IC 16-44-3
Chapter 3. Inspection, Labeling, and Registration of Motor Fuel
and Motor Fuel Outlets
IC 16-44-3-1 Accuracy of octane labeling; program
Sec. 1. To ensure uniformity among the requirements for motor
fuels in Indiana, this chapter establishes a program to assure the
accuracy 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 where
only 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 or
gasoline-oxygenate blends suitable for use as a fuel in a motor
vehicle. 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 a
location 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 this
chapter. 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 fuel
inspection 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 use
the test standards and tolerances set forth in the Annual Book of
ASTM Standards and Supplements, except as amended or modified
by 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 to
implement 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 state
department shall collect samples of motor fuel on a random basis for
testing and analysis. The state department may do the following:
(1) Obtain access to motor fuel outlets during normal business
hours for the following purposes:
(A) Examination.
(B) Inspection.
(C) Investigation.
(2) Issue a stop sale order for violation of this chapter or for a
motor fuel found not to be in compliance with the standards set
forth in this chapter.
(3) Rescind a stop sale order under subdivision (2) if the motor
fuel is brought into full compliance with this chapter.
(4) Refuse to issue, revoke, or suspend the registration of a
motor 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 outlet
shall do the following:
(1) Separately register each motor fuel outlet with the state
department.
(2) Pay the registration fee set under section 9 of this chapter.
(b) The registration required under subsection (a) must include the
following:
(1) The name and address of the principal business address of
the person registering the motor fuel.
(2) The name and address of the motor fuel outlet where the
motor fuel is sold.
(3) The name, brand, or trademark and the antiknock motor fuel
to 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 annual
registration fee of fifty dollars ($50) for each motor fuel outlet
registered under this chapter.
(b) In addition to the fee in subsection (a), a penalty fee of fifty
dollars ($50) may be imposed by the state department for an
application for registration renewal filed after the previous
registration 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 the
purpose of facilitating compliance with and enforcement of this
chapter. The state department shall administer the fund.
(b) The fund consists of the fees collected under section 9 of this
chapter.
(c) The expenses of administering the fund shall be paid from the
money in the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert 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 of
the following:
(1) Markets a motor fuel without properly labeling the octane
number (antiknock index) of the motor fuel in conformance
with the octane posting requirements contained in 16 CFR Part
306 and issued under the Petroleum Marketing Practices Act of
1978 (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 enforcement
of this chapter.
(4) Markets a motor fuel that is not in compliance with this
chapter.
(5) Markets a motor fuel at an outlet that is not registered by the
person under this chapter. As added by P.L.2-1993, SEC.27.
IC 16-44-3
Chapter 3. Inspection, Labeling, and Registration of Motor Fuel
and Motor Fuel Outlets
IC 16-44-3-1 Accuracy of octane labeling; program
Sec. 1. To ensure uniformity among the requirements for motor
fuels in Indiana, this chapter establishes a program to assure the
accuracy 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 where
only 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 or
gasoline-oxygenate blends suitable for use as a fuel in a motor
vehicle. 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 a
location 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 this
chapter. 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 fuel
inspection 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 use
the test standards and tolerances set forth in the Annual Book of
ASTM Standards and Supplements, except as amended or modified
by 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 to
implement 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 state
department shall collect samples of motor fuel on a random basis for
testing and analysis. The state department may do the following:
(1) Obtain access to motor fuel outlets during normal business
hours for the following purposes:
(A) Examination.
(B) Inspection.
(C) Investigation.
(2) Issue a stop sale order for violation of this chapter or for a
motor fuel found not to be in compliance with the standards set
forth in this chapter.
(3) Rescind a stop sale order under subdivision (2) if the motor
fuel is brought into full compliance with this chapter.
(4) Refuse to issue, revoke, or suspend the registration of a
motor 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 outlet
shall do the following:
(1) Separately register each motor fuel outlet with the state
department.
(2) Pay the registration fee set under section 9 of this chapter.
(b) The registration required under subsection (a) must include the
following:
(1) The name and address of the principal business address of
the person registering the motor fuel.
(2) The name and address of the motor fuel outlet where the
motor fuel is sold.
(3) The name, brand, or trademark and the antiknock motor fuel
to 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 annual
registration fee of fifty dollars ($50) for each motor fuel outlet
registered under this chapter.
(b) In addition to the fee in subsection (a), a penalty fee of fifty
dollars ($50) may be imposed by the state department for an
application for registration renewal filed after the previous
registration 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 the
purpose of facilitating compliance with and enforcement of this
chapter. The state department shall administer the fund.
(b) The fund consists of the fees collected under section 9 of this
chapter.
(c) The expenses of administering the fund shall be paid from the
money in the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert 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 of
the following:
(1) Markets a motor fuel without properly labeling the octane
number (antiknock index) of the motor fuel in conformance
with the octane posting requirements contained in 16 CFR Part
306 and issued under the Petroleum Marketing Practices Act of
1978 (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 enforcement
of this chapter.
(4) Markets a motor fuel that is not in compliance with this
chapter.
(5) Markets a motor fuel at an outlet that is not registered by the
person under this chapter. As added by P.L.2-1993, SEC.27.
IC 16-44-3
Chapter 3. Inspection, Labeling, and Registration of Motor Fuel
and Motor Fuel Outlets
IC 16-44-3-1 Accuracy of octane labeling; program
Sec. 1. To ensure uniformity among the requirements for motor
fuels in Indiana, this chapter establishes a program to assure the
accuracy 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 where
only 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 or
gasoline-oxygenate blends suitable for use as a fuel in a motor
vehicle. 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 a
location 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 this
chapter. 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 fuel
inspection 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 use
the test standards and tolerances set forth in the Annual Book of
ASTM Standards and Supplements, except as amended or modified
by 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 to
implement 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 state
department shall collect samples of motor fuel on a random basis for
testing and analysis. The state department may do the following:
(1) Obtain access to motor fuel outlets during normal business
hours for the following purposes:
(A) Examination.
(B) Inspection.
(C) Investigation.
(2) Issue a stop sale order for violation of this chapter or for a
motor fuel found not to be in compliance with the standards set
forth in this chapter.
(3) Rescind a stop sale order under subdivision (2) if the motor
fuel is brought into full compliance with this chapter.
(4) Refuse to issue, revoke, or suspend the registration of a
motor 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 outlet
shall do the following:
(1) Separately register each motor fuel outlet with the state
department.
(2) Pay the registration fee set under section 9 of this chapter.
(b) The registration required under subsection (a) must include the
following:
(1) The name and address of the principal business address of
the person registering the motor fuel.
(2) The name and address of the motor fuel outlet where the
motor fuel is sold.
(3) The name, brand, or trademark and the antiknock motor fuel
to 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 annual
registration fee of fifty dollars ($50) for each motor fuel outlet
registered under this chapter.
(b) In addition to the fee in subsection (a), a penalty fee of fifty
dollars ($50) may be imposed by the state department for an
application for registration renewal filed after the previous
registration 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 the
purpose of facilitating compliance with and enforcement of this
chapter. The state department shall administer the fund.
(b) The fund consists of the fees collected under section 9 of this
chapter.
(c) The expenses of administering the fund shall be paid from the
money in the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert 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 of
the following:
(1) Markets a motor fuel without properly labeling the octane
number (antiknock index) of the motor fuel in conformance
with the octane posting requirements contained in 16 CFR Part
306 and issued under the Petroleum Marketing Practices Act of
1978 (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 enforcement
of this chapter.
(4) Markets a motor fuel that is not in compliance with this
chapter.
(5) Markets a motor fuel at an outlet that is not registered by the
person under this chapter. As added by P.L.2-1993, SEC.27.
