§486J-10  Ethanol content requirement.  (a) 
The director shall adopt rules in accordance with chapter 91 to require that
gasoline sold in the State for use in motor vehicles contain ten per cent
ethanol by volume.  The amounts of gasoline sold in the State containing ten
per cent ethanol shall be in accordance with rules as the director may deem
appropriate.  The director may authorize the sale of gasoline that does not
meet these requirements as provided in subsection (d).



(b)  Gasoline blended with an ethanol-based
product, such as ethyl tertiary butyl ether, shall be considered to be in
conformance with this section if the quantity of ethanol used in the
manufacture of the ethanol-based product represents ten per cent, by volume, of
the finished motor fuel.



(c)  Ethanol used in the manufacture of
ethanol-based gasoline additives, such as ethyl tertiary butyl ether, may be
considered to contribute to the distributor's conformance with this section;
provided that the total quantity of ethanol used by the distributor is an
amount equal to or greater than the amount of ethanol required under this
section.



(d)  The director may authorize the sale of
gasoline that does not meet the provisions of this section:



(1)  To the extent that sufficient quantities of competitively-priced
ethanol are not available to meet the minimum requirements of this section; or



(2)  In the event of any other circumstances for which
the director determines compliance with this section would cause undue
hardship.



(e)  Each distributor, at reporting dates as
the director may establish, shall file with the director, on forms prescribed,
prepared, and furnished by the director, a certified statement showing:



(1)  The price and amount of ethanol available;



(2)  The amount of ethanol-blended fuel sold by the
distributor;



(3)  The amount of non-ethanol-blended gasoline sold
by the distributor; and



(4)  Any other information the director shall require
for the purposes of compliance with this section.



(f)  Provisions with respect to confidentiality
of information shall be the same as provided in section 486J-6.



(g)  Any distributor or any other person
violating the requirements of this section shall be subject to a fine of not
less than $2 per gallon of nonconforming fuel, up to a maximum of $10,000 per
infraction.



(h)  The director, in accordance with chapter
91, shall adopt rules for the administration and enforcement of this section.
[L 1997, c 257, pt of §2; am L 2002, c 77, §4; am L 2006, c 78, §12]