Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-20-059.

     Title of Rule and Other Identifying Information: Chapter 16-662 WAC, Weights and measures -- National handbooks, the department is proposing to:

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

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

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

     Hearing Location(s): Washington State Department of Agriculture (WSDA), 1111 Washington Street S.E., 2nd Floor, Room 259, Olympia, WA 98504-2560, on January 9, 2013, at 10:00 a.m.

     Date of Intended Adoption: January 11, 2013.

     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 January 9, 2013.

     Assistance for Persons with Disabilities: Contact Henri Gonzales by January 2, 2013, 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 with modifications, NIST Handbook 130 with modifications, and NIST Handbook 133 in order to maintain uniformity with other states where appropriate. For uniformity with national standards, the department follows provisions of NIST Handbook 105-1 through 8 in activities of its metrology laboratory. The proposal to add NIST Handbook 105 to the rule acknowledges this longstanding practice. Portions of existing chapter 16-657 WAC appear to be obsolete and are proposed for repeal in a concurrent rule-making process. To increase rule clarity and ease of stakeholder access, the department proposes that the remaining requirements in the existing chapter 16-657 WAC be moved to chapter 16-662 WAC.

     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 (with modifications), 105, 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, 19.112.020, 19.112.140, and chapter 34.05 RCW.

     Statute Being Implemented: RCW 19.94.190, 19.112.020, and 19.112.140.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: WSDA, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jerry Buendel, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-1856.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires that an agency must prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on small businesses in a regulated industry. WSDA has determined that WSDA-regulated small businesses may be impacted, but costs are not considered more than minor. WSDA has determined that an SBEIS is not required.

     A cost-benefit analysis is not required under RCW 34.05.328. WSDA is not a listed agency under RCW 34.05.328 (5)(a)(i).

December 5, 2012

Mary A. Martin Toohey

Assistant Director

OTS-5192.2

     (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.]

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.]

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.]

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 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: "((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.]

     (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.

[]

     (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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