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Virginia Administrative Code (Last Updated: January 10, 2017) |
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Title 2. Agriculture |
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Agency 5. Department of Agriculture and Consumer Services |
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Chapter 480. Regulation Governing the Oxygenation of Gasoline |
Section 80. Compliance and enforcement
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A. Any retail outlet operator or wholesale purchaser-consumer will be deemed in compliance with the requirements of this chapter during a transitional period comprising the first 10 days of the control period, provided that for all deliveries of gasoline during the five days immediately preceding the control period the gasoline delivered to that retail outlet operator or wholesale purchaser-consumer complies with the minimum oxygenate content specified by 2VAC5-480-30.
B. Any retail outlet operator or wholesale purchaser-consumer who purchases or receives, and offers for sale, or dispenses gasoline found not to be in compliance with the requirements of this chapter will be subject to having such gasoline ordered off sale or removed from use by the commissioner. After such ordering off sale or removal from use, the retail outlet operator or wholesale purchaser-consumer may:
1. Re-offer for sale gasoline that has been ordered off sale or removed from use, provided that prior to such re-offering for sale such gasoline has been blended by any person with additional oxygenates sufficient to comply with the minimum oxygenate content specified by 2VAC5-480-30, and provided that prior to such re-offering for sale the sampling taken by the commissioner meets the minimum oxygenate content specified by 2VAC5-480-30 of this chapter;
2. Sell or transfer gasoline for use outside the control area that has been ordered off sale or removed from use, provided that the retail outlet operator or wholesale purchaser-consumer complies with the record keeping requirements of 2VAC5-480-50 C (in the case of the retail outlet operator) and 2VAC5-480-50 D (in the case of the wholesale purchaser-consumer) of this chapter, and provided that prior to the sale or transfer the retail outlet operator or wholesale purchaser-consumer provides the commissioner with an affidavit stating that the retail outlet operator or the wholesale purchaser-consumer will not sell or transfer the gasoline in or to the control area during the control period, and also stating the proposed disposition of the gasoline; or
3. Have gasoline that has been ordered off sale or removed from use released and returned to the retail outlet operator or wholesale purchaser-consumer by the commissioner, provided that prior to such release the retail outlet operator or wholesale purchaser-consumer provides the commissioner with an affidavit stating that the retail outlet operator or wholesale purchaser-consumer will not sell or transfer the gasoline in or to the control area during the control period, and also stating the proposed disposition of the gasoline.
Historical Notes
Derived from VR115-04-28 § 8, eff. November 1, 1993.