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[Utah Code Table of Contents]
[TITLE 4. Table of Contents]
4-33-1 Short title.
This chapter shall be known as the "Motor Fuel Inspection
Act."
1981
4-33-2 Purpose of chapter.
It is the purpose of this chapter to promote the safety
and welfare of users of motor fuels in this state and also
to promote the orderly marketing of motor fuels.
1981
4-33-3 Definition.
As used in this chapter, "motor fuel" means any combustible
gas, liquid, matter, or substance which is used in an internal
combustion engine for the generation of power.
1981
4-33-4 Administrative and enforcement powers of department.
The department shall administer and enforce this chapter and may:
(1) make and enforce such rules, subject to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, as it considers necessary for the effective administration and enforcement of this chapter;
(2) acquire and test motor fuel samples to determine compliance with this chapter;
(3) maintain and staff a laboratory to test motor fuel samples;
(4) enter public or private premises during normal working hours to enforce this chapter;
(5) stop and detain any commercial vehicle transporting motor fuel to inspect its contents and applicable documents or to acquire motor fuel samples;
(6) require that records applicable to this chapter be
available for examination and review upon request by the
department.
1995
4-33-5 Prohibitions.
It is unlawful for any person in this state:
(1) to offer for sale, sell, or deliver any motor fuel which fails to meet the standards prescribed by the department;
(2) to advertise or display the price of motor fuel without advertising or displaying the grade of the motor fuel and the type of service when both self service and full service are offered;
(3) to haul or transport motor fuel for the purpose of
sale or delivery in this state without an invoice or bill
of lading stating the name and address of the owner or person
consigning the fuel for transport, the Utah grade of the
motor fuel, and the number of gallons consigned.
1981
4-33-6 Octane rating determination and posting.
The determination of octane ratings and the posting of
the octane on dispensing devices shall be in accord with
Federal Trade Commission requirements.
1981
4-33-7 Inspection, sampling, testing and analysis of fuels by department.
(1) The department shall periodically sample, inspect, analyze and test motor fuels dispensed in this state and may enter any public premises or vehicle for the purpose of determining compliance with this chapter.
(2) Methods of sampling, testing, analyzing and designating motor fuels shall accord with those specified and published by the American Society for Testing and Materials. The department shall use the latest published standards of the American Society for Testing and Materials.
(3) Upon request the department shall pay the posted price for samples and the person from whom the sample is taken shall give a signed receipt evidencing payment.
(4) Tests and analyses conducted by the department shall
be prima facie evidence of the facts shown by such tests
in any court proceeding.
1981
4-33-8 Locking and sealing of pumps in violation of chapter - Posting notice - Removal of sealed fuel - Resealing.
(1) The department may lock and seal any pump or other dispensing device which is in violation of this chapter. If such action is taken, the department shall post a notice in a conspicuous place on the pump or other dispensing device stating that the device has been sealed by the department and that it is unlawful to break or destroy the seal or to mutilate or alter the notice.
(2) Any person who is aggrieved by the action of the department may advise the department that such person intends to remove the balance of the motor fuel from the tank or other container which contains the sealed fuel. The department, within two working days after the receipt of such notice, shall break the seal or lock for the container to be emptied.
(3) If the aggrieved party fails to remove the sealed
motor fuel within 24 hours after the department breaks the
seal, the department may reseal the dispensing device. The
seal may not be broken nor the contents of any container
removed, except after a subsequent written notice of intent
to remove is filed with the department and upon the payment
of a service charge determined by the department pursuant
to Subsection
4-2-2
(2). A notice of intent to remove may be filed
on paper or electronically.
2002
4-33-9 Warrant to enter premises for inspection or sampling.
If admittance is refused to the department either for
sampling or for inspection of transport invoices or bills
of lading, the department may obtain an ex parte warrant
from the nearest court of competent jurisdiction to allow
entry upon the premises for the purpose of inspection or
taking samples or to examine transport documents.
1981
4-33-10 Interstate commerce - Chapter inapplicable to fuel in transit through state.
This chapter is inapplicable to motor fuel being transported
through this state in interstate commerce; provided, that
none of the motor fuel is consigned or destined for delivery
in the state.
1981
