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Home » US Law » 2022 Code of Virginia » Title 59.1 - Trade and Commerce » Chapter 12 - Motor Fuels and Lubricating Oils

§ 59.1-149. Definitions

As used in this chapter: “Commissioner” means the Commissioner of Agriculture and Consumer Services or his designated representative. “Gasoline” shall be construed to include naphtha, benzine and other like liquids and fluids derived from petroleum or other sources and used, or intended to be used, for power purposes, except kerosene. “Lubricating oil” means lubricating oils […]

§ 59.1-150. Motor fuel subject to inspection and testing

All motor fuel used, intended to be used, sold or offered for sale or distribution in this Commonwealth, shall be subject to inspection and testing for (i) the purpose of preventing adulteration, misbranding, deception or fraud in the sale thereof or (ii) for any other purpose of assuring compliance with any requirement of this chapter […]

§ 59.1-151. Statements to be filed by manufacturers, wholesalers and jobbers

All manufacturers, wholesalers, and jobbers, before selling or offering for sale in this Commonwealth any motor fuel for the purposes above defined, shall file with the Commissioner a statement that they desire to do business in this Commonwealth, and furnish the brand name, trade name, or trademark of the motor fuel which they desire to […]

§ 59.1-152. Collection and analysis of samples

The Commissioner shall have power at all times and at all places to have collected samples for inspection and testing of any motor fuel or lubricating oil for the purposes specified in § 59.1-150 and for the purpose of determining whether such motor fuel or lubricating oil is in violation of this chapter or regulation […]

§ 59.1-153. Methods of making inspection

In making any inspection and test of a motor fuel or lubricating oil under this chapter, the Commissioner shall follow the specifications for the inspection and testing of that motor fuel or for the lubricating oil established by ASTM International, formerly the American Society for Testing and Materials, and incorporated into the ASTM specifications for […]

§ 59.1-155. Prohibiting sale of defective motor fuel

The Commissioner may prohibit the sale of motor fuel that does not meet the specifications as provided in this chapter or regulations adopted thereunder. Code 1950, § 59-47; 1968, c. 439; 1992, c. 885; 2009, c. 650.

§ 59.1-155.1. Engine coolant and antifreeze bittering agent; penalty

A. Any engine coolant or antifreeze manufactured after January 1, 2011, and sold within the Commonwealth that contains more than 10 percent ethylene glycol shall include not less than 30 parts per million and not more than 50 parts per million denatonium benzoate as a bittering agent in order to render the coolant or antifreeze […]

§ 59.1-156. Rules and regulations

A. The Board of Agriculture and Consumer Services may make all necessary rules and regulations for (i) the inspection and testing of motor fuel and lubricating oil; (ii) assuring that motor fuels dispensed in this Commonwealth comply with any oxygenation requirement specified by the federal Clean Air Act or any other federal environmental requirement pertaining […]

§ 59.1-157. Complaints to Commissioner

The Commissioner shall investigate complaints made to him concerning alleged violations of the provisions of this chapter or regulation adopted thereunder, and shall, upon his own initiative, conduct such investigations as he deems appropriate and advisable. Code 1950, § 59-50; 1968, c. 439; 1992, c. 885.

§ 59.1-162. Cooperation by state agencies

The Commonwealth Transportation Board and the Department of Motor Vehicles are authorized to cooperate, as directed by the Governor, with the Commissioner of Agriculture and Consumer Services in carrying out the provisions of this chapter. Code 1950, § 59-55; 1968, c. 439.

§ 59.1-162.1. Direct fueling of commercial vehicles authorized; conditions

Notwithstanding any other provision of law, the dispensing of diesel fuel from a tank vehicle into the fuel tank of any highway vehicle on the premises of a commercial, industrial, governmental or manufacturing establishment is permitted, provided the following conditions are met: 1. The highway vehicle is used in connection with the business or function […]

§ 59.1-163. Penalty for violation

Any person selling any motor fuel or lubricating oil which does not comply with the specifications provided in this chapter, or violating any of the provisions of the chapter, shall be guilty of a Class 1 misdemeanor. Any dealer in any motor fuel who receives motor fuel meeting the requirements of this chapter and who […]

§ 59.1-164. Duty of attorney for the Commonwealth

It shall be the duty of the attorney for the Commonwealth of the respective cities and counties to prosecute all violations of the provisions of this chapter, when certified to him by the Commissioner. Code 1950, § 59-57; 1968, c. 439.

§ 59.1-165. Chemical analysis as evidence

A certificate of analysis of any motor fuel or lubricating oils shall be admitted into evidence in any case relating to such motor fuel or lubricating oil that involves an alleged violation of this chapter or regulation adopted thereunder, provided that the requirements of subsection A of § 19.2-187.1 have been satisfied and the accused […]

§ 59.1-167. Conflicting local laws and ordinances prohibited

Cities, towns, counties and other political subdivisions of this Commonwealth are prohibited from passing any laws or ordinances relating to the inspection and testing of motor fuel and lubricating oil as defined in § 59.1-149 inconsistent with the provisions of this chapter. Code 1950, § 59-60; 1968, c. 439; 1992, c. 885.

§ 59.1-167.1. Labeling of motor fuels; notification to reseller

A. Every dispensing device used in the retail sale of any motor fuel shall identify the motor fuel and be labeled in accordance with Section 3 of the Uniform Fuels and Automotive Lubricants Regulation published by the National Institute of Standards and Technology in Handbook 130, titled “Uniform Laws and Regulations in the Areas of […]

§ 59.1-167.2. Civil penalties

A. In addition to the penalties prescribed in § 59.1-163, any person violating any provision of this chapter or regulation adopted thereunder may be assessed a civil penalty by the Board in an amount not to exceed $1,000 per violation. In determining the amount of any civil penalty, the Board shall give due consideration to […]