§ 577. Prohibition on addition of gasoline ethers to fuel products

(a) Effective January 1, 2007, no person shall knowingly sell at retail in this State, sell for use in this State, or store in an underground or aboveground storage tank in this State any fuel product that contains a gasoline ether in a quantity greater than one-half of one percent per volume unless authorized under subsection (c) of this section. Nothing in this subsection shall be interpreted to prohibit the transshipment of a fuel product containing a gasoline ether in a quantity greater than one-half of one percent per volume through the State for disposition outside the State. Transshipment does not include the storage of a fuel product coincident to shipment.

(b) As used in this section:

(1) “Ether” means an organic compound formed by the treatment of an alcohol with a dehydrating agent resulting in two organic radicals joined by an oxygen atom.

(2) “Fuel product” means gasoline, reformulated gasoline, benzene, benzol, diesel fuel, kerosene, or any other volatile and inflammable liquid that is produced, compounded, offered for sale, or used to generate power in an internal combustion engine.

(3) “Gasoline ether” means any ether added to a fuel product, including methyl tertiary butyl ether (MTBE), tertiary amyl methyl ether (TAME), di-isopropyl ether (DIPE), and ethyl butyl ether (ETBE). “Gasoline ether” shall not include prepackaged goods intended for retail use, including starting fluid and octane booster.

(4) “Motor vehicle” means all vehicles propelled or drawn by power other than muscular power, except farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road-making appliances, snowmobiles, motorcycles, all-terrain vehicles, tracked vehicles, or electric personal assistive mobility devices.

(5) “Race” means a race or contest on an oval track permitted under 26 V.S.A. § 4802 involving a motor vehicle at which prizes or other consideration is awarded to participants or admission is charged to spectators. However, this subdivision shall not apply to sports car events as that term is defined in 26 V.S.A. § 4801.

(c) A fuel product used by a motor vehicle in a race may contain a gasoline ether and may be sold at retail or sold at wholesale for use in a race in the State, provided that it is sold in prepackaged drums, pails, or containers. (Added 2005, No. 26, § 2; amended 2007, No. 55, § 1, eff. May 29, 2007.)