ORS 646.913
Limitations on gasoline sales

  • requirements for ethanol content in gasoline
  • rules

(1)

Except as provided in subsection (4) of this section, a wholesale dealer, retail dealer or nonretail dealer may not sell gasoline or offer gasoline for sale unless the gasoline contains at least 10 percent denatured fuel ethanol by volume. Gasoline that contains anhydrous ethanol in concentrations of at least 9.2 percent by volume complies with the requirement set forth in this subsection.

(2)

The State Department of Agriculture shall adopt standards for gasoline blended with ethanol that is sold in this state. The standards that the department adopts shall require that the gasoline blended with ethanol:

(a)

Contains ethanol that is derived from agricultural or woody waste or residue;

(b)

Complies with the volatility requirements specified in 40 C.F.R. part 80;

(c)

Complies with ASTM International specification D 4814, Standard Specification for Automotive Spark-Ignition Engine Fuel;

(d)

Is not blended with casinghead gasoline, absorption gasoline, drip gasoline or natural gasoline after the gasoline has been sold, transferred or otherwise removed from a refinery or terminal; and

(e)

Contains denatured fuel ethanol that complies with ASTM International specification D 4806, Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel.

(3)

The department may review specifications adopted by ASTM International, or equivalent organizations, and federal regulations and revise the standards adopted under this section as necessary.

(4)

A wholesale dealer, retail dealer or nonretail dealer may sell or offer for sale gasoline that is not blended with ethanol if the gasoline has an octane rating, as defined in ORS 646.945 (Definitions for ORS 646.947 to 646.963), of 91 or above or if the gasoline is for use in:

(a)

An aircraft:

(A)

With a supplemental type certificate approved by the Federal Aviation Administration that allows the aircraft to use gasoline that is intended for use in motor vehicles; or

(B)

Issued a type certificate by an aircraft engine manufacturer that allows the aircraft to use gasoline that is intended for use in motor vehicles;

(b)

An aircraft that has been issued an experimental certificate, as described in 14 C.F.R. 21.191, by the Federal Aviation Administration and for which the manufacturer’s specifications require the use of gasoline that is intended for use in motor vehicles;

(c)

A light-sport aircraft, as defined in 14 C.F.R. 1.1, for which the manufacturer’s specifications require the use of gasoline that is intended for use in motor vehicles;

(d)

A vintage aircraft, as defined by the Oregon Department of Aviation by rule, for which the manufacturer’s specifications require the use of gasoline that is intended for use in motor vehicles;

(e)

An antique vehicle, as defined in ORS 801.125 (“Antique vehicle.”);

(f)

A Class I all-terrain vehicle, as defined in ORS 801.190 (“Class I all-terrain vehicle.”);

(g)

A Class III all-terrain vehicle, as defined in ORS 801.194 (“Class III all-terrain vehicle” and “Class IV all-terrain vehicle.”);

(h)

A Class IV all-terrain vehicle, as defined in ORS 801.194 (“Class III all-terrain vehicle” and “Class IV all-terrain vehicle.”) (2);

(i)

A racing activity vehicle, as defined in ORS 801.404 (“Racing activity vehicle.”);

(j)

A snowmobile, as defined in ORS 801.490 (“Snowmobile.”);

(k)

Tools, including but not limited to lawn mowers, leaf blowers and chain saws; or

(L)

A watercraft. [2007 c.739 §18; 2008 c.44 §4; 2009 c.786 §1; 2011 c.360 §11; 2017 c.141 §2; 2021 c.368 §1]

Source: Section 646.913 — Limitations on gasoline sales; requirements for ethanol content in gasoline; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html.

646.010
Designation and scope of ORS 646.010 to 646.180
646.020
Definitions and explanations
646.030
Application to cooperative associations
646.040
Price discrimination prohibited
646.050
Establishing prima facie case of discrimination
646.060
Commissions and allowances
646.070
Special payments to customers
646.080
Special services to customers
646.090
Inducing or receiving price discrimination prohibited
646.130
Cost surveys as evidence
646.140
Enjoining violations
646.150
Action for damages
646.160
Presumption of damages
646.170
Requiring defendant to testify
646.180
Illegal contracts
646.461
Definitions for ORS 646.461 to 646.475
646.463
Enjoining misappropriation
646.465
Damages for misappropriation
646.467
Attorney fees
646.469
Preservation of trade secret by court
646.471
Limitation on commencement of action
646.473
Conflicting tort, restitution or other law providing civil remedies
646.475
Application and construction of ORS 646.461 to 646.475
646.515
Definitions for ORS 646.515 to 646.545
646.525
Cooperative bargaining associations authorized
646.535
Unfair trade practices prohibited
646.545
Remedy for unfair trade practices
646.551
Definitions for ORS 646.551 to 646.557
646.553
Registration of telephonic sellers
646.555
Burden of proof for person claiming exemption
646.557
Required disclosures by telephonic seller
646.559
Rules
646.561
Definitions for ORS 646.561 to 646.565
646.563
Telephone solicitation of party who states desire not to be called
646.565
Notice of provisions of ORS 646.561 and 646.563
646.567
Definitions for ORS 646.567 to 646.578
646.568
Findings and purpose
646.569
Prohibition on telephone solicitation of party whose name is included on list described in ORS 646.574 or on federal registry designated under ORS 646.572
646.572
Administration of telephone solicitation program through contract or by designation of federal registry
646.574
List of persons who do not wish to receive telephone solicitations
646.576
Rules
646.578
Notice of provisions of ORS 646.567 to 646.578
646.605
Definitions for ORS 336.184 and 646.605 to 646.652
646.607
Unlawful business, trade practices
646.608
Additional unlawful business, trade practices
646.609
“Pyramid club” and “investment” defined
646.611
Information required to be given by telephone or door to door seller to potential customer
646.612
Application of ORS 646.607 and 646.608
646.618
Investigative demand
646.622
Method of serving investigative demand
646.626
Effect of failure to obey investigative demand
646.632
Enjoining unlawful trade practices
646.633
Action by prosecuting attorney prohibited without request of Director of Department of Consumer and Business Services
646.636
Remedial power of court
646.638
Civil action by private party
646.639
Unlawful collection practices
646.641
Civil action for unlawful collection practice
646.642
Civil penalties
646.643
Applicability of ORS 646.639
646.644
Free offer
646.646
Loss of license or franchise by person violating injunction
646.647
Unlawful use of recording group name
646.648
Unlawful practice by manufactured dwelling dealer
646.652
District attorney’s reports to Attorney General
646.656
Remedies supplementary to existing statutory or common law remedies
646.705
Definitions for ORS 136.617 and 646.705 to 646.805
646.715
Declaration of purpose
646.725
Prohibited acts
646.730
Monopolies prohibited
646.735
Exemption for coordinated care organizations
646.736
Public policy
646.737
Exemption for negotiations governing sale price of Oregon blackberries
646.738
Exemption for negotiations governing price for sale of grass seed
646.739
Exemption for negotiations governing season starting price for sale of Oregon seafood
646.740
Permitted activities
646.745
Joint operation of Memorial Coliseum and Arena in Portland
646.750
Investigative demand by Attorney General
646.760
Civil penalties
646.770
Equitable remedies
646.775
Actions by Attorney General
646.780
Recovery of treble damages
646.790
Venue
646.800
Time of commencing action
646.805
Effect of prior final judgment or decree
646.815
Criminal prosecutions
646.821
Taking testimony for investigative demand
646.823
Attendance of Attorney General at grand jury proceedings
646.826
Counsel for persons testifying
646.831
Fees and mileage for persons testifying
646.836
Confidential status of investigative material
646.881
Definitions for ORS 646.881 to 646.885
646.883
Price comparison in advertisement prohibited
646.885
Use of terms in advertisement containing price comparison
646.905
Definitions for ORS 646.910 to 646.923
646.910
Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements
646.911
Sale of gasoline with oxygenate other than ethanol
646.913
Limitations on gasoline sales
646.915
Requirement to display on fuel dispensing devices names and concentrations of oxygenates in certain blended gasolines
646.920
Wholesale dealer
646.922
Limitations on sale of diesel fuel
646.923
Retention of certificate of analysis
646.925
Enforcement
646.930
Motor vehicle fuel prices
646.932
Requirement to post amount per gallon of gasoline that is federal, state and local tax
646.935
Diesel fuel sales
646.945
Definitions for ORS 646.947 to 646.963
646.947
Prohibited activities
646.949
Signs identifying octane rating
646.951
Testing of motor vehicle fuel
646.953
Orders of Director of Agriculture
646.955
Records required
646.957
Rules
646.959
Annual fee for metering instrument or device
646.961
Motor Vehicle Fuel Inspection Program Account
646.963
Civil penalties
646.990
Penalties
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