In addition to the requirements for registration of petroleum products set out in Code of Ala. 1975, §8-17-8, all gasoline must also be registered as follows:

1. (a) All gasoline containing more than one percent ethanol or methanol and so labeled in accordance with Chapter 80-1-16, Ala. Admin. Code, requires a separate product registration from a product under the same brand name that does not contain ethanol or methanol.

   EXAMPLE: The XYZ company sells two products--XYZ premium unleaded and XYZ premium unleaded--contains ethanol.

   This example would require two registrations and the words contains ethanol must also be included in that product identity for registration purposes.

2. (b) All gasoline registrations must also include the octane rating for said product.

   1. 2. The Commissioner, in his discretion, may refuse to permit any name or brand of gasoline where a similar name or brand has already been permitted.
   2. 3. The failure of a name or brand of gasoline to be permitted for two consecutive years will, for the purposes of this rule, be considered an abandonment of said name or brand.
   3. 4. The provisions of this subrule (c) shall not be applicable for any brand or name of gasoline permitted prior to its adoption. Nor shall this subrule (c) be applicable if in conflict with any state or federal laws or rules governing the registration of trade marks or brands. It is the responsibility of the registrant to demonstrate said conflict.

   (c)1. The name or brand of the gasoline required to be registered and permitted under Code of Ala. 1975, §8-17-85(b)(1) above must not be so similar to a gasoline already permitted that the public could be confused or mistaken in purchasing said product.

Author: Charles H. Barnes

Statutory Authority: Code of Ala. 1975, §8-17-81.

History: Filed February 25, 1988. Amended: Filed May 19, 1989.