WSR 14-14-123
PROPOSED RULES
DEPARTMENT OF AGRICULTURE
[Filed July 2, 2014, 8:40 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-04-123 and 14-04-124.
Title of Rule and Other Identifying Information: Chapter 16-662 WAC, Weights and measures—National handbooks and retail sale of motor fuel and chapter 16-664 WAC, National type evaluation program. The department is proposing to:
(1) Adopt the 2014 edition of NIST Handbook 44 (Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices) as required by RCW 19.94.195;
(2) Adopt (with modifications) the 2014 edition of NIST Handbook 130 (Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality);
(3) Adopt (with modifications) the National Type Evaluation Program (NTEP) standard addressed in NIST Handbook 130;
(4) Adopt the 2014 edition of NIST Handbook 133 (Checking the Net Contents of Packaged Goods);
(5) Repeal chapter 16-664 WAC, NTEP; and
(6) Modify the existing text to increase rule clarity and readability.
Hearing Location(s): Washington State Department of Agriculture, Natural Resources Building, 1111 Washington Street S.E., Conference Room 259, Olympia, WA 98504-2560, on August 27, 2014, at 10:00 a.m.
Date of Intended Adoption: September 9, 2014.
Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail hgonzales@agr.wa.gov, fax (360) 902-2094, by August 27, 2014.
Assistance for Persons with Disabilities: Contact Henri Gonzales by August 20, 2014, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 19.94.195 requires that the most current version of NIST Handbook 44 be adopted, in whole or in part. The department adopts the current version of NIST Handbook 44, NIST Handbook 130 with modifications, and NIST Handbook 133 in order to maintain uniformity with other states where appropriate. This proposal also includes adopting an additional chapter from NIST Handbook 130 titled, "Uniform Regulation for National Type Evaluation." This section replaces chapter 16-664 WAC, National type evaluation program, which is being repealed concurrently. The purpose of the NTEP is to assure everyone that a particular model or type of weighing device is capable of meeting applicable standards.
Reasons Supporting Proposal: The purpose of this chapter is to establish 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. The department is proposing to adopt the most recent version of NIST Handbook 44, 130 (with modifications), and 133. The NIST handbooks are national consensus codes that establish industry standards for weighing and measuring devices, legal metrology, engine fuel quality, net contents of packaged goods, and specifications and tolerances for reference standards and field standard weights and measures. The department adopts these handbooks in order to maintain uniformity with other states where appropriate.
Statutory Authority for Adoption: RCW 19.94.190, 19.94.195, 19.112.020, and 19.112.140, and chapter 34.05 RCW.
Statute Being Implemented: RCW 19.94.190, 19.94.195, 19.112.020, and 19.112.140.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jerry Buendel, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-1856.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Analysis of the economic effects of the proposed rule amendments demonstrates that the changes will not be more than a minor cost to small business in the regulated industry. The agency makes some modifications to the adopted standards to accommodate state needs and current practices in order to decrease economic impacts.
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).
July 2, 2014
Mark Streuli
Deputy Director
AMENDATORY SECTION (Amending WSR 13-03-054, filed 1/11/13, effective 2/11/13)
WAC 16-662-100 Purpose.
(1) This chapter establishes, under the authority of the Washington state department of agriculture (WSDA), requirements for the state of Washington that are reasonably consistent with the uniform rules adopted by the National Conference on Weights and Measures (NCWM) and 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 NIST Handbook 44;
(b) Uniform regulation for weighing and measuring devices under the National Type Evaluation Program (NTEP) addressed in NIST Handbook 130;
(c) Uniform procedures for checking the net contents of packaged goods addressed in NIST Handbook 133;
(((c))) (d) Uniform packaging and labeling regulation addressed in NIST Handbook 130;
(((d))) (e) Uniform regulation for the method of sale of commodities addressed in NIST Handbook 130;
(((e))) (f) Uniform examination procedure for price verification addressed in NIST Handbook 130;
(((f))) (g) Engine fuels, petroleum products, and automotive lubricants regulation addressed in NIST Handbook 130;
(((g))) (h) Specifications and tolerances for reference standards and field standard weights and measures addressed in the NIST Handbook 105 series; and
(((h))) (i) Requirements for the retail sale and advertising of motor fuel.
(3)(a) NIST Handbook 44, NIST Handbook 130, NIST Handbook 133, and NIST Handbooks 105 are available on the NIST web site at http://www.nist.gov/pml/wmd/pubs/handbooks.cfm or may be purchased ((from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 and are available on the National Institute of Standards and Technology web site at http://www.nist.gov/pml/wmd/pubs/handbooks.cfm.
(b))) on the NCWM web site at http://www.ncwm.net/publications or by mail from the National Conference on Weights and Measures, 1135 M Street, Suite 110, Lincoln, Nebraska 68508. Copies of the NIST handbooks and ASTM standards are available for viewing at the Washington State Department of Agriculture, 2nd Floor, Natural Resources Building, 1111 Washington Street S.E., Olympia, WA 98504-2560.
(b) You may search the NTEP data base for certificates of conformance (CC) on the NCWM web site at http://www.ncwm.net/ntep/cert_search.
(c) For information regarding the contents and application of these publications and data base, 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 wts&measures@agr.wa.gov.
AMENDATORY SECTION (Amending WSR 13-03-054, filed 1/11/13, effective 2/11/13)
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
((2013)) 2014 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
((2013)) 2014 Edition of NIST Handbook 133 - Checking the Net Contents of Packaged Goods
(3) The requirements for packaging and labeling, method of sale of commodities, national type evaluation, examination procedures for price verification, and engine fuels, petroleum products and automotive lubricants
((2013)) 2014 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, ((2013)) 2014 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, ((2013)) 2014 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, ((2013)) 2014 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, ((2013)) 2014 Edition.
(e) Weights and measures requirements for national type evaluation
Uniform Regulation for National Type Evaluation as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2014 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.
AMENDATORY SECTION (Amending WSR 13-03-054, filed 1/11/13, effective 2/11/13)
WAC 16-662-115 Modifications to NIST Handbook 130.
((The)) (1) 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 the existing text in section 2.20.1((. Method of Retail Sale.)) with the following: "Type of Oxygenate must be Disclosed((, to read: ")).
 
 
(a) 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.
 
 
(b) 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.
 
 
(c) Gasoline-ethanol blend fuels containing not more than ten percent, by volume, must be labeled "Contains up to 10% Ethanol."
 
 
(d) 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: E40 Ethanol). E85 fuel ethanol shall be identified and labeled in accordance with section 3.8. E85 Fuel Ethanol.
 
 
(e) 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)) Replace the existing text in section 2.20.2. Documentation for Dispenser Labeling Purposes, ((to read)) with: "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)) Modify the existing text to add: "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)) Modify the existing text to add the following: "2.31.2.5. Labeling of Retail Dispensers Containing Not More Than 5% Biodiesel.
 
 
(a) Each retail dispenser of biodiesel or biodiesel blend containing not more than five percent biodiesel must be labeled "May contain up to 5% Biodiesel."
 
 
(b) This information shall be posted on the upper 50% 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)."
 
((Add a new subsection which reads)) Modify the existing text to add the following: "2.31.2.6. Labeling of Retail Dispensers Containing More Than 5% Biodiesel.
 
 
(a) 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).
 
 
(b) This information shall be posted on the upper 50% 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)."
(((5))) Section 2.31.4. Exemption
Modify the existing text to delete section 2.31.4.
(((6))) Section 2.34. Retail Sales of Electricity Sold as a Vehicle Fuel
Modify the existing text to delete section 2.34.
((The)) (2) 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 2.1.2. Gasoline-Ethanol Blends
((Modify)) Replace the existing text in section 2.1.2((. to read)) with the following: "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 60°C (140°F)
 
 
 
(2) Class 2 shall be 56°C (133˚F)
 
 
 
(3) Class 3 shall be 51°C (124°F)
 
 
 
(4) Class 4 shall be 47°C (116°F)
 
 
 
(5) Class 5 shall be 41°C (105°F)
 
or
 
 
(b) The blend shall meet the requirements of ASTM D4814."
 
((Add a new subsection to read)) Modify the existing text to add the following: " 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 the existing text in section 3.2.6((. to read)) with the following: "Type of Oxygenate must be Disclosed.
 
 
(a) 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).))
 
 
(b) 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))
 
 
(c) Gasoline-ethanol blend fuels containing not more than ten percent, by volume, must be labeled "Contains up to 10% Ethanol."
 
 
(d) 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)) E40 Ethanol). E85 fuel ethanol shall be identified and labeled in accordance with section 3.8. E85 Fuel Ethanol.
 
 
(e) This information shall be posted on the upper 50% 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)."
(((6))) Section 3.2.7. Documentation for Dispenser Labeling Purposes
Modify the existing text in section 3.2.7((. to read)) with the following: "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)) Modify the existing text in section 3.9.2 to add: "(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.) This information shall be posted on the upper 50% 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)."
(((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:)) Modify the existing text in subsection 3.15.2 to add: "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:)) Modify the existing text in subsection 3.15.2 to add: "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)."
 
Modify the existing text in subsection 3.15.2 to add: "3.15.2.7. Placement of label. Labels shall be posted on the upper 50% 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)."
(((12))) Section 3.15.4. Exemption
Delete section 3.15.4.
(3) WSDA adopts the following modifications to the listed sections of the Uniform Regulation for National Type Evaluation requirements published in NIST Handbook 130, identified in WAC 16-662-105 (3)(e):
Modified Section:
Modification:
Section 2.3. Director
Modify the existing text in section 2.3 with the following: "Director – Means the director of the Washington state department of agriculture."
Section 4. Prohibited Acts and Exemptions
Modify the existing text in section (c) with the following: "A device in service in this state prior to July 5, 1997, that meets the specifications, tolerances, and other technical requirements of the National Institute of Standards and Technology Handbook 44 shall not be required to be traceable to an active CC."
 
Modify the existing text in section (d) with the following: "A device in service in this state prior to July 5, 1997, removed from service by the owner or on which the department has issued a removal order after July 5, 1997, and returned to service at a later date shall be modified to meet all specifications, tolerances, and other technical requirements of the National Institute of Standards and Technology Handbook 44 effective on the date of the return to service. Such a device shall not be required to be traceable to an active CC."
 
Modify the existing text in section (e) with the following: "A device in service in this state prior to July 5, 1997, which is repaired after such date shall meet the specifications, tolerances, and other technical requirements of the National Institute of Standards and Technology Handbook 44 and shall not be required to be traceable to an active CC."
 
Modify the existing text in section (f) with the following: "A device in service in this state prior to July 5, 1997, that is still in use may be installed at another location in this state provided the device meets requirements in effect as of the date of installation in the new location; however, the device shall not be required to be traceable to an active CC."
 
Modify the existing text in section (g) with the following: "A device in service in this state prior to July 5, 1997, may be installed in this state; however, the device shall meet the specifications, tolerances, and other technical requirements for weighing and measuring devices in the National Institute of Standards and Technology Handbook 44 and be traceable to an active CC."
Section 5. Participating Laboratory and Agreements
Modify the existing text to delete section 5.
Section 6. Revocation of Conflicting Regulations
Modify the existing text to delete section 6.
Section 7. Effective Date
Modify the existing text to delete section 7.
AMENDATORY SECTION (Amending WSR 12-02-021, filed 12/28/11, effective 1/28/12)
WAC 16-662-120 Inspections of the net contents of packaged goods under NIST Handbook 133.
WSDA will inspect((s)) packages using either "used dry tare" or "unused dry tare" in accordance with the procedures ((outlined)) in NIST Handbook 133 and as defined in Appendix F Glossary. WSDA does not use "wet tare" in inspecting packages.
AMENDATORY SECTION (Amending WSR 13-03-054, filed 1/11/13, effective 2/11/13)
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)) one-third the size of the posted price and immediately adjacent thereto.
(2) The posted or advertised grade of fuel must be clearly displayed in letters of contrasting color at least one-sixth the size of the posted price and immediately adjacent thereto.
(3) 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)) one-third the size of the posted price and immediately adjacent thereto.
(((3))) (4) If mixed case letters are used to display the grade of the fuel and any condition or qualification, the size requirements of the letters apply to the upper case letters and any lower case letters must be in proportionate scale.
(5) 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))) (6) Posted prices of motor fuels at retail outlets shall include all federal, state, and local taxes.
NEW SECTION
WAC 16-662-150 Unlawful acts—National type evaluation program (NTEP).
It shall be unlawful for a person to:
(1) Use a device in commercial application if a Certificate of Conformance has not been issued for such device, unless exempt under WAC 16-662-105 (3)(e).
(2) Sell a device for use in commercial application if a Certificate of Conformance has not been issued for such device, unless exempt under WAC 16-662-105 (3)(e).
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 16-662-110
Modifications to NIST Handbook 44.
REPEALER
The following chapter of the Washington Administrative Code is repealed:
WAC 16-664-010
Purpose.
WAC 16-664-020
Definitions.
WAC 16-664-030
Certificate of Conformance—When required.
WAC 16-664-040
Commercial and law enforcement equipment—Certificate of Conformance—Requirements—Exemptions—One-of-a-kind device—Repaired device—Remanufactured device—Device copy—Components.
WAC 16-664-050
Unlawful acts.
WAC 16-664-060
Penalty.