2017 ORS 646.922¹
Limitations on sale of diesel fuel
  • requirements for biodiesel content
  • exception for certain additives and for certain sellers and users
  • certificate of analysis
  • 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 five percent biodiesel by volume or other renewable diesel with at least five percent renewable component by volume. Diesel fuel that contains more than five percent biodiesel by volume or other renewable diesel with more than five percent renewable component by volume must be labeled as the State Department of Agriculture provides by rule.

(2) A retail dealer, nonretail dealer or wholesale dealer may sell or offer for sale diesel fuel that otherwise meets the requirements of subsection (1) 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 subsection (1) 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.

(3) 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 the department’s standards. The department may review specifications adopted by ASTM International, or equivalent organizations, and revise the standards adopted pursuant to this subsection as necessary.

(4) The minimum biodiesel fuel content and renewable component in other renewable diesel requirements under subsection (1) of this section do not apply to diesel fuel sold or offered for sale for use by railroad locomotives, marine engines or home heating or to facilities that store more than 50 gallons of diesel fuel for use in emergency power generation.

(5) All retail dealers, nonretail dealers and wholesale dealers in this state are required to provide, upon the request of the department, a certificate of analysis for biodiesel received. [2007 c.739 §14; 2009 c.752 §§2,3; 2010 c.55 §§2,3,5,6; 2011 c.243 §§2,3; 2013 c.89 §1; 2015 c.203 §26]

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.