New Mexico Administrative Code

Permanent.

July 1, 1997

This part establishes the specifications, tolerances and other technical requirements for commercial weighing and measuring devices.

[RESERVED]

The specifications, tolerances and other technical requirements for commercial weighing and measuring devices for the state of New Mexico shall be the same as adopted by the national conference on weights and measures as set forth in national institute of standards and technology…

New Mexico State University, New Mexico Department of Agriculture [MSC 3189, P. O. Box 30005, Las Cruces, New Mexico 88003-8005, Telephone: (575) 646-3007]

All parties involved in the manufacture or sale of petroleum products as defined in the Petroleum Products Standards Act.

Granted to the board of regents of New Mexico state university under the Petroleum Products Standards Act, Chapter 57, Article 19, Sections 25 through 37, New Mexico Statutes Annotated 1978.

Permanent.

July 1, 1997

This part establishes the specifications and test methods for petroleum products sold or offered for sale in New Mexico that are not addressed by the American society for testing and materials (ASTM) or society of automotive engineers (SAE). Establishes modifications and exceptio…

A. "Director" means the director of the New Mexico department of agriculture. B. "Lead substitute" means any substance blended with unleaded gasoline and proportioned to provide the valve seat protection provided by at least 0.05 gram lead per U.S. gallon.

A. Applications for temporary exceptions to vapor pressure and vapor liquid ratio specifications may be made to the director. The director may grant exemptions at his sole discretion, when said applications contain evidence satisfactory to the director that outlets marketing gaso…

New Mexico State University, New Mexico Department of Agriculture [MSC 3189, P. O. Box 30005, Las Cruces, New Mexico 88003-8005, Telephone: (575) 646-3007]

All retailers of petroleum products as defined by the Petroleum Products Standards Act.

Granted to the board of regents of New Mexico state university under the Petroleum Products Standards Act, Chapter 57, Article 19, Sections 25 through 37, New Mexico Statutes Annotated 1978.

Permanent.

July 1, 1997

This part addresses the labeling of petroleum products sold or offered for sale in New Mexico as defined by the Petroleum Products Standards Act, and is in addition to other legal labeling requirements.

A. "Director" means the director of the New Mexico department of agriculture. B. "Lead substitute" means any substance blended with unleaded gasoline and proportioned to provide the valve seat protection provided by at least 0.05 gram lead per U.S. gallon.

When any petroleum product is sold from a retail dispenser, the dispenser shall bear on all faces and located as near the customer readout as possible, the following: A. A label stating the grade or type of the product in letters not less than one (1) inch in height in appropriat…

New Mexico State University, New Mexico Department of Agriculture [MSC 3189, P. O. Box 30005, Las Cruces, New Mexico 88003-8005, Telephone: (575) 646-3007]

All parties involved in the manufacture, distribution and sale of gasoline.

Granted to the board of regents of New Mexico state university under the Petroleum Products Standards Act, Chapter 57, Article 19, Sections 25 through 37, New Mexico Statutes Annotated 1978.

Permanent.

July 1, 1997

This part establishes the requirements for octane rating, certification and posting for automotive spark ignition engine fuel, hereafter called gasoline.

[RESERVED]

All gasoline sold in New Mexico shall have its octane rating determined, certified and properly posted. The requirements can only be met by complying with the regulations found in 16 CFR, Part 306 Automotive Fuel Ratings, Certification and Posting.

New Mexico State University, New Mexico Department of Agriculture [MSC 3189, P. O. Box 30005, Las Cruces, New Mexico 88003-8005, Telephone: (575) 646-3007]

A. LINE 1, APPLICABLE TABLE (Classes of Violations, Section 13): Lack of Knowledge - When the person who has committed the violation was not aware of the statutory requirements, the penalty shall be determined from Line 1, Section 16. B. LINE 2, APPLICABLE TABLE (Classes of Viola…

A. Factors: Any one of the following factors may be considered in determining the gravity of a violation. (1) Potential monetary consequences. (2) Potential for personal injury. (3) Potential for property damage. (4) Degree of inconvenience or deception to a buyer or prospective …

The more frequently a person commits the same violation, the greater the penalty shall be, as provided by the tables in Section 16. A. When a person commits the same violation more than three (3) times in twelve (12) months, double the penalty for the third violation shall be ass…

A. Table I will apply to the following violations: PPSA Section(s) 57-19-29, (57-19-30 A, B), (57-19-31 B), (57-19-32 A, B, C) 57-19-33. B. Table II will apply to the following violations: PPSA Section(s) 57-19-29, (57-19-30 A, B), (57-19-32 A, B, C) 57-19-33. C. Table III will a…

A. Any person accused of a violation for which a penalty has been assessed may request a hearing before the director to contest the amount of the penalty or whether the violation occurred or both. B. A request for a hearing before the director must be in writing and must be submi…

If no hearing is requested, the penalty is due and payable within thirty (30) days of the issuance of notice of the violation. Failure to pay will be considered an additional offense and the penalty originally applied will be doubled.

A. TABLE I FIRST OFFENSE SECOND OFFENSE THIRD OFFENSE Gravity A B C A B C A B C C 1 $ 0 25. 50. A U 2 $25. 50. 75. 50. 75. 100. S E 3 $50. 75. 100. 75. 100. 125. 100. 200. 300. B. TABLE II FIRST OFFENSE SECOND OFFENSE THIRD OFFENSE Gravity A B C A B C A B C C 1 $ 25. 50. 75. A U …

All parties involved in the manufacture, distribution and sale of petroleum products as defined by the Petroleum Products Standards Act.

Granted to the board of regents of New Mexico state university under the Petroleum Products Standards Act, Chapter 57, Article 19, Sections 25 through 37, New Mexico Statutes Annotated 1978.

Permanent.

July 1, 1997

This part provides for the assessment of administrative penalties for violations of the Petroleum Products Standards Act or rules adopted under the act and specifies the appeal process.

A. "Department" means the New Mexico department of agriculture. B. "Director" means the director of the New Mexico department of agriculture. C. "Division director" means the director of the division of standards and consumer services within the New Mexico department of agricultu…

The assessment of administrative penalties will be used as an intermediate step between stop sale/stop use orders and court action, or when stop sale/stop use orders are not appropriate or have proven to be ineffective in resolving a problem, and not as a daily punitive enforceme…

New Mexico State University, New Mexico Department of Agriculture MSC 3189, P. O. Box 30005, Las Cruces, New Mexico 88003-8005 Telephone: (575) 646-3007

A complete registration will include payment of applicable fees for the registrant and all service technicians as established by an external policy memorandum.

With the application for full service registration, each service establishment shall furnish a one thousand dollar ($1,000) surety bond payable to the state of New Mexico, or other proof of financial responsibility as may be prescribed by the director, for faithful performance of…