(2) The State Department of Agriculture shall adopt standards for gasoline blended with ethanol that is sold in this state. The standards that the department adopts shall require that the gasoline blended with ethanol:
(a) Contains ethanol that is derived from agricultural or woody waste or residue;
(b) Complies with the volatility requirements specified in 40 C.F.R. part 80;
(c) Complies with ASTM International specification D 4814, Standard Specification for Automotive Spark-Ignition Engine Fuel;
(d) Is not blended with casinghead gasoline, absorption gasoline, drip gasoline or natural gasoline after the gasoline has been sold, transferred or otherwise removed from a refinery or terminal; and
(e) Contains denatured fuel ethanol that complies with ASTM International specification D 4806, Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel.
(3) The department may review specifications adopted by ASTM International, or equivalent organizations, and federal regulations and revise the standards adopted under this section as necessary.
(4) A wholesale dealer, retail dealer or nonretail dealer may sell or offer for sale gasoline that is not blended with ethanol if the gasoline has an octane rating, as defined in ORS 646.945, of 91 or above or if the gasoline is for use in:
(a) An aircraft:
(A) With a supplemental type certificate approved by the Federal Aviation Administration that allows the aircraft to use gasoline that is intended for use in motor vehicles; or
(B) Issued a type certificate by an aircraft engine manufacturer that allows the aircraft to use gasoline that is intended for use in motor vehicles;
(b) An aircraft that has been issued an experimental certificate, as described in 14 C.F.R. 21.191, by the Federal Aviation Administration and for which the manufacturer’s specifications require the use of gasoline that is intended for use in motor vehicles;
(c) A light-sport aircraft, as defined in 14 C.F.R. 1.1, for which the manufacturer’s specifications require the use of gasoline that is intended for use in motor vehicles;
(d) A vintage aircraft, as defined by the Oregon Department of Aviation by rule, for which the manufacturer’s specifications require the use of gasoline that is intended for use in motor vehicles;
(e) An antique vehicle, as defined in ORS 801.125;
(f) A Class I all-terrain vehicle, as defined in ORS 801.190;
(g) A Class III all-terrain vehicle, as defined in ORS 801.194;
(h) A Class IV all-terrain vehicle, as defined in ORS 801.194 (2);
(i) A racing activity vehicle, as defined in ORS 801.404;
(j) A snowmobile, as defined in ORS 801.490;
(k) Tools, including but not limited to lawn mowers, leaf blowers and chain saws; or
(L) A watercraft. [2007 c.739 §18; 2008 c.44 §4; 2009 c.786 §1; 2011 c.360 §11; 2017 c.141 §2; 2021 c.368 §1]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 646 - Trade Practices and Antitrust Regulation
Section 646.020 - Definitions and explanations.
Section 646.040 - Price discrimination prohibited; price differentials.
Section 646.461 - Definitions for ORS 646.461 to 646.475.
Section 646.463 - Enjoining misappropriation; payment of royalties; affirmative acts.
Section 646.465 - Damages for misappropriation.
Section 646.467 - Attorney fees.
Section 646.515 - Definitions for ORS 646.515 to 646.545.
Section 646.535 - Unfair trade practices prohibited; exception.
Section 646.545 - Remedy for unfair trade practices; attorney fees.
Section 646.551 - Definitions for ORS 646.551 to 646.557.
Section 646.557 - Required disclosures by telephonic seller.
Section 646.561 - Definitions for ORS 646.561 to 646.565.
Section 646.567 - Definitions for ORS 646.567 to 646.578.
Section 646.568 - Findings and purpose.
Section 646.605 - Definitions for ORS 336.184 and 646.605 to 646.652.
Section 646.607 - Unlawful business, trade practices.
Section 646.608 - Additional unlawful business, trade practices; proof; rules.
Section 646.612 - Application of ORS 646.607 and 646.608.
Section 646.618 - Investigative demand; petition to modify.
Section 646.622 - Method of serving investigative demand.
Section 646.626 - Effect of failure to obey investigative demand.
Section 646.639 - Unlawful collection practices.
Section 646.642 - Civil penalties.
Section 646.647 - Unlawful use of recording group name; exceptions.
Section 646.648 - Unlawful practice by manufactured dwelling dealer.
Section 646.705 - Definitions for ORS 136.617 and 646.705 to 646.805.
Section 646.715 - Declaration of purpose.
Section 646.736 - Public policy; certain cooperative activities not unlawful.
Section 646.740 - Permitted activities.
Section 646.750 - Investigative demand by Attorney General; petition to modify.
Section 646.760 - Civil penalties; attorney fees; mitigation.
Section 646.770 - Equitable remedies; attorney fees.
Section 646.775 - Actions by Attorney General; damages; attorney fees.
Section 646.800 - Time of commencing action.
Section 646.805 - Effect of prior final judgment or decree.
Section 646.881 - Definitions for ORS 646.881 to 646.885.
Section 646.883 - Price comparison in advertisement prohibited; exceptions.
Section 646.885 - Use of terms in advertisement containing price comparison.
Section 646.905 - Definitions for ORS 646.910 to 646.923.
Section 646.930 - Motor vehicle fuel prices; requirements for display.
Section 646.935 - Diesel fuel sales; price discrimination.
Section 646.945 - Definitions for ORS 646.947 to 646.963.
Section 646.947 - Prohibited activities.
Section 646.949 - Signs identifying octane rating.
Section 646.951 - Testing of motor vehicle fuel.
Section 646.953 - Orders of Director of Agriculture.
Section 646.955 - Records required.
Section 646.959 - Annual fee for metering instrument or device.