A notice stating: “DYED DIESEL FUEL, NON-HIGHWAY USE ONLY, PENALTY FOR HIGHWAY USE” or a similar phrase that clearly indicates that the diesel fuel is not to be used to operate a highway vehicle shall be provided or posted in all of the following circumstances:
- (1) By the terminal operator to a person who receives dyed diesel fuel at a terminal rack of that terminal operator.
- (2) By a seller of dyed diesel fuel to its buyer if the diesel fuel is located outside the bulk transfer/terminal system and is not sold from a retail pump or bulk plant posted in accordance with the requirements of this section.
- (3) By a seller on a retail pump or bulk plant where it sells dyed diesel fuel for use by its buyer.
- (4) By the time of the removal or sale appears on shipping documents, bills of lading, and invoices accompanying the sale or removal of the dyed diesel fuel.
(Act 2011-565, p. 1084, §37.)