ORS 646.910¹
Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements

No wholesale or retail dealer may sell or offer to sell any gasoline blended or mixed with alcohol unless the blend or mixture meets the specifications or registration requirements established by the United States Environmental Protection Agency pursuant to section 211 of the Clean Air Act, 42 U.S.C. section 7545 and 40 C.F.R. Part 79. [1985 c.468 §2(1)]

Note: The amendments to 646.910 (Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements) by section 20, chapter 739, Oregon Laws 2007, become operative November 1, 2009. See section 21, chapter 739, Oregon Laws 2007. The text that is operative on and after November 1, 2009, is set forth for the user’s convenience.

646.910 (Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements). (1) A wholesale or retail dealer may not sell or offer to sell any gasoline blended or mixed with:

(a) Ethanol unless the blend or mixture meets the specifications or registration requirements established by the United States Environmental Protection Agency pursuant to section 211 of the Clean Air Act, 42 U.S.C. section 7545 and 40 C.F.R. Part 79, and that complies with ASTM International specification D 4806;

(b) Methyl tertiary butyl ether in concentrations that exceed 0.15 percent by volume; or

(c) A total of all of the following oxygenates that exceeds one-tenth of one percent, by weight, of:

(A) Diisopropylether.

(B) Ethyl tert-butylether.

(C) Iso-butanol.

(D) Iso-propanol.

(E) N-butanol.

(F) N-propanol.

(G) Sec-butanol.

(H) Tert-amyl methyl ether.

(I) Tert-butanol.

(J) Tert-pentanol or tert-amyl alcohol.

(K) Any other additive that has not been approved by the California Air Resources Board or the United States Environmental Protection Agency.

(2) Nothing in this section shall prohibit transshipment through this state, or storage incident to the transshipment, of gasoline that contains methyl tertiary butyl ether in concentrations that exceed 0.15 percent by volume or any of the oxygenates listed in subsection (1)(c) of this section, provided:

(a) The gasoline is used or disposed of outside this state; and

(b) The gasoline is segregated from gasoline intended for use within this state.

Chapter 646

Notes of Decisions

Subject matter regulated by this chapter is not "preempted" by Federal Robinson-Patman Act so as to render this chapter invalid. W. J. Seufert v. Nat. Restaurant Supply Co., 266 Or 92, 511 P2d 363 (1973)

Whether an injunc­tion should issue when a court finds a viola­tion of the Act is a matter of discre­tion. State ex rel Johnson v. Interna­tional Harvester Co., 25 Or App 9, 548 P2d 176 (1976)

This chapter imposes no af­firm­a­tive duty to inform customers of rates in absence of request, but prohibits making in­for­ma­­tion about prices available to some customers and not others. Wildish Sand & Gravel v. Northwest Natural Gas Co., 103 Or App 215, 796 P2d 1237 (1990), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 646—Trade Practices and Antitrust Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors646.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 646, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­646ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information