Section ATCP 94.310 - Inspection procedures(1) INSPECTION OF PETROLEUM AND OTHER LIQUID FUEL PRODUCTS. (a)General. All petroleum and other liquid fuel products imported into and received in this state shall be subject to sampling by the department prior to being unloaded, sold, offered for sale, or used.(b)Exceptions. The inspection of liquid fuel products does not apply in the following situations: 1. Liquid fuel products previously inspected by the department at the refinery or at a marine or pipeline terminal within or outside the state.2. Where the department permits unloading of ships or boats due to an emergency declared by the coast guard or where a permit has been granted by the department.3. Specialty motor fuels and liquid fuel products that will not be introduced into the wholesale or retail market stream.(2) NOTIFICATION FOR INSPECTION.(a)1. Where requested by the department, the recipient of all liquid fuel products shall notify the inspector of the receipt, between the hours of 7:45 a.m. and 4:30 p.m. on the day of the receipt, except as provided in subd. 2. or 3.2. Where requested by the department, the inspector shall be notified of any liquid fuel products received after 4:30 p.m. or received on a Saturday, Sunday, or any legal holiday, between the hours of 7:45 a.m. and 10:00 a.m. of the next regular working day.3. Where requested by the department, current delivery schedules for liquid fuel products delivered through a pipeline shall be made available to the inspector.(b) If a person transfers one grade of a liquid fuel product into a container with another grade of liquid fuel product, the entire commingled product shall be deemed uninspected and the inspector shall be notified.(d) For the purpose of this section, the department shall have discretion in determining a reasonable length of time in which an inspector may take the sample. Note: Saturdays, Sundays, and legal holidays are not considered regular business days.
(e)1. A person who changes the fuel product dispensed from a tank system from a Class II or III liquid to a Class I liquid shall notify the inspector, and the new product shall be tested and approved before being dispensed.2. In this paragraph, " Class I liquid" means a liquid that will give off sufficient vapor, below 100°F, to form an ignitable mixture with air near the surface of the liquid or within a test vessel; and "Class II or III liquid" means a liquid that will give off such vapor at or above 100°F. Note: Under chapter ATCP 93, the inspector must likewise be notified, and the new product must likewise be tested and approved before being dispensed, when the product dispensed from a tank system is changed from a Class I liquid to a Class II or III liquid.
Note: See the Department website at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx for the contact information for inspectors.
(3) SAMPLING PROCEDURES. (a)General. A representative sample may be taken from any shipment of liquid fuel products, including commingled products that are imported into and received in this state.(b)Department procedures.1. The department shall inspect and test samples collected under this section, at locations and frequencies that are designed to prevent sale of fuel products in this state which do not comply with this chapter.2. If the fuel product does not meet the standards specified in this chapter, the department will notify the person for whom the inspection was made that the product may not be sold, used, removed from storage, or transferred to any place for retail sale until compliance with the standards is established.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 94.310
Cr. Register, July, 1980, No. 295, eff. 8-1-80; CR 03-011: r. (1) (a) 3., am. (3) (b) (intro.) Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.09, renum. (1) (intro.) and (a) to be (1) (a) and (b), cr. (1) (b) 3., am. (2) (c), (d), (3) (intro.), (a) (intro.)., 1. and (b) Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.600 and am. (1) (title), (a), (b) (intro.), 1., 3., (2) (a), (b), (3) (a), (b), (c) 1., 3., cr. (2) (e) Register December 2010 No. 660, eff. 1-1-11; correction in (3) (c) 1. made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; correction in (3) (c) 1. made under s. 13.92(4) (b) 7, Stats., Register October 2013 No. 694.Amended by, correction in (2) (e) 2. (Note [2]). made under s. 13.92(4) (b) 7, Stats., Register September 2016 No. 729, eff. 10/1/2016.Amended by, CR 21-096: am. (1) (b) 1., (2) (a), (b), r. (2) (c), am. (2) (e) 1., am. (3) (a), r. (3) (c) Register February 2024 No. 818, eff. 3/1/2024