CHAPTER 208

(HB 1201)

Ethanol labeling requirements.


         ENTITLED, An Act to  revise the labeling requirements for certain types of motor fuel.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 37-2-30 be amended to read as follows:

     37-2-30.   Any gasoline kept, offered, or exposed for sale, or sold, at retail containing two percent or more by volume of any oxygenate or combination of oxygenates shall be identified as "with" or "contains" to the specific type of oxygenate or combination of oxygenates in the gasoline. For example, The label may consist of any combination of colors and the label may read "contains ethanol , E10, or ethanol blend . " This information shall be posted on the upper fifty percent of the dispenser front panel in a position that is clear and conspicuous from the driver's position . The words shall be in a type at least one one-quarter inch in height and a width of type of at least one-sixteenth inch stroke.

     Section  2.  That § 20:01:10:01be repealed.

     Section  3.  That § 37-2-6 be amended to read as follows:

     37-2-6.   The secretary of the Department of Revenue and Regulation may in accordance with , pursuant to chapter 1-26 make such rules and regulations as are necessary to carry out the provisions of §§ 37-2-5 to 37-2-24, inclusive.

     The rules shall be , and in general conformity with ASTM standards . The secretary may adopt , promulgate rules:

             (1)      Establishing standards for the maximum volume percentages of ethanol, methanol, ether, and cosolvents in alcohol blended fuels;

             (2)      Establishing a program for and prescribing the methods to be used for the inspection and testing of alcohol blended fuels and petroleum products;

             (3)      Requiring labeling of devices dispensing alcohol blended fuels to disclose the percentage by volume of the fuel which is alcohol ;

             (4)      Establishing standards setting the specifications and tolerance requirements for petroleum products; and

             (5)      Regulating the filtering system to be used on devices dispensing alcohol blended fuels.

     Signed February 22, 2005

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