change.

10. Failure to match the posted biodiesel content for biodiesel blends (with diesel fuels or fuel oils); specifically, when the biodiesel content is found to be more than five (5.0) percent by volume above from the posted biodiesel content (percentage by volume).

11. No change.

12. Failure to meet any other requirements listed in the standards for gasoline (including gasoline blended with oxygenates), as incorporated through the adopted version of ASTM International Designation D4814, “Standard Specification for Automotive Spark-Ignition Engine Fuel” D 4814 in paragraph Rule 5F-2.001(1)(a), F.A.C., not already listed is this section.

13. Failure to meet any other requirements listed in the standards for kerosene (kerosine), as incorporated through the adopted version of ASTM International Designation D3699, “Standard Specification for Kerosine” D 3699 in paragraph Rule 5F-2.001(2)(a), F.A.C., not already listed in this section.

14. Failure to meet any other requirements listed in the standards for diesel fuel oils No. 1-D and No. 2-D, as incorporated through the adopted version of ASTM International Designation D975, “Standard Specification for Diesel Fuel Oils” D 975 in paragraph Rule 5F-2.001(3)(a), F.A.C., not already listed in this section.

15. Failure to meet any other requirements listed in the standards for fuel oils No. 1 and No. 2, as incorporated through the adopted version of ASTM International Designation D396, “Standard Specification for Fuel Oils” D 396 in paragraph Rule 5F-2.001(4)(a), F.A.C., not already listed in this section.

16. Failure to meet any requirements listed in the standards for denatured fuel ethanol, as incorporated through the adopted version of ASTM International Designation D4806, “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel” D 4806 in subparagraph Rule 5F-2.001(5)(a)1., F.A.C.

17. Failure to meet any other requirements listed in the standards for Ethanol Fuel Blends (51 to 83 volume percent ethanol) E85 Fuel Ethanol, as incorporated through the adopted version of ASTM International Designation D5798, “Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines” D 5798 in sub-subparagraph Rule 5F-2.001(5)(c)1.a., F.A.C., not already listed in this section.

18. Failure to meet any other requirements listed in the standards for M85 Fuel Methanol, as incorporated through the adopted version of ASTM International Designation D5797, “Standard Specification for Fuel Methanol (M70-M85) for Automotive Spark-Ignition Engines” D 5797 in subparagraph 5F-2.001(5)(b)1., F.A.C., Rule 5F-2.001(5)(c)2.a., F.A.C., not already listed in this section.

19. Failure to meet any requirements listed in the standards for biodiesel fuel blend stock (or biodiesel), as incorporated through the adopted version of ASTM International Designation D6751, “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels” D 6751 in sub-subparagraph Rule 5F-2.001(5)(d)1.a., F.A.C.

20. Failure to meet any other requirements listed in the standards for biodiesel blends (with diesel fuel), as incorporated through the adopted version of ASTM International Designation D7467, “Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20)” D 7467 in sub-subparagraph Rule 5F-2.001(5)(d)2.a, F.A.C., not already listed in this section.

21. Failure to meet any other requirements listed in the standards for biodiesel blends (with fuel oil), as incorporated through the adopted version of ASTM International Designation D396, “Standard Specification for Fuel Oils” D 396 in sub-subparagraph Rule 5F-2.001(5)(d)2.c.b., F.A.C., not already listed in this section.

22. Failure to meet any other requirements listed in the standards for mid-level ethanol blends, as incorporated through the adopted version of ASTM International Designation D7794, “Standard Practice for Blending Mid-Level Ethanol Fuel Blends for Flexible-Fuel Vehicles with Automotive Spark-Ignition Engines” in subparagraph 5F-2.001(5)(c)2., F.A.C., not already listed in this section.

23. Failure to match the posted ethanol content for mid-level blends; specifically, when the ethanol content is found to be more than five (5.0) percent by volume above the posted ethanol content (percentage by volume).

24. Violations of Rule 5F-2.018, F.A.C.

25.22. Violations of paragraph 5F-2.003(6)(a) 5F-2.003(7)(a), F.A.C.

26. Violations of subsection 5F-2.003(7), F.A.C.

27. Violations of subsection 5F-2.003(10), F.A.C.

28.23. Violations of subsection 5F-2.005(5), F.A.C.

29.24. Violations of subsection 5F-2.014(2), F.A.C.

30.25. Failure to correct violations of law, rule, or adopted sections of NIST Handbook 44, as adopted in Rule 5F-5.001, F.A.C., or NIST Handbook 130 (pertaining to petroleum measuring devices, as adopted in Rule 5F-7.005, F.A.C.) within the time period specified in a notice of non-compliance. Any device affected by a correction notice issued pursuant to this rule chapter that is not corrected within the time period specified shall be removed from service until such time that the deficiency has been corrected.

31. Failure to meet any requirements listed in the standards for butanol, as incorporated through the adopted version of ASTM International Designation D7862, “Standard Specification for Butanol for Blending with Gasoline for Use as Automotive Spark-Ignition Engine Fuel” in subparagraph 5F-2.001(5)(e)1., F.A.C.

(d) Willful Violations. Any willful and intentional violation of Chapter 525, F.S., or this rule chapter or of any requirement or standard adopted pursuant thereto, shall result in the imposition of an administrative fine of up to $5,000 per violation. Willful violations shall include, but are not limited to, the following:

1. The unauthorized breaking, cutting, or removal of any seal applied by the department; Failure to comply with either a Final Order or a Default Final Order of the department. Any willful and intentional violation of Chapter 525, F.S., or this rule chapter or of any requirement or standard adopted pursuant thereto, not otherwise included in this section shall result in the imposition of an administrative fine of up to $5,000 per violation.

2. The sale or distribution, or offering for sale or distribution, of any petroleum fuel under stop sale order; Any willful and intentional violation of a stop sale order; the conditions stipulated on a release; or a notice of noncompliance.

3. The sale or distribution, or offering for sale or distribution, of any petroleum fuel that was previously placed under a stop sale order and that has not been made to conform to standard;

4. Violations which result from a failure to comply with a Final Order, a notice of non-compliance, a stop sale order, or any condition stipulated on a release of a stop sale order.

(9) No change.

Rulemaking Authority 525.14, 531.41, 570.07(23) FS. Law Implemented 525.16 FS. History–New 2-24-00, Amended 7-30-02, 6-1-06, 5-6-08, 1-3-10,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Matthew D. Curran, Ph.D., Chief, Bureau of Standards

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 16, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 22, 2013