Advertising and Sale of Motor Fuel and Lubricating Oil at Retail

Every advertisement and sale of motor fuel and lubricating oil at retail shall be in full compliance with 202 CMR 2.06 on or before January 1, 2010. (1) The Display of Price Advertising Signs. Each pump or other dispensing device, including computing pumps, from which motor fuel is sold at retail shall have attached or affixed atop the dispenser at least one sign for each grade being dispensed therefrom of weatherproof material in a plain and conspicuous position showing the price per gallon of motor fuel sold therefrom. Each face of said sign shall be deemed one sign. In addition, if a discount is offered for cash sales the words “cash” shall be included in the applicable portion of the sign. When“cash”sales and other types of sales are made from the same dispenser both prices shall be posted and clearly labeled with the type of sale the price refers, i.e. “cash”, “credit”, “credit/debit” or the condition of sale required for the non-cash price posted in print no smaller than ¾ of an inch in height. (a) The prices shown shall be the unit price per gallon, which price shall include all taxes imposed, both federal and state. (b) Each and all of the letters, figures or numerals of such sign shall be plainly legible, and shall be of the same type and design. All printed signs shall be black lettering and figures imposed on a white background or white lettering and figures imposed on a black background. Electronic signs shall be of contrasting colors between the lettering and the background, shall include no wording or figures other than those required by 202 CMR 2.06(1) and (2), and said lettering and figures shall be clearly visible both day and night. (c) All figures or numerals on each sign shall be at least four inches high and all lines or marks used in the making of such figures or numerals shall be at least c-inch in width and the over-all height of any figure or numeral, except the figure one, shall not be greater than three times the over-all widthofsuch figure or numeral. Minimum size of the sign including the frame must be no less than eight inches in height and ten inches in length. (d) If a fraction of a cent is a part of the price per gallon and it is expressed as a common fraction with numerator and denominator, the totalheight of such fraction shall be equal to that of a whole number used on such sign, and the numerator and denominator shall be of equal sizes in relation to each other. If dollar and decimal places are used to indicate the price per gallon all numerals shall be of the same size. Said sign or signs shall be placed in a plain and conspicuous position so as to be easily visible from any position a customer may reasonably be expected to assume. If service of motor fuel may be made frommore thanone side of such dispensing device, signs shall be placed so as to be visible fromboth service sides of such device. (2) The Display of Price Advertising Signs Applicable to Multi Grade Dispensers and Blending Dispensers Only. In addition to 202 CMR 2.06(1), the following shall apply to multi grade and blending dispensers only. Each multi grade and blending dispenser shall display individual unit price designations for all grades, blends or mixtures sold through the delivery outlet, which when placed atop the dispenser said price designations shall be placed in line with the unit price pump indications and the pump grade dispenser selectors on the dispenser(s). Ifthe price cannot be placed atop the dispenser, said sign(s) shall be affixed to the dispenser in a plain and conspicuous position so as to be readily visible from any position a customer may reasonably be expected to assume. However, any sign installed other than atop the dispenser will be ordered to be installed atop the dispenser if the deputy director determines there is sufficient space to install the sign(s) atop the dispenser. If such a determination is made, the retailer will be granted 30 days from the date of such determination to comply with the order to relocate the sign(s) atop the dispenser. In addition, price signs displayed on multi grade and blend dispensers dispensing more than three grades or blends shall plainly and conspicuously identify the grade, blend or mixture in letters a minimum of two inches in height. Further, the grade(s) of fuel advertised andpostedon the dispenser(s) for the lowest and highest octane fuel shall be the grade of fuel for the lowest octane and highest octane fuels being dispensed as indicated on the wholesale delivery invoice. If the delivery invoice fails to indicate the grade of fuel then the lowest octane fuel shall be labeled “regular.” (3) Street Signs and Non Dispenser Display Advertising of Prices. Any signother than those required to be posted on the dispenser(s) referring to the price of fuel shall be the total price including all taxes, shallstate the grade to which the price refers and if a condition of sale is required to receive the price advertised then the condition of sale must be clearly stated on the sign in close proximity to the price inprint size no smaller than ¼th the size of the advertised price. If the same grade offuelis advertised at more than one price, then the same name for that grade of fuel and no other must be used. If the word unleaded is used in the advertisement, the grade of fuel to which the price refers must also be stated in the advertisement next to the word unleaded. If a fractionofa cent is a part of the price per gallon and it is expressed as a common fraction with numerator and denominator or decimal, the total height of such numerator or decimal shall be no less than a of the size of a whole number used on such sign. (4) Records to be Kept. (a) A Sales Record shall show the total quantity of each grade of motor fuel and lubricating oil sold each day. Supporting records of meter readings must be kept for each dispenser. (b) A Purchase Record shall show the total quantity of each grade of motor fuel and the total quantity of lubricating oil purchased. Documentary evidence must be kept, such as invoices, delivery tickets, or monthly statements on the purchases of motor fuel and of lubricating oil. (5) Marking by Brands. (a) All above-ground equipment for storing or dispensing motor fuel or lubricating oil operated by a retail dealer shall bear in a conspicuous place the brand name or trade mark of the product stored therein or sold or dispensed therefrom. If such motor fuel or lubricating oil has no brand name or trade mark, the container or dispensing equipment must be plainly and conspicuously marked with the words "No Brand". (b) When lubricating oil is dispensed from glass bottles or jars contained in a rack or carrier, it will be sufficient to mark such carrier or rack plainly or conspicuously with the brand name or trade mark of the manufacturer of the product. If there is no brand name or trade mark, suchcarrier or rack shall be plainly and conspicuously marked "No Brand." No glass bottles or jars, other than as indicated by the markings on the carrier or rack, shall be commingled with or placed in such carriers or racks. (c) When lubricating oil is dispensed from hand measures, such measures need not be marked, provided they are filled in the presence of the customer from a container or dispenser which is marked as required in 202 CMR 2.06(5)(a) or (b). (d) The marking described in 202 CMR 2.06(5) shall be readily visible to and readable from any position a customer may reasonably be expected to assume. (e) Delivery fill boxes of motor fuel tanks shall be plainly marked as to the grade of motor fuel contained therein. (6) Display of Alcohol Content Signs. Each pump or other dispensing device, including computing pumps, from which motor fuel, blended or mixed with more thanone percent alcohol is sold at retail, shall have affixed thereon in a plain and conspicuous position, one sign made of waterproof material showing the ethanol, methanol and coslvent content of the motor fuel being dispensed. Such sign shall look like the illustration appearing at the end of 202 CMR 2.06. (a) Such signs shall be as follows: 1. Layout. The signs shall be five inches wide by six inches long with a c black border. 2. Type Size. Block letters and numerals shall be used on the signs. The words "ALCOHOL CONTENT" shall be in letters ½ inch high and d inch wide. All other letters and numerals shall be at least ¼ inch high and c inch wide. 3. Colors. Such signs shall be in black print on a yellow background. Both colors shall be non-fade. (b) For the purpose of 202 CMR 2.06(6): Co-solvent means an alcohol or anyother chemicalwithhigher molecular weight than ethanol or methanol which is blended or mixed with either or both to prevent phase separation in gasoline. Ethanol means ethyl alcohol, a flammable liquid having the formula C H CH, blended or mixed with gasoline for use in motor vehicles and commonly or commercially sold as ethanol or ethyl alcohol. Methanol means methyl alcohol, a flammable liquid having the formula CH OH, blended or mixed with gasoline for use in motor vehicles and commonly or commercially known or sold as methanol or methyl alcohol. ALCOHOL CONTENT MAX. % BY VOLUME ETHANOL % METHANOL % ALCOHOL CO-SOLVENT % (7) Biodiesel/Biomass and Biodiesel/Biomass Blends Pump Labeling Requirements. (a) Biodiesel means the monoalkyl esters of long chain fatty acids derived from plant or animal matter that meet: 1. the registration requirements for fuels and additives under 40 CFR part 79; and 2. the requirements of the American Society for Testing and Materials standard D6751 Standard Specification for Biodiesel Blend Stock (B100 for Middle Distillate Fuels). (b) Biomass–based diesel fuel means a diesel fuel substitute produced from nonpetroleum renewable resourcesthat meets the registration requirements for fuels and fuel additivesestablished by the Environmental Protection Agency under 42 U.S.C. 7545, and includes fuel derived from animal wastes, including poultry fats and poultry wastes, and other waste materials, or from municipal solid waste and sludges and oils derived from wastewater and the treatment of wastewater but not biodiesel as defined in 202 CMR 2.06(7)(a). (c) Biodiesel blend means a blend of petroleum-based diesel fuel with biodiesel. (d) Biomass-based diesel blend meansa blend ofpetroleum-based dieselfuel with biomass-based diesel. (8) Labels. Labels must meet the following specifications: (a) For Biodiesel Blends Containing More than 5% and No Greater than 20% Biodiesel by Volume. The label is three inches (7.62 cm) wide by 2½ inches (6.35 cm) long. “Helvetica black” type is used throughout. All type is centered. The band at the top of the label contains either: (b) the capital letter “B” followed immediately by the numerical value representing the volume percentage of biodiesel in the fuel (e.g., “B-20”) and then by the term “Biodiesel Blend”; or (c) the term “Biodiesel Blend”. The band should measure one inch (2.54 cm) deep. Spacing of the text in the band is ¼ inch (.64cm) from the top of the label and 3/16 inch (.48 cm) fromthe bottomofthe black band, centered horizontally within the black band. Directly underneath the black band, the label shall read “contains biomass-based diesel or biodiesel in quantities between 5% and 20%”. The script underneath the black band must be centered horizontally, with c inch (.32 cm) between each line. The bottom line of type is ¼ inch (.64 cm) from the bottom of the label. All type should fall no closer than 3/16 inch (.48 cm) from the side edges of the label. (9) For Biomass-based Diesel Blends Containing More than 5% and no Greater than 20% Biomass-based Diesel by Volume. The label is three inches (7.62 cm) wide × 2½ inches (6.35 cm) long. "Helvetica black" type is used throughout. All type is centered. The band at the top of the label contains either: (a) the numerical value representing the volume percentage of biomass-based diesel in the fuel followed immediately by the percentage symbol (e.g., "20 %") and then by the term "Biomass-Based Diesel Blend"; or (b) the term "Biomass-Based Diesel Blend." The band should measure one inch (2.54 cm) deep. Spacing of the text in the band is ¼ inch(.64 cm) fromthe top ofthe label and 3/16 inch (.48 cm) fromthe bottom of the black band, centered horizontally within the blackband.Directlyunderneath the black band, the label shall read "contains biomass-based diesel or biodiesel in quantities between 5% and 20%. " The script underneath the black band must be centered horizontally, with c inch (.32 cm) between each line. The bottom line of type is ¼ inch (.64 cm) from the bottom of the label. Alltype should fallno closer than3/16 inch (.48 cm) from the side edges of the label. (10) For Biodiesel Blends Containing More than 20% Biodiesel by Volume. The requirements are the same as in 202 CMR 2.06(8)(a), except that the black band at the top of the label shall contain the capital letter "B" followed immediately by the numerical value representing the volume percentage of biodiesel in the fuel (e.g., "B-70") and then the term "Biodiesel Blend." In addition, the words directly underneath the black band shall read "contains more than 20% biomass-based diesel or biodiesel." (11) For Biomass-based Diesel Blends Containing More than 20% Biomass-based Diesel by Volume. The requirements are the same as in 202 CMR 2.06(9)(a), except that the black band at the top of the label shall contain the numerical value representing the volume percentage of biomass-based diesel in the fuel followed immediately by the percentage symbol (e.g., "70%") and then the term "Biomass-Based Diesel Blend." In addition, the words directly underneath the black band shall read "contains more than 20% biomass-based diesel or biodiesel." (12) For 100% Biodiesel. The requirements are the same as in 202 CMR 2.06(8)(a), except that the black band at the top of the label shall contain the phrase "B-100 Biodiesel." In addition, the words directly underneath the black band shall read "contains 100% biodiesel." (13) For 100% Biomass-based Diesel. The requirements are the same as in 202 CMR 2.06(9)(a), except that the black band at the top of the label shall contain the phrase "100% Biomass-Based Diesel." In addition, the words directly underneath the black band shall read "contains 100% biomass-based diesel." (14) Labels. (a) The background color on all the labels for biomass and biomass diesel blends is Orange: PMS 1495 or its equivalent. The knock-out type within the black band is Orange: PMS 1495 or its equivalent. All other type is process black. All borders are process black. All colors must be non-fade. (b) For biodiesel and biodieselblends. The background color onallthe labels is Blue: PMS 277 or its equivalent. The knock-out type within the black band is Blue: PMS 277 or its equivalent. All other type is process black. All borders are process black. All colors must be non-fade. (15) Labels Graphics for biodiesel, biomass and biodiesel and biomass diesel blends as follows: SUMMARY OF LABELING REQUIREMENTS FOR BIODIESEL FUELS Fuel Type lends of 5% or less Blends of more than 5% but not more than 20% Blends of more than 20% Pure (100%) Boidiesel or Biomass-based diesel Header Text Color Header Text Color Header Text Color Biodeisel No label required Either “B-XX Biodeisel Blend” or “Biodiesel Blend” Contains biomass- based diesel or biodeisel in quantities between 5% and 20% Blue B-XX Biodeisel Blend Contains more than 20% biomass-based diesel or biodeisel Blue B-100 Biodeisel Contains 100% Biodeisel Blue Biomass- based Deisel No label required Either “XX% Biomass- based Diesel Blend” or “Biomass­ based Diesel Blend” Contains biomass- based diesel or biodeisel in quantities between 5% and 20% Orange XX Biomass- based Diesel Blend Contains more than 20% biomass-based diesel or biodeisel Orange 100% Biomass- based Deisel Contains 100% Biomass- based Deisel Orange (16) Standard Method of Test. (a) As authorized by M.G.L. c. 94, §§ 295I and 295G, the standard method of test for distillation of gasoline for the purpose of determining end point is prescribed as the current "Standard Method of Test for Distillation of Petroleum Products" as published by the American Society for Testing and Materials (ASTM) and designated as D-86. The test conditions prescribed in Group 1 (Table 1) of D-86 shall be used regardless of "Sample Characteristics" which may place limitations on vapor pressure and/or end point. (b) As authorized by M.G.L. c. 94, §§ 295I and 295G, the standards for viscosity classification for automotive lubricating oil shall be those of the current recommendations of the Society of Automotive engineers (SAE) entitled "Crankcase Oil Viscosity Classification". The necessary viscosity determinations shall be made by the current ASTM standard methods which are designated in the above mentioned SAE Crankcase Oil Viscosity Classification.