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Article 1 - Brake Fluid.
Section 8-17-1 - Definitions. - For the purpose of this article, the following words shall...
Section 8-17-2 - Registration and Permit for Sale or Distribution. - (a) Before any brake fluid shall be sold, offered for...
Section 8-17-3 - When Deemed Adulterated. - Brake fluid shall be deemed to be adulterated unless it...
Section 8-17-4 - When Deemed Misbranded. - Brake fluid shall be deemed to be misbranded if its...
Section 8-17-5 - Sale, etc., Prohibited if Misbranded, Adulterated or Unregistered. - No person shall sell, offer for sale, keep for sale,...
Section 8-17-6 - Promulgation of Rules and Regulations; Product to Meet Standards and Other Requirements. - (a) The Commissioner of Agriculture and Industries, with the approval...
Section 8-17-7 - Suspension From Sale, Seizure and Condemnation for Violations; Sale, etc., Prohibited After Suspension. - (a) Any brake fluid sold, offered for sale, kept for...
Section 8-17-8 - Inspection and Testing. - The Commissioner of Agriculture and Industries and his agents, representatives...
Section 8-17-9 - Penalty for Violation of Article. - Any person who shall sell, offer for sale, or distribute...
Article 2 - Caustic or Corrosive Substances.
Section 8-17-20 - Definitions. - For the purposes of this article, the following terms shall...
Section 8-17-21 - Selling, etc., in Misbranded Container, Etc. - No person shall sell, barter or exchange, receive, hold, pack,...
Section 8-17-22 - Confiscation, etc., of Misbranded Containers, Etc. - Any dangerous caustic or corrosive substance in a misbranded parcel,...
Section 8-17-23 - Enforcement of Article; Approval and Registration of Brands and Labels; Rules and Regulations. - The Commissioner of Agriculture and Industries shall enforce the provisions...
Section 8-17-24 - Penalty for Violation of Article. - Any person violating the provisions of this article shall be...
Article 3 - Linseed Oil.
Section 8-17-40 - Standards for Raw Linseed Oil. - No person shall sell or take orders for sale and...
Section 8-17-41 - Standards for Boiled Linseed Oil. - No person shall sell or take orders for sale and...
Section 8-17-42 - Labeling of Original, Unbroken Containers. - No person shall sell any linseed or flaxseed oil unless...
Section 8-17-43 - Mixture or Substitute to Be Marked and Sold as Such. - (a) No person shall sell or take orders for sale...
Section 8-17-44 - Enforcement of Article; Suspension From Sale, Seizure, etc., of Illegal Products. - (a) The Commissioner of Agriculture and Industries through the facilities...
Section 8-17-45 - Penalty for Violation of Article. - Any person violating any provision of this article or the...
Article 5 - Petroleum Products.
Division 1 - Standards and Inspections Generally.
Section 8-17-80 - Definitions. - (a) The following words and phrases, when used in this...
Section 8-17-81 - Determination and Adoption of Standards and Methods of Tests; Promulgation of Rules; Effect of Prior Standards. - (a) The Board of Agriculture and Industries shall have the...
Section 8-17-82 - Labeling Requirement. - (a) Each person selling, offering for sale, storing or using...
Section 8-17-83 - Adulteration or Lowering of Standard Prohibited. - It shall be unlawful for any person who has purchased...
Section 8-17-84 - Records to Be Kept; Preservation and Inspection of Records; Regulations as to Keeping of Records. - (a) Each person required to be licensed under Section 40-17-332(a),...
Section 8-17-85 - Examinations and Tests; Permit Required for Sale, Storage, etc.; Permit Application, Fee and Expiration Date; Nonapplicability of Section to Certain Persons. - (a) All petroleum products sold, offered for sale, used or...
Section 8-17-86 - Duty to Test Samples; Certificate of Tests. - (a) It is the duty of the Commissioner of Agriculture...
Section 8-17-87 - Inspection Fee. - (a) An inspection fee is imposed on the ultimate consumer...
Section 8-17-88 - Sale, Storage, etc., of Nonstandard Products Prohibited; Suspension From Sale, Condemnation, etc., of Nonstandard Products. - (a) No person shall sell, offer for sale, store, use...
Section 8-17-89 - Notification; Duty of Importer. - Repealed by Act 2015-54, ยง2, effective October 1, 2016.
Section 8-17-90 - Driver of Delivery Vehicle to Deliver Invoice. - No sale or delivery of petroleum products shall be made...
Section 8-17-91 - Disposition of Funds; Overpayments. - (a) The proceeds from the permit fees, inspection fees, and...
Section 8-17-92 - Injunctive Relief. - (a) In addition to penalty and other enforcement provisions of...
Section 8-17-93 - Penalty for Violation; Revocation of Permits. - (a) Any person who sells, offers for sale, stores, or...
Section 8-17-94 - Division Not Applicable to Certain Shipments. - The provisions of this division shall not be construed to...
Section 8-17-95 - (Effective October 1, 2016) Floor-Stocks Inspection Fee. - (a) There is hereby imposed a floor-stocks inspection fee on...
Section 8-17-96 - Inspection Fee Permit; Liability of Surety. - (a) The supplier or permissive supplier of gasoline or undyed...
Section 8-17-97 - Collection and Payment of Inspection Fee; Filing Requirements; Rulemaking Authority. - (a) It shall be the duty of the person first...
Section 8-17-98 - (Effective October 1, 2016) Inspection Fee of Ultimate Consumers Having Submitted Refund Petition. - (a) Having submitted a refund petition for the excise tax...
Section 8-17-99 - Deduction on Monthly Returns. - (a) The person first selling, the person importing, or the...
Section 8-17-100 - (Effective October 1, 2016) Refusal of Inspection Fee Permit; Appeals. - (a) The Department of Revenue may refuse to issue an...
Section 8-17-101 - Cancellation of Inspection Fee Permit. - (a) In accordance with the provisions of Chapter 2A of...
Section 8-17-102 - Filing of Returns. - Every return required to be filed under this article shall...
Division 2 - Reclaimed or Re-Refined Oil.
Section 8-17-110 - Definitions. - The terms "reclaimed oil" or "re-refined oil," as used in...
Section 8-17-111 - Labeling Requirements. - It shall be unlawful for any person, firm, corporation or...
Section 8-17-112 - Advertising. - It shall be unlawful for any person, firm, corporation or...
Section 8-17-113 - Enforcement of Division. - The Commissioner of Agriculture and Industries is charged with the...
Section 8-17-114 - Suspension From Sale, Seizure, Condemnation, etc., of Illegal Oil. - Any reclaimed or re-refined oil kept for sale or offered...
Section 8-17-115 - Nonapplicability of Division to Certain Sales. - The provisions of this division shall not apply to oil...
Section 8-17-116 - Penalty for Violation of Division. - Any person, firm, corporation or association violating any of the...
Division 3 - Fraud and Deceit in Sale.
Section 8-17-130 - Deceit in Sales. - It shall be unlawful for any person to knowingly sell,...
Section 8-17-131 - Marking of Pumps, Etc. - Liquid Motor Fuels. - Every person conducting a place of business from which any...
Section 8-17-132 - Marking of Pumps, Etc. - Lubricating Oils and Motor Greases. - Every person selling or offering for sale, at retail to...
Section 8-17-133 - Removing Markings on Equipment, Etc. - It shall be unlawful for any person to intentionally erase,...
Section 8-17-134 - Selling, etc., Under Other Name; Adulteration of Products. - It shall be unlawful for any person to sell, expose,...
Section 8-17-135 - Selling, etc., Product Other Than That Indicated. - It shall be unlawful for any person to store, keep,...
Section 8-17-136 - Changing Contents of Containers. - It shall be unlawful for any person to deposit or...
Section 8-17-137 - Imitation of Markings, etc., of Others With Intent to Deceive. - It shall be unlawful for any person to imitate the...
Section 8-17-138 - Enforcement of Division. - (a) The Commissioner of Agriculture and Industries shall enforce the...
Section 8-17-139 - Penalty for Violation of Division. - Any person who shall violate any of the provisions of...
Division 4 - Posting Price and Tax.
Section 8-17-150 - "Motor Vehicle" Defined. - The term "motor vehicle," as used in this division, shall...
Section 8-17-151 - Purpose and Construction of Division. - The purpose of this division is to render general information...
Section 8-17-152 - Posting of Price Required. - It shall be unlawful for any person, firm, or corporation...
Section 8-17-153 - Jurisdiction in Enforcement of Division. - District courts shall have original and concurrent jurisdiction along with...
Section 8-17-154 - Enforcement of Division. - (a) The Commissioner of Agriculture and Industries shall enforce the...
Section 8-17-155 - Penalty for Violation of Division. - A violation of this division shall constitute a misdemeanor, punishable...
Article 6 - Turpentine.
Section 8-17-170 - Standards. - (a) No person shall sell or take orders for sale...
Section 8-17-171 - Labeling Requirements Generally. - No person shall sell any oil of turpentine unless it...
Section 8-17-172 - Sale of Substitutes; Labeling of Tanks, etc., Containing Substitutes. - (a) No person shall sell or take orders for sale...
Section 8-17-173 - Enforcement of Article; Rules and Regulations; Applicability of Section 2-2-30, Et Seq. - (a) The Commissioner of Agriculture and Industries, through the facilities...
Section 8-17-174 - Penalty for Violation of Article. - (a) Any failure to label any article as specified in...
Article 7 - Liquefied Petroleum Gas.
Section 8-17-190 - Weighing or Metering of Liquefied Petroleum Gas Upon Purchase; Issuance to Purchaser or Agent of Invoice as to Amount Purchased. - (a) All liquefied petroleum gas which is purchased from gas...
Article 8 - Fireworks.
Section 8-17-210 - Definitions. - As used in this article, the following terms shall have...
Section 8-17-211 - Permit for Manufacture, Sale, etc., of Fireworks or Pyrotechnics for Use Before a Proximate Audience; Record of Sales; Enforcement. - (a) It shall be unlawful for any person to manufacture,...
Section 8-17-212 - Assignment and Utilization of Permit Numbers. - The State Fire Marshal shall assign a number to each...
Section 8-17-213 - Requirement That Consignee Produce Permit, etc., Prior to Delivery, Sale, etc., of Fireworks; Requirement That Purchaser of Fireworks Obtain Proof That Seller Possesses Permit; Keeping of Records by Permit Holders. - No person shall deliver, sell or ship fireworks into or...
Section 8-17-214 - Revocation of Permit for Reasons of Purchasing, Receiving, etc., Illegal Fireworks; Notice of Revocation; Refusal to Issue New Permit to Holder Whose Permit Is Cancelled or Revoked. - (a) The State Fire Marshal may revoke any permit issued...
Section 8-17-215 - Effect of Article on State, County, and Municipal License Requirements; Requirement of Proof of Current and Valid Sales Tax Number. - The issuance of the permit herein required does not replace...
Section 8-17-216 - Permits for Sale, Use, etc., of Special Fireworks for Public Displays. - (a) Nothing in this article shall be construed as applying...
Section 8-17-216.1 - Use of Pyrotechnics Before a Proximate Audience. - (a) The use of pyrotechnics before a proximate audience shall...
Section 8-17-217 - Permissible Items of Fireworks. - (a) It shall be unlawful for an individual, firm, partnership,...
Section 8-17-218 - Sale, Use, etc., of Special Class B Commercial Type Ground Salutes. - All items of fireworks which exceed the two grain limit...
Section 8-17-219 - Conformance of Permissible Items to Nomenclature of Section 8-17-217; Identification Marks on Items. - No permissible article of fireworks or related items defined in...
Section 8-17-220 - Authorization for Retail Sales of Permissible Items of Fireworks; Items for Which Special Fireworks Permit at No Time Required. - Permissible items of fireworks, defined in Section 8-17-217, may be...
Section 8-17-221 - Requirements as to Storage, Display, etc., of Fireworks; Retail Sales of Fireworks From Tents, Motor Vehicles, etc.; Inspection by State Fire Marshal, etc., of Premises Where Fireworks Are to Be Stored or Sold. - (a) Placing, storing, locating, or displaying of fireworks in any...
Section 8-17-222 - Sale, etc., of Fireworks to Persons Under 16 or Intoxicated or Irresponsible Persons; Display of Identification by Persons Purchasing Fireworks; Acts Constituting Unlawful Explosion or Ignition of Fireworks. - It shall be unlawful to offer for sale or to...
Section 8-17-223 - Applicability of Article. - Nothing in this article shall be construed as applying to...
Section 8-17-224 - Penalty. - Any individual, firm, partnership or corporation that violates any provisions...
Section 8-17-225 - Authority of State Fire Marshal to Seize and Destroy Illegal Fireworks. - The State Fire Marshal shall seize as contraband any fireworks...
Section 8-17-226 - Effect of Article on Validity of City Ordinances. - (a) This article does not affect the validity of any...
Article 8A - Pyrotechnic Displays.
Section 8-17-230 - Definitions. - For the purposes of this article, the following terms shall...
Section 8-17-231 - Regulation and Licensing of Pyrotechnic Displays. - (a) The State Fire Marshal shall regulate pyrotechnic displays and...
Section 8-17-232 - Pyrotechnic Special Effects License. - (a) A person may not provide pyrotechnics display, special effects,...
Section 8-17-233 - Reciprocity. - (a) The State Fire Marshal may license pyrotechnic display operators...
Section 8-17-234 - Use of Fireworks by Unlicensed Companies or Individuals. - (a) An unlicensed company or individual that plans to conduct...
Section 8-17-235 - Use of Hazardous Explosive Materials for Entertainment Purposes. - The use of hazardous explosive materials for entertainment purposes not...
Section 8-17-236 - Licensing of Certified Lead Technicians. - (a) Any person who is certified as a lead technician...
Section 8-17-237 - Validity of License; Disposition of Fees. - (a) A pyrotechnics display operator license or pyrotechnic special effects...
Section 8-17-238 - Violations. - Any individual, firm, partnership, or corporation that violates this article...
Section 8-17-239 - Construction of Article. - This article shall be read in pari materia with Article...
Article 9 - Explosives.
Section 8-17-240 - Short Title. - This article shall be known and may be cited as...
Section 8-17-241 - Definitions. - The following words and phrases used in this article shall...
Section 8-17-242 - Rules and Regulations; Orders; Employment of Personnel and Purchasing of Equipment. - (a) In addition to any other legal powers, the State...
Section 8-17-243 - Blaster Certification. - (a) Every person engaged in any use of explosives regulated...
Section 8-17-244 - Refusing, Suspending, Revoking, or Failing to Renew Certification. - (a) A person may be refused certification, a duly issued...
Section 8-17-245 - Office May Reissue Certification Card. - In the event a blaster certification card is revoked, suspended,...
Section 8-17-246 - Records to Be Maintained on Blasting Operations. - (a) A record of each blast shall be kept in...
Section 8-17-247 - Blasting Contractor License. - (a) Unless otherwise exempted by this article, no person shall...
Section 8-17-248 - Municipal Explosives Use Permit. - (a) No person, unless otherwise exempted by this article, shall...
Section 8-17-249 - Suspension or Revocation of Certification or License for Certain Actions. - (a) The office may suspend or revoke the certification or...
Section 8-17-250 - Variations From Requirements. - (a) The office may approve variations from the requirements of...
Section 8-17-251 - Article Preempts Certain Ordinances and Regulations. - This article is intended to and shall preempt and supersede...
Section 8-17-252 - Inspection Where Reasonable Belief of Violation; Notification; Citation; Civil Action for Relief. - (a) Whenever the office or local issuing authority has reason...
Section 8-17-253 - Penalty for Violation of Act. - Any person found guilty of violating this article, or any...
Section 8-17-254 - Exceptions. - (a) Nothing contained in this article shall apply to: (1)...
Section 8-17-255 - Disposition of Funds. - All sums received through the payment of fees and the...
Section 8-17-256 - Determining Compliance With Article. - In determining compliance with this article, the authorized representatives of...
Article 10 - Cigarette Ignition Propensity Standards.
Section 8-17-270 - Short Title. - This article shall be known as the Reduced Cigarette Ignition...
Section 8-17-271 - Definitions. - As used in this article, the following terms shall have...
Section 8-17-272 - Testing and Certification of Cigarettes. - (a) Except as provided in subsection (g), no cigarettes may...
Section 8-17-273 - Manufacturer to Submit Written Certification; Recertification; Fee. - (a) Each manufacturer shall submit to the State Fire Marshal...
Section 8-17-274 - Fire Standards Compliant Marking. - (a) Cigarettes that are certified by a manufacturer in accordance...
Section 8-17-275 - Violations. - (a) A manufacturer, wholesale dealer, agent, or any other person...
Section 8-17-276 - Promulgation of Rules; Inspections. - (a) The State Fire Marshal may promulgate rules pursuant to...
Section 8-17-277 - Enforcement. - To enforce this article, the Attorney General, the Department of...
Section 8-17-278 - Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund. - There is hereby established in the State Treasury a special...
Section 8-17-279 - Cigarettes for Sale Outside State. - Nothing in this article shall be construed to prohibit any...
Section 8-17-280 - Federal Preemption. - This article shall be repealed if a federal reduced cigarette...
Section 8-17-281 - Relation to Local Provisions. - This article preempts any local law, ordinance, or regulation that...