168.125
168.125
Reports; payment. Persons who are liable for the fee under this chapter shall state the number of gallons of petroleum products on which the fee is due and the amount of their liability for the fee in the reports under
s. 78.12 (1) to
(3). The requirements for payment of the motor vehicle fuel tax under
s. 78.12 (5) apply to the fee under this chapter.
168.125 History
History: 1995 a. 27.
168.13
168.13
Required records. Every person receiving petroleum products in this state shall keep books and records of all petroleum products so received, together with bills of lading, waybills and other pertinent documents. Such books and records and other papers and documents shall, at all times during business hours of the day, be subject to inspection by the department and its inspectors, and are subject to inspection by the department of revenue in regard to the fee under
s. 168.12 (1). Such books, records and other papers and documents shall be preserved for not less than 4 years, unless the department, in writing, authorizes their destruction or disposal at an earlier date.
168.13 History
History: 1995 a. 27.
168.14(1)(1) It is unlawful for any person to represent, advertise, promote for sale, offer for sale or sell any lubricating oil which is in part or wholly derived from previously used lubricating oil unless such representation, advertisement, sales promotion and the container or item of equipment through which such previously used lubricating oil is shipped, stored, offered for sale or sold, clearly and conspicuously identifies to the public that such lubricating oil has been previously used. The identification shall contain appropriate and descriptive words such as "Reclaimed used lubricating oil," "Rerefined used lubricating oil," "Recleaned used lubricating oil" or "Reconditioned used lubricating oil".
168.14(2)
(2) No person may receive, unload, use, sell or offer for sale in this state, any gasoline, gasoline-alcohol fuel blends, kerosene, fuel oils, diesel fuels or other petroleum distillates which the person knows, or reasonably should know, is misidentified as to name or grade. Gasoline-ethanol blends that are identified in compliance with
s. 168.11 when sold at retail are correctly identified as to name.
Effective date note
NOTE: Sub. (2) is amended eff. 7-1-07 by
2005 Wis. Act 83 to read:
Effective date text
(2) No person may receive, unload, use, sell or offer for sale in this state, any gasoline, gasoline-alcohol fuel blends, kerosene, fuel oils, diesel fuels or other petroleum distillates which the person knows, or reasonably should know, is misidentified as to name or grade. Gasoline-ethanol blends that are identified in compliance with s. 168.11 when sold at retail are correctly identified as to name. Biodiesel blends that are identified in compliance with sub. (2m) (c) 4. when sold at retail are correctly identified as to name.
168.14(2m)(a)(a) "Biodiesel fuel" means a fuel that is comprised of monoalkyl esters of long chain fatty acids derived from vegetable oils or animal fats.
168.14(2m)(b)
(b) No person may represent, advertise, label, or otherwise promote for sale a fuel as being biodiesel fuel unless the fuel meets all of the following requirements:
168.14(2m)(b)2.
2. The fuel is pure biodiesel fuel, is identified as such with the alphanumeric B100, and does not contain any petroleum product, any additive, or other foreign material.
168.14(2m)(b)3.
3. The fuel meets all of the applicable requirements of the American Society for Testing and Materials.
168.14(2m)(c)
(c) No person may represent, advertise, label, or otherwise promote for sale a fuel as being a blend of biodiesel and petroleum-based fuel unless the fuel meets all of the following requirements:
168.14(2m)(c)1.
1. The volume percentage of the biodiesel fuel to the petroleum-based fuel is at least 2 percent.
168.14(2m)(c)3.
3. The fuel meets all of the applicable requirements of the American Society for Testing and Materials.
168.14(2m)(c)4.
4. The volume percentage under
subd. 1. is disclosed to the purchaser and is identified by use of the alphanumeric Bxx, with a number replacing the xx in the alphanumeric and with that number representing the volume percentage of biodiesel fuel in the biodiesel fuel blend.
168.14(3)
(3) A person who sells a gasoline-ethanol fuel blend to a person selling or offering to sell it at wholesale or retail shall provide information before the sale on the ethanol content of the fuel blend to the person selling or offering to sell it and shall provide written verification of the ethanol content at delivery of the fuel blend.
168.15
168.15
Penalty. Every person who violates any provision of this chapter that is not related to the fee under
s. 168.12 (1) shall forfeit not less than $10 nor more than $100 for each violation. Each day a person fails to comply with any provision of this chapter is a separate violation.
168.15 History
History: 1983 a. 122;
1995 a. 27.
168.16
168.16
Duties of department. 168.16(1)
(1) The department shall enforce this chapter. Inspection districts shall be defined and numbered by the department.
168.16(2)
(2) Any accident or explosion involving products of petroleum which comes to the knowledge of the department shall be investigated to determine whether or not there has been a violation of this chapter.
168.16(3)
(3) The department may, upon request of state agencies or local authorities, assist in the investigation of hazardous situations involving suspected or known products of petroleum.
168.16(4)
(4) The department may promulgate reasonable rules relating to the administration and enforcement of this chapter.
168.16 History
History: 1971 c. 206.
168.17
168.17
Attorney general and district attorney to prosecute. Upon request of the department, the attorney general or proper district attorney shall prosecute any action to enforce this chapter except the fee that is imposed under
s. 168.12 (1).
168.17 History
History: 1995 a. 27.
168.18
168.18
Title. This chapter may be cited as the "Oil Inspection Act".
