590.070 - Specifications for motor vehicle fuel: Adoption by State Board of Agriculture; variances; sale of nonconforming petroleum products unlawful; exception for aviation fuel; penalties.

590.070  Specifications for motor vehicle fuel: Adoption by State Board of Agriculture; variances; sale of nonconforming petroleum products unlawful; exception for aviation fuel; penalties.

      1.  The State Board of Agriculture shall adopt by regulation specifications for motor vehicle fuel:

      (a) Based upon scientific evidence which demonstrates that any motor vehicle fuel which is produced in accordance with the specifications is of sufficient quality to ensure appropriate performance when used in a motor vehicle in this State; or

      (b) Proposed by an air pollution control agency to attain or maintain national ambient air quality standards in any area of this State. As used in this paragraph, “air pollution control agency” means any federal air pollution control agency or any state, regional or local agency that has the authority pursuant to chapter 445B of NRS to regulate or control air pollution or air quality in any area of this State.

      2.  The State Board of Agriculture shall adopt by regulation procedures for allowing variances from the specifications for motor vehicle fuel adopted pursuant to this section.

      3.  It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, assist in the sale of, deliver or permit to be sold or offered for sale, any petroleum or petroleum product as, or purporting to be, motor vehicle fuel, unless it conforms with the regulations adopted by the State Board of Agriculture pursuant to this section.

      4.  This section does not apply to aviation fuel.

      5.  In addition to any criminal penalty that is imposed pursuant to the provisions of NRS 590.150, any person who violates any provision of this section may be further punished as provided in NRS 590.071.

      [7:157:1955]—(NRS A 1961, 650; 1967, 151; 1975, 185; 1989, 1950; 1991, 2024; 1993, 61; 2001, 852; 2003, 601; 2005, 657; 2007, 1986)