Delaware Code Title 6 Sec. 2913 – Access to information
(a) Books and records. — Whenever the Office has reason to believe that a manufacturer has engaged in, is engaging in, or is about to engage in any practice in violation of the act or regulations, or in order to verify the accuracy of any information submitted to the Office, the Office may demand access to the books, records and data of the manufacturer. A manufacturer shall make such information available to the Office for inspection or copying during normal business hours unless otherwise agreed.
Terms Used In Delaware Code Title 6 Sec. 2913
- Manufacturer: shall mean every producer or refiner of petroleum products, or the producer or fabricator of any automotive product sold or distributed by a service station. See Delaware Code Title 6 Sec. 2901
- Motor fuel: shall mean and include any substance or combination of substances which is intended to be or is capable of being used for the purpose of propelling or running by combustion any internal combustion engine and sold or used for that purpose. See Delaware Code Title 6 Sec. 2901
- Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 17-101
- State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
(b) Samples. — Any seller of fuels within the scope of this act shall, upon the request of the Office, provide samples of any motor fuel or special fuel for chemical analysis or other inspection, and reimbursement shall be made for the samples taken.
(c) Standard specification for fuels. — (1) Any motor fuel sold at retail or intended to be sold at retail in the State which does not meet or exceed American Society for Testing and Materials specifications for that type fuel and which causes “fuel-related performance problems” for the motoring public may be ordered corrected or removed from the marketplace.
(2) Violation of standards; stop sale. — If a sample taken by the Office and tested by a qualified laboratory finds the sample to be substandard for any of the reasons established as standards or limitations written herein, the Office shall issue a stop sale for all or any portion of the seller’s operation which is in violation until the violation has been corrected. The Office shall have the authority and duty to decide when the steps taken were sufficient to correct the violation and inform the seller of when sales may resume.
(3) Whenever the Office finds any person marketing petroleum products in violation of this act or its regulations and has issued a stop sale directing them to cease such violation and the violation continues, the Office shall refer the matter to the Attorney General and the Attorney General shall take appropriate legal action.