West Virginia Code Chapter 11. Taxation § 11-14C-46. Marking requirements for dyed diesel fuel storage facilities

(a) A person who is a retailer of dyed diesel fuel or who stores dyed diesel fuel for use by that person or another person shall mark each visible storage tank and each dispensing device with the phrase “Dyed Diesel Fuel, Nontaxable Use Only, Penalty for Taxable Use,” or a similar phrase that clearly indicates that the diesel fuel is not to be used to operate a highway vehicle.

(b) The marking requirements of this section shall not apply to a storage facility that contains fuel used only in a heating, crop-drying, or manufacturing process, and is installed in a manner that makes use of the fuel for any other purpose improbable.