§ 1650.4.1. Blending, registration and other requirements
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 73 P.S. Trade and CommerceEffective: August 6, 2012
Effective: August 6, 2012
73 P.S. § 1650.4.1
§ 1650.4.1. Blending, registration and other requirements
(b) Registration requirements.--Any person that offers for sale, sells or otherwise transfers title in this Commonwealth to biodiesel blend or biodiesel for use by consumers in on-road compression ignition engines shall register annually with the department. Each location in this Commonwealth where the person conducts the activity shall be separately registered, but may be submitted in a single form. This subsection shall apply to in-State and out-of-State persons. The application for registration shall be on a form prescribed by the department and may be accepted electronically by the department.
(1) Each time biodiesel blend is sold, offered for sale or title to which is otherwise transferred by a person other than a retailer for ultimate sale to consumers in this Commonwealth, a bill of lading or shipping manifest meeting the requirements of paragraph (2) shall be provided to the person that receives the biodiesel blend.
(i) Include a certification by the person that created the biodiesel blend stating that it was created by an approved biodiesel blending method and that the information contained in the bill of lading or shipping manifest is true and correct. The certification shall be subject to the penalties under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(3) A retailer selling, offering to sell or otherwise transferring title to a biodiesel blend shall retain a copy of the bill of lading or shipping manifest required under paragraph (1) for a period of one year from receipt of the biodiesel blend or for a longer period of time, if the bill of lading or shipping manifest is part of an enforcement action initiated during the one-year period. The bill of lading or shipping manifest must remain at the facility where the biodiesel blend has been offered for sale, sold or title to which has otherwise been transferred at least until the biodiesel blend physically leaves the facility, after which it may be retained at the corporate headquarters of the retailer. Failure by a retailer to make a copy of a bill of lading or shipping manifest immediately available to the department for inspection at the facility where the biodiesel blend was offered for sale, sold or title to which was otherwise transferred shall not be deemed a violation of this act if the copy is submitted to the department within two business days following the inspection.
(1) Any time biodiesel is sold, offered for sale or title to which is otherwise transferred in this Commonwealth for use in biodiesel blend, the person selling, offering for sale or otherwise transferring title to the biodiesel shall provide a certification stating that the biodiesel is compliant with the definition and quality standards for biodiesel under this act. The certification shall also contain the name and location of the person that manufactured the biodiesel and, if the biodiesel was manufactured in this Commonwealth, the registration number assigned by the department to the subject location and shall be subject to the penalties of 18 Pa.C.S. § 4904.
(2) A copy of the certification required under paragraph (1) shall be provided to any person that receives the biodiesel and the person that blends the biodiesel with the diesel fuel to create the biodiesel blend. The person providing the certification and each person that receives a copy of the certification shall retain a copy of the certification for a period of one year from the delivery of the biodiesel or for a longer period of time, if part of an enforcement action initiated during the one-year period.
Credits
2008, July 10, P.L. 1009, No. 78, § 4.1, added 2012, July 5, P.L. 921, No. 96, § 3, effective in 30 days [Aug. 6, 2012].
73 P.S. § 1650.4.1, PA ST 73 P.S. § 1650.4.1
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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