Effective date: 1/7/2015

    (1) Every retail gasoline dispenser shall have the octane rating of the gasoline being sold therefrom conspicuously and firmly posted in a manner conforming with 16 CFR Part 306.12 (1-1-12 Edition), which is hereby incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-04786.
    (2) Every retail gasoline dispenser shall have the grade designation of the gasoline being sold therefrom conspicuously and firmly attached thereto. The octane rating of gasoline sold using the following grade designations must meet the minimum octane rating indicated:
Grade Designation
Minimum Octane Rating
Premium, Super, Supreme, High Test
91
Midgrade, Plus
89
Regular, Unleaded
87
    (3) All racing gasoline or gasoline designed for special use that is kept, offered, or exposed for sale, or sold at retail that does not meet standards established in subsection 5J-21.001(1), F.A.C.:
    (a) May not be advertised or represented, in writing or orally, to be suitable for use in ordinary motor vehicles or boat motors,
    (b) Shall be accompanied by a conspicuous sign on the dispenser stating that the product does not meet gasoline specifications.
    (4) Every retail kerosene dispenser or container-package of kerosene offered for sale at retail shall be conspicuously labeled “kerosene” immediately followed by the designation: 1-K or 2-K, whichever is applicable.
    (5) Every retail diesel fuel dispenser shall have the proper grade designation to indicate the sulfur content of the diesel fuel being sold therefrom conspicuously and firmly attached thereto and in accordance with 40 CFR Parts 80.570-80.574 (7-1-13 Edition), which is hereby incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-04787. The label shall be placed on the vertical surface of each dispenser housing on each side that has measure and price meters. The label shall be on the upper two-thirds of the dispenser and clearly visible to anyone dispensing fuel from the dispenser.
    (6)(a) All gasoline kept, offered, or exposed for sale, or sold, at retail, containing at least one percent but no more than 10% by volume of ethanol, methanol, or a combination shall be identified as “contains 10% or less ethanol” or “contains 1-10% ethanol,” “contains 10% or less methanol” or “contains 1-10% methanol,” or “contains 10% or less ethanol/methanol” or “contains 1-10% ethanol/methanol”, or other definitive equivalent statement declaring the presence of methanol, ethanol, or combination on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver’s position, in a type at least 1/2” inch in height and 1/16” inch stroke (width of type). Gasoline kept, offered, or exposed for sale, or sold, at retail, containing specifically ten percent by volume of ethanol may be identified as “E10” and “contains ethanol” or other definitive equivalent statement declaring the presence of ethanol on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver’s position, in a type at least 1/2” inch in height and 1/16” inch stroke (width of type).
    (b) Labels placed on any multi-product dispensers must be placed in a position and contain wording so as to clearly and conspicuously identify the presence of ethanol in all such products that contain ethanol. Such labels and placement must not be in such a manner that may suggest products not blended with ethanol contain ethanol. This may be accomplished by use of the words “all gasoline” on the label; specifically identify each product that contains ethanol through language or by arrangement of labels on the dispenser; or through other such clear and conspicuous means.
    (7) All alternative fuel kept, offered, or exposed for sale, or sold, at retail that contains more than 10% ethanol, methanol or other alcohol shall be identified by a name indicating the amount and type(s) of ethanol, methanol or other alcohol in the fuel and shall be labeled as such on the vertical surface of each dispenser housing in a manner conforming with the layout, type size and setting, color, and label protection requirements of 16 CFR Part 306.12 (1-1-12 Edition). See subsection 5J-21.003(1), F.A.C, to obtain copies of this document.
    (a) At a minimum, ethanol mixed with gasoline and containing an ethanol content of 51%-83% shall be identified as “Ethanol Flex-Fuel, Minimum 51% Ethanol” and “For Flex-Fuel Vehicles Only.”
    (b) Methanol mixed with gasoline and containing a methanol content of nominally 80%-85% shall be identified as “M85 Fuel Ethanol” and “For Flex Fuel Vehicles Only.” Such fuels shall also contain a label on the vertical surface of each dispenser housing on each side that has measure and price meters and located on the upper fifty percent of the dispenser front panel in a type at least 1/2” inch in height and 1/16” inch stroke (width of type) that reads as follows:
This product contains methanol and may not be suitable for use in all flex-fuel vehicles. Consult with your engine manufacturer or owner’s manual before use.
    (c) Ethanol mixed with gasoline and containing an ethanol content greater than that which is permitted in subsection 5J-21.001(1), F.A.C., and less than that which is permitted in subparagraph 5J-21.001(5)(c)1., F.A.C., shall be identified as “EXX Flex-Fuel, Minimum YY% Ethanol”, where XX is the ethanol concentration in volume percent and YY is XX minus 5. The actual ethanol concentration of the blend shall be XX volume percent plus or minus 5 volume percent.
    (8) All biodiesel blends containing diesel fuel kept, offered, or exposed for sale, or sold, at retail that contain more than 5% biodiesel shall be identified as “Biodiesel Blend (BXX),” where XX represents the volume percent biodiesel in the biodiesel blend or “Biodiesel Blend Between 6% and 20%.” All biodiesel or B99 kept, offered, or exposed for sale, or sold, at retail shall be identified as “Biodiesel (BXX),” where XX represents the volume percent biodiesel and shall be labeled with the proper sulfur grade designation “S15 (15 ppm Sulfur Maximum)” or “S500 (500 ppm Sulfur Maximum).” Each dispenser shall be labeled as such on the vertical surface of each dispenser housing on each side that has measure and price meters with a sign clearly visible and located on the upper fifty percent of the dispenser front panel in a type at least 1/2” inch in height and 1/16” inch stroke (width of type).
    (a) Every dispenser that dispenses biodiesel or B99 shall contain a label on the vertical surface of each dispenser housing on each side that has measure and price meters and located on the upper fifty percent of the dispenser front panel in a type at least 1/2” inch in height and 1/16” inch stroke (width of type) that reads as follows:
This product contains biodiesel. Consult with your engine manufacturer or owner’s manual before using this product.
    (b) Every dispenser that dispenses a biodiesel blend containing diesel fuel shall also possess the proper diesel fuel sulfur grade designation conspicuously and firmly attached thereto, as specified in subsection (5) of this section, to indicate the grade of the biodiesel blend being sold therefrom. The diesel fuel sulfur grade designation shall apply to the blended fuel.
    (9) All biodiesel blends containing fuel oil kept, offered, or exposed for sale, or sold, at retail that contain more than 5% biodiesel shall be identified as “Fuel Oil Containing Biodiesel (XX),” where XX represents the volume percent biodiesel in the biodiesel blend, and shall be labeled as such on the vertical surface of each dispenser housing on each side that has measure and price meters with a sign clearly visible and located on the upper fifty percent of the dispenser front panel in a type at least 1/2” inch in height and 1/16” inch stroke (width of type). Every dispenser that dispenses a biodiesel blend containing fuel oil with a biodiesel percentage greater than 5% shall contain a label on the vertical surface of each dispenser housing on each side that has measure and price meters and located on the upper fifty percent of the dispenser front panel in a type at least 1/2” inch in height and 1/16” inch stroke (width of type) that reads as follows:
This product contains biodiesel. Consult with your equipment or engine manufacturer or owner’s manual before using this product.
    (10) All gasoline containing greater than ten percent ethanol by volume and up to and including fifteen percent ethanol by volume shall be labeled in accordance with 40 CFR 80.1501 (7-1-13 Edition), which is hereby incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-04788.
    (11) Any other alternative fuel as defined by this section shall be labeled clearly and unambiguously on the vertical surface of each dispenser housing on each side that has measure and price meters with a sign clearly visible and located on the upper fifty percent of the dispenser front panel in a type at least 1/2” inch in height and 1/16” inch stroke (width of type).
    (12)(a) All gasoline kept, offered, or exposed for sale, or sold, at retail, containing at least one percent but no more than 12.5% by volume of butanol shall be identified as “contains 12.5% or less butanol” or “contains 1-12.5% butanol,” or other definitive equivalent statement declaring the presence of butanol on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver’s position, in a type at least 1/2” inch in height and 1/16” inch stroke (width of type).
    (b) Labels placed on any multi-product dispensers must be placed in a position and contain wording so as to clearly and conspicuously identify the presence of butanol in all such products that contain butanol. Such labels and placement must not be in such a manner that may suggest products not blended with butanol contain butanol. This may be accomplished by use of the words “all gasoline” on the label; specifically identify each product that contains butanol through language or by arrangement of labels on the dispenser; or through other such clear and conspicuous means.
    (13) In accordance with Florida Statutes § 525.035, any petroleum fuel that fails to meet applicable labeling requirements, as adopted in this rule, shall be placed under Stop Sale Order by the department using FDACS-03206, Stop Sale Order, Rev. 12/12, and the measuring devices and storage tanks of said product shall be sealed by the department with FDACS-03537, Warning Tag, Rev. 08/12, prohibiting the sale of the petroleum fuel. The petroleum fuel shall be released by the department from the Stop Sale Order in accordance with Florida Statutes § 525.035, using FDACS-03209, Release, Rev. 1/09. The documents referenced in this subsection are adopted and incorporated by reference in Rule 5J-21.001, F.A.C.
    (14) In accordance with Florida Statutes § 525.037, any petroleum fuel that fails to meet applicable standards, as adopted in this rule, shall be placed under Stop Sale Order by the department using FDACS-03206, Stop Sale Order, Rev. 12/12, and the measuring devices and storage tanks of said petroleum fuel shall be sealed by the department with FDACS-03537, Warning Tag, Rev. 08/12, prohibiting the sale of the petroleum fuel. The petroleum fuel shall be released by the department from the Stop Sale Order in accordance with Florida Statutes § 525.037, using FDACS-03209, Release, Rev. 1/09. The documents referenced in this subsection are adopted and incorporated by reference in Rule 5J-21.001, F.A.C.
Rulemaking Authority 525.14, 570.07(23) FS. Implements Florida Statutes § 525.01, 525.09, 525.035, 525.037, 525.14. History—New 12-31-74, Amended 2-13-80, 5-3-83, 4-22-85, Formerly 5F-2.03, Amended 11-28-89, 1-24-93, 11-24-94, 6-1-06, 5-6-08, 1-3-10, 1-7-15, Formerly 5F-2.003.