FOR IMMEDIATE RELEASE :    Thursday, June 21, 2012   
CONTACT:   Sara Rabern,  (605) 773-3215 

 
Official Attorney General Opinion on Sale of 85 Octane Gasoline Released

PIERRE, S.D. – Attorney General Marty Jackley announced today that pursuant to a request from the Governor's Office, the Official Attorney General Opinion regarding the sale of gasoline with an antiknock index rating of 85 octane had been completed and released.

ANSWER:
Under current rules promulgated by the Department of Public Safety, gasoline or gasoline-oxygenate blends (hereinafter “gasoline”) with an antiknock index rating of 85 octane may not be legally sold in the state. The National Institute of Standards and Technology (NIST) standards adopted by the Department prohibit the sale of gasoline with an antiknock index of less than 86 octane. This prohibition does not conflict with other statutes and administrative rules, and is therefore controlling.

CONCLUSION:
The conclusion that gasoline with an antiknock index rating of 85 octane may not be sold in South Dakota is based upon current statutes and rules. The Legislature, and the Department of Public Safety, to the extent it has authority under SDCL §§ 37-2-6 and 32-2-7, may alter this arrangement to authorize the sale of 85 octane gasoline in the state.

For any additional questions regarding this matter, contact Sara Rabern at 605-773-3215,

To view the opinion, click on the link below:

http://atg.sd.gov/TheOffice/OfficialOpinions/OpinionView/tabid/262/itemID/2924/moduleID/591/Default.aspx

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