NDAC 33.1-34-01-02
Labeling specifications
Cite as N.D. Admin. Code ยง 33.1-34-01-02
1.
Posted octane rating. The posted octane rating of a gasoline or alcohol-blended gasoline is
the mathematical average of the octane as determined by the ASTM D2699 Research Method
engine test and the octane as determined by the ASTM D2700 Motor Method engine test.
a.
The posted octane rating must be conspicuously placed on the dispenser's front panel in
a type not less than one inch [2.54 centimeters] high.
b.
Only gasoline or alcohol-blended gasoline with a posted octane rating greater than or
equal to ninety-one may be labeled "premium", "supreme", or "high test".
c.
Only gasoline or alcohol-blended gasoline with a posted octane rating greater than or
equal to eighty-nine may be labeled "super", "plus", or "midgrade".
d.
Octane of unleaded and leaded gasoline or alcohol-blended gasoline must be at least
eighty-seven. Unleaded gasoline or alcohol-blended gasoline means that gasoline or
alcohol-blended gasoline produced without the intentional use of any lead additive and
which contains not more than five one-hundredths grams of lead per gallon and not more
than five one-thousandths grams of phosphorus per gallon. Leaded gasoline or
alcohol-blended gasoline means gasoline or alcohol-blended gasoline which contains
more than five one-thousandths grams of phosphorus per gallon, or any fuel to which
lead or phosphorus is intentionally added.
2.
Alcohol-blended gasolines.
a.
All gasoline or alcohol-blended gasoline sold or offered for sale containing ethanol,
methanol, or cosolvent alcohol, or any combination thereof, shall be labeled with the
conventional name or names of the alcohol contained in the gasoline or alcohol-blended
gasoline if the gasoline or alcohol-blended gasoline consists of one percent or more by
volume of any alcohol or combinations of alcohols. The label must be on any price
advertising and the dispenser's front panel next to the gasoline or alcohol-blended
gasoline grade label in a position that is clear and conspicuous from the driver's position.
The dispensing unit label shall also identify the maximum percentage by volume, to the
nearest whole percent, of ethanol, methanol, or cosolvent alcohol, or any combination
thereof contained in the gasoline or alcohol-blended gasoline. If gasoline or
alcohol-blended gasoline consists of one percent or more by volume of ethanol, the
dispensing unit shall bear the ethanol promotion and information council label or logo.
b.
Maximum percentage of methanol and cosolvent alcohol must both be conspicuously
displayed or labeled if the product contains three percent or more by volume of methanol.
c.
No person may sell gasoline or alcohol-blended gasoline in any manner, including
coloring, which shall deceive, tend to deceive, or has the effect of deceiving the
purchaser as to grade or type.
d.
Suppliers of alcohol-blended gasoline to retail service stations or to other resuppliers
must provide to the retailer or other reseller an invoice or delivery ticket indicating to
within one percentage point the specific content by volume of any alcohol contained if the
gasoline or alcohol-blended gasoline consists of one percent or more by volume of any
alcohol or combinations of alcohols. This information must be made readily available to
the consumer of an alcohol-blended gasoline.
3.
Gasoline grade designations. All gasolines or alcohol-blended gasolines sold or offered for
sale must bear on the dispenser's front panel and on any price advertising the appropriate
leaded or lead-free grade designation. This label must be posted in a position that is clear and
conspicuous from the driver's position.
4.
Biodiesel.
a.
Biodiesel and biodiesel blends shall be identified by the capital letter "B" followed by the
numerical value representing the volume percentage of biodiesel fuel.
b.
Each retail dispenser of biodiesel blend containing more than five percent and up to and
including twenty percent biodiesel shall be labeled with either the capital letter "B"
followed by the numerical value representing the volume percentage of biodiesel fuel and
ending with "biodiesel blend" or the phrase "biodiesel blend between 5% and 20%" or
similar words.
c.
Each retail dispenser of biodiesel or biodiesel blend containing more than twenty percent
biodiesel shall be labeled with the capital letter "B" followed by the numerical value
representing the volume percentage of biodiesel fuel and ending with either "biodiesel" or
"biodiesel blend".
d.
Suppliers of biodiesel or biodiesel blend to retail service stations or to other resuppliers
must provide to the retailer or reseller a declaration of the volume percent biodiesel on an
invoice or delivery ticket. This documentation is for dispenser labeling purposes only. It is
the responsibility of any potential blender to determine the amount of biodiesel in the
diesel fuel prior to blending.