OAR 603-027-0450: Official Sampling Procedures; Inspections and Recordkeeping

(1) Official samples of motor vehicle fuel for testing shall be obtained by the Director or the Director's designate from: (a) The same dispensing device used for sales to customers; (b) Any bulk facility; (c) Any transporter of motor vehicle fuels. (2) The official sample shall be obtained in the following manner: (a) The official sample shall be collected into a clear or brown glass bottle or a metal container approved for such use; (b) The container shall be sealed and identified immediately after the official sample has been obtained; (c) At the motor vehicle fuel dispenser, the official sample shall be collected after at least 2 litres (one-half gallon) has been dispensed. This official sample shall be considered representative of the product dispensed. (3) The Director of Agriculture, or the Director’s authorized agent, upon reasonable oral or written notice, may make such examinations of books, papers, records, and equipment the Director requires to be kept by a biodiesel or other renewable diesel producer, facility operator or importer as may be necessary to carry out the duties of the Director under OAR 603-027-0420 and 603-027-0430. (4) The Director or the Director’s authorized agent, may obtain up to eight times per calendar year, at no cost to the Department, representative samples of biodiesel from any producer, bulk facility, business, or other establishment that sells, offers for sale, distributes, transports, hauls, delivers, or store biodiesel. The entire cost of transporting and testing of the samples shall be the responsibility of and invoiced directly to the business from which the sample was obtained. Any additional biodiesel testing beyond this specific requirement at the request of the Director shall be paid for by the Department of Agriculture. (5) The Director of Agriculture, or the Director’s authorized agent, upon reasonable oral or written notice, may make such examinations of books, papers, records, and equipment the Director requires to be kept by an ethanol production facility located in Oregon as may be necessary to carry out the duties of the Director under OAR 603-027-0420. (6) At the time samples, or copies of books, papers or records of the owner or operator are obtained, the owner or operator shall specify what, if any, information the owner or operator considers to be confidential business information or a trade secret. The Department shall keep any information so specified (including the results of any test) in a separate file marked "confidential." The disclosure of such information shall be governed by the Oregon Public Records Law, ORS 192.410 et. seq. and rules adopted under ORS 646.957. Nothing in this rule shall be construed to limit the use of such information in any enforcement proceeding by the Department. In the event such information is required in any enforcement proceeding by the Department, it may be used under a protective order. [Publications: Publications referenced are available from the agency.]