Montana Code 82-15-101. Definitions
82-15-101. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 82-15-101
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dealer: means any person engaged in the petroleum business and includes petroleum dealers and liquefied petroleum dealers. See Montana Code 82-15-101
- Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 82-15-101
- Gas: means all natural gases and all other fluid hydrocarbons, including methane gas or any other natural gas found in any coal formation, as produced at the wellhead and not defined as oil in subsection (3). See Montana Code 82-1-111
- Liquefied petroleum dealer: means a dealer engaged, directly or indirectly, in the business of delivering or distributing to a consumer or of selling or offering or advertising for sale or refining or manufacturing or keeping for sale in this state any petroleum product composed predominantly of any of the following hydrocarbons or mixtures of hydrocarbons: propane, propylene, butanes (normal butane or isobutane), and butylenes but excluding prepackaged liquefied petroleum products. See Montana Code 82-15-101
- Liquefied petroleum product: means a product composed predominantly of any of the following hydrocarbons or mixtures of hydrocarbons: propane, propylene, butanes (normal butane or isobutane), and butylenes. See Montana Code 82-15-101
- Liquefied petroleum product container: means a container approved by the American society of mechanical engineers that can hold 110 gallons or more of a liquefied petroleum product. See Montana Code 82-15-101
- Oil: means crude petroleum oil and other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form by ordinary production methods and that are not the result of condensation of gas before or after it leaves the reservoir. See Montana Code 82-1-111
- Owner: means a person:
(a)who is listed with the American society of mechanical engineers or with the manufacturer as owner by the serial number of the liquefied petroleum product container;
(b)who holds a written bill of sale or other instrument under which title to a liquefied petroleum product container was transferred; or
(c)who holds a paid invoice showing purchase of and payment for a liquefied petroleum product container. See Montana Code 82-15-101
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means an individual, trust, estate, partnership, corporation, joint-stock company, firm, agency, association, or any receiver appointed by law. See Montana Code 82-15-101
- sale: includes barter and exchange. See Montana Code 82-15-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)”Antiknock index number” means the octane rating of the antiknock characteristics of a grade or type of motor fuel determined as provided in 16 C.F.R. § 306.0.
(2)”Dealer” means any person engaged in the petroleum business and includes petroleum dealers and liquefied petroleum dealers.
(3)”Department” means the department of labor and industry provided for in Title 2, chapter 15, part 17.
(4)”Liquefied petroleum dealer” means a dealer engaged, directly or indirectly, in the business of delivering or distributing to a consumer or of selling or offering or advertising for sale or refining or manufacturing or keeping for sale in this state any petroleum product composed predominantly of any of the following hydrocarbons or mixtures of hydrocarbons: propane, propylene, butanes (normal butane or isobutane), and butylenes but excluding prepackaged liquefied petroleum products.
(5)”Liquefied petroleum product” means a product composed predominantly of any of the following hydrocarbons or mixtures of hydrocarbons: propane, propylene, butanes (normal butane or isobutane), and butylenes.
(6)”Liquefied petroleum product container” means a container approved by the American society of mechanical engineers that can hold 110 gallons or more of a liquefied petroleum product.
(7)”Mislabeled” means a package label or dispensing device of a product that bears any statement, design, or device regarding the product or regarding ingredients or substances in the product or regarding the properties, quality, or kind of products that is false or misleading in any manner.
(8)”Owner” means a person:
(a)who is listed with the American society of mechanical engineers or with the manufacturer as owner by the serial number of the liquefied petroleum product container;
(b)who holds a written bill of sale or other instrument under which title to a liquefied petroleum product container was transferred; or
(c)who holds a paid invoice showing purchase of and payment for a liquefied petroleum product container.
(9)”Person” means an individual, trust, estate, partnership, corporation, joint-stock company, firm, agency, association, or any receiver appointed by law.
(10)”Petroleum dealer” means a dealer engaged, directly or indirectly, in the business of delivering or distributing to a consumer or offering or advertising for sale, refining, manufacturing, or keeping for sale in this state any gasoline, kerosene, distillate, road oil, fuel oil, lubricating oil, or greases or any oil or gas or oil and gas product except prepackaged petroleum products and except as otherwise defined as a liquefied petroleum dealer in subsection (4).
(11)”Sell” and “sale” includes barter and exchange.