WSR 13-03-054

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed January 11, 2013, 10:00 a.m. , effective February 11, 2013 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: This rule-making order amends chapter 16-662 WAC, Weights and measures -- National handbooks, by:

(1) Amending the existing rule to adopt, in whole or in part, the 2013 edition of NIST Handbook 44 (Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices) as required by RCW 19.94.195; NIST Handbook 130 (Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality); and NIST Handbook 133 (Checking the Net Contents of Packaged Goods);

(2) Adopting the most recent version of NIST Handbook 105-1 through 8, which incorporates specifications and tolerances for metrology calibration;

(3) Moving some of the existing requirements from chapter 16-657 WAC into chapter 16-662 WAC. Other provisions of chapter 16-657 WAC are being repealed in a concurrent rule-making action; and

(4) Adopting modifications to the existing text to increase rule clarity and readability, and to conform to current industry and regulatory standards.

Citation of Existing Rules Affected by this Order: Amending WAC 16-662-100, 16-662-105, 16-662-110, and 16-662-115.

Statutory Authority for Adoption: RCW 19.94.190, 19.112.020, and 19.112.140.

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 12-24-081 on December 5, 2012.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 4, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 4, Repealed 0.

Date Adopted: January 11, 2013.

Dan Newhouse

Director

OTS-5192.2

Chapter 16-662 WAC

WEIGHTS AND MEASURES -- NATIONAL HANDBOOKS AND RETAIL SALE OF MOTOR FUEL


AMENDATORY SECTION(Amending WSR 12-02-021, filed 12/28/11, effective 1/28/12)

WAC 16-662-100   Purpose.   (1) This chapter establishes requirements for the state of Washington that are reasonably consistent with the uniform rules adopted by the National Conference on Weights and Measures and ((that are in effect in other states)) published by the National Institute of Standards and Technology (NIST). This chapter also establishes requirements for the retail sale and advertising of motor fuel.

(2) This chapter applies specifically to the:

(a) Uniform specifications, tolerances and other technical requirements for weighing and measuring devices addressed in ((the National Institute of Standards and Technology (NIST))) NIST Handbook 44;

(b) Uniform procedures for checking the net contents of packaged goods addressed in NIST Handbook 133;

(c) Uniform packaging and labeling regulation addressed in NIST Handbook 130;

(d) Uniform regulation for the method of sale of commodities addressed in NIST Handbook 130;

(e) Uniform examination procedure for price verification addressed in NIST Handbook 130; ((and))

(f) Engine fuels, petroleum products, and automotive lubricants regulation addressed in NIST Handbook 130;

(g) Specifications and tolerances for reference standards and field standard weights and measures addressed in the NIST Handbook 105 series; and

(h) Requirements for the retail sale and advertising of motor fuel.

(3)(a) NIST Handbook 44, NIST Handbook 130 ((and)), NIST Handbook 133, and NIST Handbooks 105 may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402((. They)) and are ((also)) available on the National Institute of Standards and Technology web site at http://www.nist.gov/pml/wmd/pubs/handbooks.cfm.

(b) For information regarding the contents and application of these publications, contact the weights and measures program at the Washington State Department of Agriculture, P.O. Box 42560, Olympia, Washington 98504-2560, telephone number 360-902-1857, or e-mail wtsmeasures@agr.wa.gov.

[Statutory Authority: Chapters 19.94, 19.112, and 34.05 RCW. 12-02-021, 16-662-100, filed 12/28/11, effective 1/28/12; 09-19-007, 16-662-100, filed 9/3/09, effective 10/4/09. Statutory Authority: Chapters 19.112 and 34.05 RCW. 07-05-083, 16-662-100, filed 2/21/07, effective 3/24/07. Statutory Authority: Chapters 19.94 and 34.05 RCW. 05-10-088, 16-662-100, filed 5/4/05, effective 6/4/05; 03-08-017, 16-662-100, filed 3/25/03, effective 4/25/03. Statutory Authority: Chapter 19.94 RCW. 97-12-075, 16-662-100, filed 6/4/97, effective 7/5/97.]


AMENDATORY SECTION(Amending WSR 12-08-041, filed 3/30/12, effective 4/30/12)

WAC 16-662-105   Standards adopted by the Washington state department of agriculture (WSDA).   Except as otherwise modified in this chapter, the WSDA adopts the following national standards:


National standard for: Contained in the:
(1) The specifications, tolerances, and other technical requirements for the design, manufacture, installation, performance test, and use of weighing and measuring equipment ((2011)) 2013 Edition of NIST Handbook 44 - Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices
(2) The procedures for checking the accuracy of the net contents of packaged goods ((2011)) 2013 Edition of NIST Handbook 133 - Checking the Net Contents of Packaged Goods
(3) The requirements for packaging and labeling, method of sale of commodities, examination procedures for price verification, and engine fuels, petroleum products and automotive lubricants ((2012)) 2013 Edition of NIST Handbook 130 - Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality. Specifically:
(a) Weights and measures requirements for all food and nonfood commodities in package form Uniform Packaging and Labeling Regulation as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, ((2012)) 2013 Edition.
(b) Weights and measures requirements for the method of sale of food and nonfood commodities Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, ((2012)) 2013 Edition.
(c) Weights and measures requirements for price verification Examination Procedure for Price Verification as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, ((2012)) 2013 Edition.
(d) Definitions; standard fuel specifications; classification and method of sale of petroleum products; retail storage tanks and dispenser filters; condemned product; product registration; and test methods and reproducibility limits Uniform Engine Fuels and Automotive Lubricants Regulation as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, ((2012)) 2013 Edition.
(4) Specifications and tolerances for reference standards and field standard weights and measures NIST Handbook 105-1, Specifications and Tolerances for Field Standard Weights (NIST Class F) - 1990;
NIST Handbook 105-2, Specifications and Tolerances for Field Standard Measuring Flasks - 1996;
NIST Handbook 105-3, Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards - 2010;
NIST Handbook 105-4, Specifications and Tolerances for Liquefied Petroleum Gas and Anhydrous Ammonia Liquid Volumetric Provers - 2010;
NIST Handbook 105-5, Specifications and Tolerances for Field Standard Stopwatches - 1997;
NIST Handbook 105-6, Specifications and Tolerances for Thermometers - 1997;
NIST Handbook 105-7, Specifications and Tolerances for Dynamic Small Volume Provers - 1997;
NIST Handbook 105-8, Specifications and Tolerances for Field Standard Weight Carts - 2003.

[Statutory Authority: RCW 19.94.190, 19.112.020, 19.112.140, and chapter 34.05 RCW. 12-08-041, 16-662-105, filed 3/30/12, effective 4/30/12. Statutory Authority: Chapters 19.94, 19.112, and 34.05 RCW. 12-02-021, 16-662-105, filed 12/28/11, effective 1/28/12. Statutory Authority: Chapters 19.94, 19.112, 34.05 RCW, and 2010 c 96. 10-18-088, 16-662-105, filed 9/1/10, effective 10/2/10. Statutory Authority: Chapters 19.94, 19.112, and 34.05 RCW. 09-19-007, 16-662-105, filed 9/3/09, effective 10/4/09. Statutory Authority: Chapters 19.94 and 34.05 RCW. 08-05-007, 16-662-105, filed 2/7/08, effective 3/9/08. Statutory Authority: Chapters 19.112 and 34.05 RCW. 07-05-083, 16-662-105, filed 2/21/07, effective 3/24/07. Statutory Authority: Chapters 19.94 and 34.05 RCW. 07-01-115A, 16-662-105, filed 12/20/06, effective 1/20/07; 06-08-102, 16-662-105, filed 4/5/06, effective 5/6/06; 05-10-088, 16-662-105, filed 5/4/05, effective 6/4/05; 04-12-025, 16-662-105, filed 5/26/04, effective 6/26/04; 03-08-017, 16-662-105, filed 3/25/03, effective 4/25/03. Statutory Authority: Chapter 19.94 RCW. 02-12-029, 16-662-105, filed 5/29/02, effective 6/29/02. Statutory Authority: RCW 19.94.195. 01-16-005, 16-662-105, filed 7/19/01, effective 8/19/01; 00-14-005, 16-662-105, filed 6/23/00, effective 7/24/00; 99-07-056, 16-662-105, filed 3/16/99, effective 4/16/99; 98-13-072, 16-662-105, filed 6/15/98, effective 7/16/98. Statutory Authority: Chapter 19.94 RCW. 97-12-075, 16-662-105, filed 6/4/97, effective 7/5/97.]


AMENDATORY SECTION(Amending WSR 12-02-021, filed 12/28/11, effective 1/28/12)

WAC 16-662-110   Modifications to NIST Handbook 44.   The WSDA adopts the following modifications to NIST Handbook 44, which is identified in WAC 16-662-105(1):


Modified Section: Modification:
NIST Handbook 44, 2013 Edition, Section 3-30, Liquid-Measuring Devices The standards and specifications in NIST Handbook 44, 2012 Edition Section 3-30. Liquid-Measuring Devices will be used instead of the 2013 edition.
NIST Handbook 44, 2013 Edition, General Code: Section G-UR.4.1. Maintenance of Equipment In the last sentence of G-UR.4.1., Maintenance of Equipment, change the words "device user" to "device owner or operator." As a result of this modification, the last sentence of G-UR.4.1. will read:
"Equipment in service at a single place of business found to be in error predominantly in a direction favorable to the device owner or operator (see also Introduction, Section Q) shall not be considered "maintained in a proper operating condition.""
NIST Handbook 44, 2012 Edition, Liquid-Measuring Devices: Section S.1.6.4.1. Unit Price At the end of the first sentence of S.1.6.4.1.(b), Unit Price, add the words "or after prepayment for the product but prior to its delivery." As a result of this modification, the sentence will read: "Whenever a grade, brand, blend, or mixture is offered for sale from a device at more than one unit price, then all of the unit prices at which that product is offered for sale shall be displayed or shall be capable of being displayed on the dispenser using controls available to the customer prior to the delivery of the product or after prepayment for the product but prior to its delivery."

[Statutory Authority: Chapters 19.94, 19.112, and 34.05 RCW. 12-02-021, 16-662-110, filed 12/28/11, effective 1/28/12. Statutory Authority: Chapters 19.94, 19.112, 34.05 RCW, and 2010 c 96. 10-18-088, 16-662-110, filed 9/1/10, effective 10/2/10. Statutory Authority: Chapters 19.94, 19.112, and 34.05 RCW. 09-19-007, 16-662-110, filed 9/3/09, effective 10/4/09. Statutory Authority: Chapters 19.94 and 34.05 RCW. 07-01-115A, 16-662-110, filed 12/20/06, effective 1/20/07; 05-10-088, 16-662-110, filed 5/4/05, effective 6/4/05; 03-08-017, 16-662-110, filed 3/25/03, effective 4/25/03. Statutory Authority: RCW 19.94.195. 01-16-005, 16-662-110, filed 7/19/01, effective 8/19/01; 99-07-056, 16-662-110, filed 3/16/99, effective 4/16/99. Statutory Authority: Chapter 19.94 RCW. 97-12-075, 16-662-110, filed 6/4/97, effective 7/5/97.]


AMENDATORY SECTION(Amending WSR 12-08-041, filed 3/30/12, effective 4/30/12)

WAC 16-662-115   Modifications to NIST Handbook 130.   The WSDA adopts the following modifications to the listed sections of the Uniform Regulation for the Method of Sale of Commodities requirements published in NIST Handbook 130, identified in WAC 16-662-105 (3)(b):


Modified Section: Modification:
(1) Section 2.20.1. Method of Retail Sale Modify section 2.20.1. Method of Retail Sale. Type of Oxygenate must be Disclosed, to read: "All automotive gasoline or automotive gasoline-oxygenate blends kept, offered, or exposed for sale, or sold at retail containing at least 1.5 mass percent oxygen shall be identified as "with" or "containing" (or similar wording) the predominant oxygenate in the engine fuel. For example, the label may read "contains ethanol." The oxygenate contributing the largest mass percent oxygen to the blend shall be considered the predominant oxygenate. Where mixtures of only ethers are present, the retailer may post the predominant oxygenate followed by the phrase "or other ethers." In addition, gasoline-methanol blend fuels containing more than 0.15 mass percent oxygen from methanol shall be identified as "with" or "containing" methanol. This information shall be posted on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 mm (1/2 in.) in height, 1.5 mm (1/16 in.) stroke (width of type). Methanol at one percent or greater, by volume, in gasoline for use as motor vehicle fuel must be labeled with the maximum percentage of methanol contained in the motor vehicle fuel. Ethanol at no less than one percent and no more than ten percent, by volume, must be labeled "Contains up to 10% Ethanol." Ethanol at greater than ten percent by volume must be labeled with the capital letter E followed by the numerical value volume percent denatured ethanol and ending with the word "ethanol." (Example: E85 Ethanol.)"
(2) Section 2.20.2. Documentation for Dispenser Labeling Purposes Modify section 2.20.2. Documentation for Dispenser Labeling Purposes, to read: "At the time of delivery of the fuel, the retailer shall be provided, on an invoice, bill of lading, shipping paper, or other documentation a declaration of the predominant oxygenate or combination of oxygenates present in concentrations sufficient to yield an oxygen content of at least 1.5 mass percent in the fuel. Where mixtures of only ethers are present, the fuel supplier may identify the predominant oxygenate in the fuel (i.e., the oxygenate contributing the largest mass percent oxygen). In addition, any gasoline containing more than 0.15 mass percent oxygen from methanol shall be identified as "with" or "containing" methanol. This documentation is only for dispenser labeling purposes; it is the responsibility of any potential blender to determine the total oxygen content of the engine fuel before blending. When ethanol and/or methanol is blended at one percent or greater, by volume, in gasoline for use as motor vehicle fuel, documentation must include the volumetric percentage of ethanol and/or methanol."
(3) Section 2.23. Animal Bedding Add a new subsection which reads: "2.23.2. Sawdust, Barkdust, Decorative Wood Particles, and Similar Products. As used in this subsection, "unit" means a standard volume equal to 200 cubic feet. When advertised, offered for sale, or sold within Washington state, quantity representations for sawdust, barkdust, decorative wood particles, and similar loose bulk materials must be in cubic measures or units and fractions thereof."
(4) Section 2.31.2. Labeling of Retail Dispensers Add a new subsection which reads: "2.31.2.5. Labeling of Retail Dispensers Containing Not More Than 5% Biodiesel. Each retail dispenser of biodiesel or biodiesel blend containing not more than five percent biodiesel must be labeled "May contain up to 5% Biodiesel.""
Add a new subsection which reads: "2.31.2.6. Labeling of Retail Dispensers Containing More Than 5% Biodiesel. Each retail dispenser of biodiesel or biodiesel blend containing more than five percent biodiesel must 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" (examples: B100 Biodiesel; B60 Biodiesel Blend)."
(5) Section 2.31.4. Exemption Delete section 2.31.4.

The WSDA adopts the following modifications to the listed sections of the Uniform Engine Fuels and Automotive Lubricants Regulation requirements published in NIST Handbook 130, identified in WAC 16-662-105 (3)(d):


Modified Section: Modification:
(1) Section ((2.1.3.)) 2.1.2. Gasoline-Ethanol Blends Modify section ((2.1.3.)) 2.1.2. to read: "When gasoline is blended with 1 to 10 volume percent ethanol, the ethanol shall meet the requirements of ASTM D4806 and either:
(a) The base gasoline used for blending with ethanol shall meet the requirements of ASTM D4814; except that the base gasoline shall meet the minimum temperature for a Vapor-Liquid Ratio of 20 for the applicable vapor lock protection class as follows:
(1) Class 1 shall be 60C (140F)
(2) Class 2 shall be 56C (133F)
(3) Class 3 shall be 51C (124F)
(4) Class 4 shall be 47C (116F)
(5) Class 5 shall be 41C (105F)
or
(b) The blend shall meet the requirements of ASTM D4814."
Add a new subsection to read: "((2.1.3.1.)) 2.1.2.1. Maximum Vapor Pressure. The maximum vapor pressure of a gasoline-ethanol blend shall not exceed ASTM D4814 limits by more than 1.0 psi for:
(a) Only 9 to 10 volume percent ethanol blends from June 1 through September 15.
(b) All blends of 1 to 10 volume percent ethanol from September 16 through May 31."
(2) Section 2.12. Motor Oil Delete section 2.12.
(3) Section 2.13. Products for Use in Lubricating Manual Transmissions, Gears, or Axles Delete section 2.13.
(4) Section 2.14. Products for Use in Lubricating Automatic Transmissions Delete section 2.14.
(5) Section 3.2.6. Method of Retail Sale Modify section 3.2.6. to read: "Type of Oxygenate must be Disclosed. All automotive gasoline or automotive gasoline-oxygenate blends kept, offered, or exposed for sale, or sold at retail containing at least 1.5 mass percent oxygen shall be identified as "with" or "containing" (or similar wording) the predominant oxygenate in the engine fuel. For example, the label may read "contains ethanol." The oxygenate contributing the largest mass percent oxygen to the blend shall be considered the predominant oxygenate. Where mixtures of only ethers are present, the retailer may post the predominant oxygenate followed by the phrase "or other ethers." In addition, gasoline-methanol blend fuels containing more than 0.15 mass percent oxygen from methanol shall be identified as "with" or "containing" methanol. This information shall be posted on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 mm (1/2 in.) in height, 1.5 mm (1/16 in.) stroke (width of type). Methanol at one percent or greater, by volume, in gasoline for use as motor vehicle fuel must be labeled with the maximum percentage of methanol contained in the motor vehicle fuel. Ethanol at no less than one percent and no more than ten percent, by volume, must be labeled "Contains up to 10% Ethanol." Ethanol at greater than ten percent by volume must be labeled with the capital letter E followed by the numerical value volume percent denatured ethanol and ending with the word "ethanol" (example: E85 Ethanol)."
(6) Section 3.2.7. Documentation for Dispenser Labeling Purposes Modify section 3.2.7. to read: "The retailer shall be provided, at the time of delivery of the fuel, on an invoice, bill of lading, shipping paper, or other documentation, a declaration of the predominant oxygenate or combination of oxygenates present in concentrations sufficient to yield an oxygen content of at least 1.5 mass percent in the fuel. Where mixtures of only ethers are present, the fuel supplier may identify the predominant oxygenate in the fuel (i.e., the oxygenate contributing the largest mass percent oxygen). In addition, any gasoline containing more than 0.15 mass percent oxygen from methanol shall be identified as "with" or "containing" methanol. This documentation is only for dispenser labeling purposes; it is the responsibility of any potential blender to determine the total oxygen content of the engine fuel before blending. When ethanol and/or methanol is blended at one percent or greater, by volume, in gasoline for use as motor vehicle fuel, documentation must include the volumetric percentage of ethanol and/or methanol."
(7) Section 3.8.2. Labeling Requirements Add a new subsection which reads: "(c) Each retail dispenser of greater than ten percent fuel ethanol by volume must be labeled with the capital letter E followed by the numerical value volume percent denatured ethanol and ending with the word "ethanol" (example: E85 Ethanol)."
(8) Section 3.9.2. Retail Dispenser Labeling Add a new subsection which reads: "(c) Each retail dispenser of fuel methanol shall be labeled by the capital letter M followed by the numerical value maximum volume percent and ending with the word "methanol." (Example: M85 Methanol.)"
(9) Section 3.13. Oil Delete section 3.13.
(10) Section 3.14. Automatic Transmission Fluid Delete section 3.14.
(11) Section 3.15.2. Labeling of Retail Dispensers Add a new subsection which reads: "3.15.2.5. Labeling of Retail Dispensers Containing Not More Than 5% Biodiesel. Each retail dispenser of biodiesel blend containing not more than five percent biodiesel must be labeled "May contain up to 5% Biodiesel.""
Add a new subsection which reads: "3.15.2.6. Labeling of Retail Dispensers Containing More Than 5% Biodiesel. Each retail dispenser of biodiesel or biodiesel blend containing more than five percent biodiesel must 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" (examples: B100 Biodiesel; B60 Biodiesel blend)."
(12) Section 3.15.4. Exemption Delete section 3.15.4.

[Statutory Authority: RCW 19.94.190, 19.112.020, 19.112.140, and chapter 34.05 RCW. 12-08-041, 16-662-115, filed 3/30/12, effective 4/30/12. Statutory Authority: Chapters 19.94, 19.112, 34.05 RCW, and 2010 c 96. 10-18-088, 16-662-115, filed 9/1/10, effective 10/2/10. Statutory Authority: Chapters 19.94, 19.112, and 34.05 RCW. 09-19-007, 16-662-115, filed 9/3/09, effective 10/4/09. Statutory Authority: Chapters 19.112 and 34.05 RCW. 07-05-083, 16-662-115, filed 2/21/07, effective 3/24/07. Statutory Authority: Chapters 19.94 and 34.05 RCW. 05-10-088, 16-662-115, filed 5/4/05, effective 6/4/05; 03-08-017, 16-662-115, filed 3/25/03, effective 4/25/03. Statutory Authority: RCW 19.94.195. 98-13-072, 16-662-115, filed 6/15/98, effective 7/16/98. Statutory Authority: Chapter 19.94 RCW. 97-12-075, 16-662-115, filed 6/4/97, effective 7/5/97.]


NEW SECTION
WAC 16-662-140   Retail sales of motor fuels.   All devices used for retail motor fuel sales shall:

(1) Display the price per gallon or price per liter as set forth in NIST Handbook 44 adopted under this chapter;

(2) Indicate the amount of fuel delivered during a single retail transaction as set forth in NIST Handbook 44 adopted under this chapter;

(3) Compute and display the selling price per unit as set forth in NIST Handbook 44 adopted under this chapter;

(4) Compute and display the total selling price for a single retail transaction as set forth in NIST Handbook 44 adopted under this chapter; and

(5) Provide a receipt for retail transactions as set forth in NIST Handbook 44 adopted under this chapter.

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NEW SECTION
WAC 16-662-145   Posting of motor fuel prices--Cash and credit sales.   The following rules apply to the posting of prices of retail sales of motor fuels. As used herein, motor fuel means any fuel used in motor vehicles including, but not limited to, gasoline, diesel, propane, and alcohol-gasoline blends. As used herein, motor vehicles shall include all wheeled motorized vehicles, and all boats and airplanes.

(1) The posted or advertised price of motor fuel at retail outlets must be available to all consumers. The grade of fuel and any condition or qualification required to obtain the posted price must be clearly displayed in letters of contrasting color at least one-half the size of the posted price and immediately adjacent thereto.

(2) A cash price may be posted or advertised if the posting of the price clearly shows it to be limited to cash purchases. The information shall be in letters at least one-half the size of the posted price and immediately adjacent thereto.

(3) Cash and credit sales. If a retailer elects to establish separate islands or individual dispensers for cash and credit sales, the islands or dispensers shall be clearly marked as such in letters at least six inches in height and of proportional width.

(4) Posted prices of motor fuels at retail outlets shall include all federal, state, and local taxes.

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