Pennsylvania Statutes Title 73 P.S. Trade and Commerce § 1650.4.1 § 1650.4.1. Blending, registration and other requirements

(1) Biodiesel blend shall be created using an approved biodiesel blending method.

(2) Biodiesel blend created in this Commonwealth for transfer, offer for sale or sale in this Commonwealth shall be created using an approved biodiesel blending method at such time when and place where the diesel fuel is loaded out of the petroleum load rack terminal.

(3) Biodiesel blend created outside of and imported into this Commonwealth shall not be transferred, offered for sale or sold in this Commonwealth unless it has been created using an approved biodiesel blending method.

(4) Diesel fuel imported into this Commonwealth shall be blended with biodiesel to create biodiesel blend by an approved biodiesel blending method before the diesel fuel may be sold or offered for sale or use within this Commonwealth.

(1) Each time biodiesel blend is sold, offered for sale or title to which is otherwise transferred by a person other than a retailer for ultimate sale to consumers in this Commonwealth, a bill of lading or shipping manifest meeting the requirements of paragraph (2) shall be provided to the person that receives the biodiesel blend.

(2) The bill of lading or shipping manifest required under paragraph (1) shall:

(3) A retailer selling, offering to sell or otherwise transferring title to a biodiesel blend shall retain a copy of the bill of lading or shipping manifest required under paragraph (1) for a period of one year from receipt of the biodiesel blend or for a longer period of time, if the bill of lading or shipping manifest is part of an enforcement action initiated during the one-year period. The bill of lading or shipping manifest must remain at the facility where the biodiesel blend has been offered for sale, sold or title to which has otherwise been transferred at least until the biodiesel blend physically leaves the facility, after which it may be retained at the corporate headquarters of the retailer. Failure by a retailer to make a copy of a bill of lading or shipping manifest immediately available to the department for inspection at the facility where the biodiesel blend was offered for sale, sold or title to which was otherwise transferred shall not be deemed a violation of this act if the copy is submitted to the department within two business days following the inspection.

(1) Any time biodiesel is sold, offered for sale or title to which is otherwise transferred in this Commonwealth for use in biodiesel blend, the person selling, offering for sale or otherwise transferring title to the biodiesel shall provide a certification stating that the biodiesel is compliant with the definition and quality standards for biodiesel under this act. The certification shall also contain the name and location of the person that manufactured the biodiesel and, if the biodiesel was manufactured in this Commonwealth, the registration number assigned by the department to the subject location and shall be subject to the penalties of 18 Pa.C.S. § 4904.

(2) A copy of the certification required under paragraph (1) shall be provided to any person that receives the biodiesel and the person that blends the biodiesel with the diesel fuel to create the biodiesel blend. The person providing the certification and each person that receives a copy of the certification shall retain a copy of the certification for a period of one year from the delivery of the biodiesel or for a longer period of time, if part of an enforcement action initiated during the one-year period.