IC 16-44-3
    Chapter 3. Inspection, Labeling, and Registration of Motor Fueland Motor Fuel Outlets

IC 16-44-3-1
Accuracy of octane labeling; program
    Sec. 1. To ensure uniformity among the requirements for motorfuels in Indiana, this chapter establishes a program to assure theaccuracy of the octane labeling of motor fuels.
As added by P.L.2-1993, SEC.27.

IC 16-44-3-1.5
Outlets selling aviation fuels only; applicability of chapter
    Sec. 1.5. This chapter does not apply to motor fuel outlets whereonly aviation fuels are distributed or sold.
As added by P.L.177-1993, SEC.18.

IC 16-44-3-2
"Motor fuel" defined
    Sec. 2. As used in this chapter, "motor fuel" means gasoline orgasoline-oxygenate blends suitable for use as a fuel in a motorvehicle.
As added by P.L.2-1993, SEC.27.

IC 16-44-3-3
"Motor fuel outlet" defined
    Sec. 3. As used in this chapter, "motor fuel outlet" means alocation where motor fuel is sold at retail to the public.
As added by P.L.2-1993, SEC.27.

IC 16-44-3-4
Enforcement and administration of chapter
    Sec. 4. The state department shall enforce and administer thischapter.
As added by P.L.2-1993, SEC.27.

IC 16-44-3-5
Inspections; rules and regulations
    Sec. 5. (a) The state department shall establish a motor fuelinspection program that provides for the:
        (1) inspection; and
        (2) analysis;
of octane levels of motor fuels sold at motor fuel outlets.
    (b) The state department shall adopt rules under IC 4-22-2 to usethe test standards and tolerances set forth in the Annual Book ofASTM Standards and Supplements, except as amended or modifiedby the state department.
As added by P.L.2-1993, SEC.27.

IC 16-44-3-6 Adoption of rules
    Sec. 6. The state department may adopt rules under IC 4-22-2 toimplement this chapter.
As added by P.L.2-1993, SEC.27.

IC 16-44-3-7
Inspection program; powers of department
    Sec. 7. In establishing the inspection program, the statedepartment shall collect samples of motor fuel on a random basis fortesting and analysis. The state department may do the following:
        (1) Obtain access to motor fuel outlets during normal businesshours for the following purposes:
            (A) Examination.
            (B) Inspection.
            (C) Investigation.
        (2) Issue a stop sale order for violation of this chapter or for amotor fuel found not to be in compliance with the standards setforth in this chapter.
        (3) Rescind a stop sale order under subdivision (2) if the motorfuel is brought into full compliance with this chapter.
        (4) Refuse to issue, revoke, or suspend the registration of amotor fuel that is not in full compliance with this chapter.
As added by P.L.2-1993, SEC.27.

IC 16-44-3-8
Motor fuel sellers; registration
    Sec. 8. (a) A person who sells a motor fuel at a motor fuel outletshall do the following:
        (1) Separately register each motor fuel outlet with the statedepartment.
        (2) Pay the registration fee set under section 9 of this chapter.
    (b) The registration required under subsection (a) must include thefollowing:
        (1) The name and address of the principal business address ofthe person registering the motor fuel.
        (2) The name and address of the motor fuel outlet where themotor fuel is sold.
        (3) The name, brand, or trademark and the antiknock motor fuelto be marketed at the motor fuel outlet.
As added by P.L.2-1993, SEC.27.

IC 16-44-3-9
Motor fuel outlets; registration and penalty fees
    Sec. 9. (a) The state department shall collect an annualregistration fee of fifty dollars ($50) for each motor fuel outletregistered under this chapter.
    (b) In addition to the fee in subsection (a), a penalty fee of fiftydollars ($50) may be imposed by the state department for anapplication for registration renewal filed after the previousregistration has expired. The state department may waive the penalty

fee for a showing of good cause.
As added by P.L.2-1993, SEC.27. Amended by P.L.168-2003, SEC.4.

IC 16-44-3-10
Motor fuel inspection fund
    Sec. 10. (a) The motor fuel inspection fund is established for thepurpose of facilitating compliance with and enforcement of thischapter. The state department shall administer the fund.
    (b) The fund consists of the fees collected under section 9 of thischapter.
    (c) The expenses of administering the fund shall be paid from themoney in the fund.
    (d) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public funds may be invested. Interest that accruesfrom these investments shall be deposited in the fund.
    (e) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
As added by P.L.2-1993, SEC.27.

IC 16-44-3-11
Violation of chapter
    Sec. 11. A person violates this chapter if the person does any ofthe following:
        (1) Markets a motor fuel without properly labeling the octanenumber (antiknock index) of the motor fuel in conformancewith the octane posting requirements contained in 16 CFR Part306 and issued under the Petroleum Marketing Practices Act of1978 (15 U.S.C. 2801).
        (2) Submits:
            (A) incorrect;
            (B) misleading; or
            (C) false information;
        regarding the registration of a motor fuel or a motor fuel outlet.
        (3) Hinders or obstructs the state department in the enforcementof this chapter.
        (4) Markets a motor fuel that is not in compliance with thischapter.
        (5) Markets a motor fuel at an outlet that is not registered by theperson under this chapter.
As added by P.L.2-1993, SEC.27.