2017 ORS 646.905¹
Definitions for ORS 646.910 to 646.923

As used in ORS 646.910 (Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements) to 646.923 (Retention of certificate of analysis):

(1) “Alcohol” means a volatile flammable liquid having the general formula C[n]H(2n+1)OH used or sold for the purpose of blending or mixing with gasoline for use in propelling motor vehicles, and commonly or commercially known or sold as an alcohol, and includes ethanol or methanol.

(2) “Biodiesel” means a motor vehicle fuel consisting of mono-alkyl esters of long chain fatty acids derived from vegetable oils, animal fats or other nonpetroleum resources, not including palm oil, designated as B100 and complying with ASTM D 6751.

(3) “Certificate of analysis” means:

(a) A document verifying that B100 biodiesel has been analyzed and complies with ASTM D 6751 biodiesel fuel test methods and specifications; and

(b) Certification of feedstock origination describing the percent of the feedstock sourced outside of the states of Oregon, Washington, Idaho and Montana.

(4) “Co-solvent” means an alcohol other than methanol which is blended with either methanol or ethanol or both to minimize phase separation in gasoline.

(5) “Ethanol” means ethyl alcohol, a flammable liquid having the formula C[2]H[5]OH used or sold for the purpose of blending or mixing with gasoline for use in motor vehicles.

(6) “Gasoline” means any fuel sold for use in spark ignition engines whether leaded or unleaded.

(7) “Methanol” means methyl alcohol, a flammable liquid having the formula CH[3]OH used or sold for the purpose of blending or mixing with gasoline for use in motor vehicles.

(8) “Motor vehicles” means all vehicles, vessels, watercraft, engines, machines or mechanical contrivances that are propelled by internal combustion engines or motors.

(9) “Nonretail dealer” means any person who owns, operates, controls or supervises an establishment at which motor vehicle fuel is dispensed through a card- or key-activated fuel dispensing device to nonretail customers.

(10) “Other renewable diesel” means a diesel fuel substitute, produced from nonfossil renewable resources, that has an established ASTM standard, is approved by the United States Environmental Protection Agency, meets specifications of the National Conference on Weights and Measures, and complies with standards promulgated under ORS 646.957 (Rules).

(11) “Retail dealer” means any person who owns, operates, controls or supervises an establishment at which gasoline is sold or offered for sale to the public.

(12) “Wholesale dealer” means any person engaged in the sale of gasoline if the seller knows or has reasonable cause to believe the buyer intends to resell the gasoline in the same or an altered form to another. [1985 c.468 §1; 1997 c.310 §13; 2007 c.739 §10; 2015 c.27 §57; 2015 c.203 §25]

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/­ors/­ors646.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 646, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano646.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.