1. (1) As used in this rule, "Liquid Fuel" means any predominately hydrocarbon compound or mixture for use as engine or heating fuel that exists as a noncorrosive liquid at atmospheric pressure, including, but not limited to, gasoline, tractor fuel, kerosene, jet fuel, diesel, and heating oil.

2. (2) Method of Sale.

   1. (a) Liquid fuel shall be sold by weight or liquid measure determined from legal devices as provided in ORS 618.121 and 618.141. Use of tank gaging methods that include sticks, rods, markers, or other volume-measuring elements not permanently attached or sealed to such tanks is prohibited for purposes of product sale or transfer of ownership for tanks or tank compartments with capacities of 10,500 gallons (250 Bbl.) or less.
   2. (b) The use of automatic temperature compensation with vehicle tank meter systems is prohibited.

3. (3) Declaration of Quantity: Liquid Measure. Quantity declarations or representations in terms of liquid measure shall for wholesale transactions or deliveries indicate the volume occupied by the products at 60°F consistent with Petroleum Measurement Tables (ASTM D-1250-80) (1990) (API MPMS Ch.11.1) published by the American Society for Testing Materials, unless the measuring device and any associated bill of lading, delivery ticket, or invoice are clearly marked to indicate that:

   1. (a) The volume is based on a specified product temperature other than 60°F; or
   2. (b) The quantity declaration or representation is "not corrected to 60°F," or is otherwise qualified by language of similar import.

4. (4) Advertising and Computing Unit Price. Whenever a liquid fuel is sold at retail by means of a computing-type device and a unit price for such fuel is advertised, posted, or displayed by the seller, the unit price at which the device is (or devices are, if more than one dispense such brand, blend, or mixture) set to compute at, shall coincide exactly with the advertised, posted, or displayed unit price for such fuel.

   [Publications: Publications referenced are available from the agency.]

Statutory/Other Authority

ORS 618

Statutes/Other Implemented

ORS 618.016, 618.031, 618.051, 618.066, 618.076, 618.096, 618.151, 618.206 & 618.241

History

DOA 19-2010, f. & cert. ef. 9-14-10
AD 8-1990, f. & cert. ef. 4-5-90
AD 1012(2-74), f. 1-10-74, ef. 2-11-74