2011 ORS § 646.922¹
Limitations on sale of diesel fuel following notice
  • requirements for biodiesel content
  • exception for certain additives
  • rules

(1) A retail dealer, nonretail dealer or wholesale dealer may not sell or offer for sale diesel fuel unless the diesel fuel contains at least two percent biodiesel by volume or other renewable diesel with at least two percent renewable component by volume.

(2) Two months after the date of the notice given under ORS 646.921 (Study and monitoring of biodiesel production, use and sales) (2), a retail dealer, nonretail dealer or wholesale dealer may not sell or offer for sale diesel fuel unless the diesel fuel contains at least five percent biodiesel by volume or other renewable diesel with at least five percent renewable component by volume. Diesel fuel containing more than five percent biodiesel by volume or other renewable diesel with more than five percent renewable component by volume must be labeled as provided by the State Department of Agriculture by rule.

(3) A retail dealer, nonretail dealer or wholesale dealer may sell or offer for sale diesel fuel that otherwise meets the requirements of subsections (1) and (2) of this section and rules adopted pursuant to ORS 646.957 (Rules) but to which there have been added substances to prevent congealing or gelling of diesel fuel containing biodiesel or other renewable diesel, without violating the requirements of subsections (1) and (2) of this section and rules adopted pursuant to ORS 646.957 (Rules). This subsection applies only to diesel fuel sold or offered for sale during the period from October 1 of any year to February 28 of the following year.

(4) The department shall adopt standards for biodiesel or other renewable diesel sold in this state. The department shall consult the specifications established for biodiesel or other renewable diesel by ASTM International in forming its standards. The department may review specifications adopted by ASTM International, or equivalent organizations, and revise the standards adopted pursuant to this subsection as necessary.

(5) The minimum biodiesel fuel content and renewable component in other renewable diesel requirements under subsections (1) and (2) of this section do not apply to diesel fuel sold or offered for sale for use by railroad locomotives, marine engines or home heating. [2007 c.739 §14; 2009 c.752 §§2,3; 2010 c.55 §§2,3,5,6; 2011 c.243 §§2,3]

Note: Section 16, chapter 739, Oregon Laws 2007, provides:

Sec. 16. ORS 646.922 (Limitations on sale of diesel fuel following notice) (2) and 646.923 (Retention of certificate of analysis) become operative on a date that is two months following the date of the first notice required under ORS 646.921 (Study and monitoring of biodiesel production, use and sales) (2). [2007 c.739 §16; 2009 c.752 §4; 2010 c.55 §4]