§ 47-18-1301. Short Title
This part shall be known and may be cited as the “Kerosene and Motor Fuels Quality Inspection Act of 1989.”
§ 47-18-1302. Legislative Intent
It is the intent of the general assembly, through this enactment, to promote and protect the public health, safety and welfare by ensuring that kerosene and motor fuels: Are adequately labeled and posted; and Meet or exceed certain minimum standards of quality.
§ 47-18-1303. Part Definitions
As used in this part, unless the context otherwise requires: “American Society for Testing and Materials (ASTM)” means the national scientific and technical organization formed for the development of standards on characteristics and performance of materials, products, systems, and services, and the promotion of related knowledge; “Commissioner” means the Tennessee commissioner of agriculture or a […]
§ 47-18-1304. Labeling and Posting — Standards — Waiver of Standards or Alternative Standards
Kerosene and motor fuels conveyed for consumption in Tennessee shall be labeled and posted in accordance with applicable federal and state law. Kerosene and motor fuels conveyed for consumption in Tennessee shall meet the standards established for such products in the annual book of ASTM standards, and supplements thereto; provided, that by duly promulgated rule: […]
§ 47-18-1305. Inspections and Testing
The commissioner shall implement and administer an inspection and testing program to enforce compliance with § 47-18-1304. The commissioner is authorized to contract for the performance of all, or any portion of, required on-site inspections, sample collection, sample transportation and sample testing. The test results of kerosene and motor fuel analyses shall constitute open records […]
§ 47-18-1306. Samples for Testing — Testing of Ethanol or Methanol
Upon request of a field inspector, a person who conveys kerosene or motor fuel for consumption in Tennessee shall immediately provide the department, free of cost, samples of kerosene or motor fuel. Samples shall be pumped, pulled, drawn, or otherwise procured in the presence of the field inspector. The department shall test the samples for […]
§ 47-18-1307. Sanctions for Violations — Penalties
If a person or the person’s agent or employee conveys, or offers to convey, kerosene or motor fuel in violation of § 47-18-1304, then the person shall be subject to an administrative fine, to issuance of a stop-sale order, or to both, in the discretion of the commissioner. A stop-sale order shall be issued by […]
§ 47-18-1308. Officials or Employees Administering or Enforcing Part — Reports of Interests in Conveyances — Restrictions on Use of Samples
Each official and employee within the department, and each official and employee of a person contracting with the department, who is directly or indirectly involved in the administration or enforcement of this part, and who has a direct or indirect interest in the conveyance of kerosene or motor fuel for consumption in Tennessee, shall annually […]
§ 47-18-1309. Rules and Regulations — Contested Cases
In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the department shall promulgate such rules as may be necessary to effectively and efficiently administer and enforce this part. Such rules shall include, but shall not necessarily be limited to: Registration and disclosure procedures and requirements mandated by § 47-18-1304; Identification […]
§ 47-18-1310. Report to Governor and General Assembly
Each year, on or before September 15, the commissioner shall distribute to the governor and to the chairs of the transportation committee of the house of representatives and the transportation and safety committee of the senate a report entitled, “Annual Report on the Quality of Kerosene and Motor Fuel in Tennessee.” The report shall summarize, […]
§ 47-18-1311. Funding
Implementation and administration of this part shall be subject to an annual appropriation for such purpose as contained within the general appropriations act. The commissioner of finance and administration shall transfer from highway user tax revenues allocated to the highway fund an amount sufficient to support the annual appropriation for implementation and administration of this […]