Section R20-2-709. Retail Oxygenated Fuel Labeling

A.      The owner or operator of a motor fuel dispensing site shall ensure that a motor fuel dispenser that offers gasoline contain- ing fuel ethanol that results in a gasoline blend containing 1.5 percent or more by weight of oxygen is clearly labeled with the fuel ethanol volume information. Each face of each motor fuel dispenser shall be clearly labeled with the oxygenate vol- ume information if the percent by volume is more than 4.3 per- cent by volume of fuel ethanol.

B.       The owner or operator of a motor fuel dispensing site shall ensure that labels required under subsection (A) are displayed on the upper 60 percent of each face of each motor fuel dis- penser. The label indicating the maximum percent by volume of oxygenate contained in the oxygenated fuel shall state: “May contain up to        % fuel ethanol.”

C.      In the CBG-covered area and area B, the owner or operator of a motor fuel dispensing site shall ensure that a label displayed on each face of each motor fuel dispenser contains the follow- ing statement: “This gasoline is oxygenated with fuel ethanol and will reduce carbon monoxide emissions from motor vehi- cles.” The statement may be printed on the label required in subsection (B) or on a separate label. If the statement is printed on a separate label, the label shall be displayed next to the label required in subsection (B).

D.      The owner or operator of a motor fuel dispensing site shall ensure that:

1.        The label required by subsection (B) is clean, legible, and visible at all times;

2.        The label is printed in black or white block letters on a sharply contrasting background; and

3.        The lettering on labels required by subsections (B) and

(C) is no less than 1/4".

Historical Note

Former Section R4-31-204(G) renumbered without

change as Section R4-31-709 (Supp. 89-1). Former R4- 31-709 repealed, new Section R4-31-709 adopted by emergency action effective September 20, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-3).

Former R4-31-709 repealed again, new Section R4-31- 709 adopted again without change by emergency action effective December 20, 1991, pursuant to A.R.S. § 41- 1026, valid for only 90 days (Supp. 91-4). Former R4-31- 709 repealed again, new Section adopted again by emer- gency action without change effective March 20, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1). Emergency expired. Former Section R4-31- 709 repealed, new Section R4-31-709 adopted with changes effective August 17, 1992 (Supp. 92-3). R20-2- 709 recodified from R4-31-709 (Supp. 95-1). Amended effective under an exemption from the provisions of

A.R.S. Title 41, Chapter 6, with an interim effective date of September 12, 1997 (Supp. 97-3). Interim amendment expired and was automatically repealed on the date the permanent rules became effective pursuant to Laws 1997, Ch. 117; Section permanently amended October 1, 1998; filed in the Office of the Secretary of State September 9,

1998 (Supp. 98-3). Former Section R20-2-709 renum- bered to R20-2-707; new Section R20-2-709 renumbered from R20-2-711 and amended by final rulemaking at 5

A.A.R. 4312, effective October 18, 1999 (Supp. 99-4). Amended by final rulemaking at 12 A.A.R. 3722, effec- tive September 12, 2006 (Supp. 06-3). Amended by final rulemaking at 17 A.A.R. 190, effective March 12, 2011 (Supp. 11-1). Amended by final rulemaking at 19 A.A.R.

3325, effective November 30, 2013 (Supp. 13-4).