2 Miss. Code. R. 1-4-08-100.02

Current through December 10, 2024
Section 2-1-4-08-100.02

The tolerances for devices used for retail sales of petroleum products regulated hereunder shall be as follows:

1. The maintenance tolerance shall be one cubic inch plus one cubic inch per indicated gallon.
2. The acceptance tolerance shall be one half (1/2) of the maintenance tolerance.
3. The maintenance tolerance for test drafts over 10 gallons shall be 0.3%.
4. The acceptance tolerance for test drafts over 10 gallons shall be 0.2%
5. Applicable testing and technical requirements shall be in accordance with the latest edition of the National Institute of Standards and Technology Handbook 44, except when in conflict with existing or modified rules and regulations or when rejected by the same.
6. Retail devices, or pumps, for motor fuels that when inspected are found to be inaccurate by a deficiency exceeding twenty-five (25) cubic inches on a measure of five (5) gallons shall immediately be locked and sealed and made the subject of a stop sale order. Such devices shall remain locked and sealed until adjustments have been made and the devices returned to operations within acceptance tolerance levels. Corrections or repairs must be made and the Commissioner notified of such actions pursuant to Section 77-55-37 prior to the resumption of sales.
7. If a retail device or pump is found to be inaccurate by a deficiency in excess of the maintenance tolerance but not more than twenty-five (25) cubic inches on a measure of five (5) gallons, the owner or operator shall be given notice of the deficiency and forty-eight (48) hours in which to make adjustments to return such device to operations within acceptance tolerance levels. The Commissioner must be notified of corrections. If after such corrections, the device or pump is found to be inaccurate by a deficiency in excess of the acceptance tolerance, the device shall be locked and sealed and made the subject of a stop sale order as set forth in paragraph 6 above. Any requirement for corrections, adjustments or stop sale orders under this paragraph or paragraph 6 above may be waived by the Commissioner under such terms as the Commissioner deems necessary to serve the public interest.
8. All such pumps found to be giving accurate measure within the tolerances established by statute and these regulations shall have the adjusting device sealed with an official wire seal applied by an inspector duly authorized by the Commissioner in such a manner that the adjustment cannot be altered without breaking the seal.
9. It shall be unlawful to install or operate any self-measuring pump which can be secretly manipulated in such manner as to give short measure.

2 Miss. Code. R. 1-4-08-100.02

Miss. Code Ann. § 75-55-3.
Amended 2001.
Amended 3/4/2022