section .0400 - DISPENSING DEVICES AND PUMPS

02 NCAC 42 .0401             LABELING OF DISPENSING DEVICES

(a)  For the purpose of product identity, each dispensing device used in the retailing of any motor fuel shall, on the front panel of the dispenser and in plain view of the customer, be labeled with the following:

(1)           For gasoline, the registered brand name;

(2)           For diesel fuel, the registered brand name plus a descriptive or generic label if the registered brand name does not identify the type or grade of product;

(3)           For biodiesel and biodiesel blends, the registered brand name plus a descriptive or generic label if the registered brand name does not identify the type or grade of product;

(4)           For gasoline-oxygenate blends other than E85 fuel ethanol containing:

(A)          At least one percent by volume of methanol, the registered brand name plus an additional label which states that the blend "contains methanol."

(B)          Ten percent or less by volume of ethanol, the registered brand name plus an additional label which states that the blend "contains 10% ethanol," "may contain up to 10% ethanol," "contains 10% or less ethanol" or similar wording.

(C)          Greater than 10 percent but no more than 15 percent by volume of ethanol, the registered brand name plus an additional label that states the blend "contains up to 15% ethanol," "contains between 10-15% ethanol," or similar wording.

(D)          Greater than 15 percent but no more than 85 percent by volume of ethanol, the registered brand name plus an additional label which states the specific volume percentage of ethanol present in the blend such as "contains 30% ethanol."

(5)           For E85 fuel ethanol, the registered brand name.

(b)  The additional labels required by Subparagraph (a)(4) of this Rule shall be composed of letters at least one inch in height, minimum one-eighth inch stroke, which contrast with the label background and shall be affixed to the dispenser front panel in a position conspicuous from the driver's position.  Exceptions to the requirements in Subparagraph (a)(4) of this Rule are:

(1)           For fuels not covered by an EPA waiver, the additional label shall identify the percent by volume of ethanol or methanol in the blend; and

(2)           For fuels meeting the EPA's "Substantially Similar" rule and which do not contain methanol, no additional label is required.

(c)  Each dispensing device used in the retailing of products other than motor fuel shall, on the front panel of the dispenser and in plain view of the customer, be labeled as follows:

(1)           Kerosene shall be labeled as either 1-K Kerosene or 2-K Kerosene.  In addition, each dispenser shall contain one of the following legends as appropriate:

(A)          On 1-K kerosene dispensers, the legend "Suitable For Use In Unvented Heaters"; or

(B)          On 2-K kerosene dispensers, the legend "May Not Be Suitable For Use In Unvented Heaters"; and

(2)           Other products shall be labeled with either the applicable generic name or a brand name which identifies the type of product.

(d)  When a motor fuel or other product provided for in this Section is offered for sale, sold, or delivered at retail in barrels, casks, cans, or other containers, each container shall be labeled in accordance with this Section and in accordance with 15 U.S.C. 1451 et. seq., the Fair Packaging and Labeling Act.

(e)  If a dispenser is designed so that one or more hoses connected to a common housing dispense more than one type or grade of product, means shall be provided to indicate the identity of the product being dispensed from the hose.

History Note:        Authority G.S. 119-27; 119-27.2;

Eff. December 1, 1981;

Amended Eff. June 1, 2012; July 1, 2008; August 1, 2002; June 1, 1987; December 1, 1985; November 1, 1983;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.