STATE BY STATE ENFORCEMENT GUIDE NIST Handbook 130 ...€¦ · During the summer of 2012, the...

STATE BY STATE ENFORCEMENT GUIDE

NIST Handbook 130 Automotive Lubricants Regulations

2018 Update

As the fast lube industry’s national representative for the past 30 years, the Automotive Oil

Change Association (AOCA) strives to provide its members with unparalleled service in

regulatory, legislative, educational, and professional networking support. AOCA currently

represents over 4,000 automotive maintenance centers throughout the United States,

Mexico, Canada and many other countries around the world.

AOCA’s mission is to provide its members in the automotive services industry with the

business tools, resources, and education to professionally and successfully deliver

convenient automotive oil changes and other preventive maintenance services. AOCA is

also dedicated to enhancing the competency of fast lube owners, educating the public

about the benefits of preventive automotive maintenance, and maintaining a favorable

business environment for the industry.

AOCA members adhere to a Code of Ethics and a standard of service excellence. Members

provide "Professional Service at YOUR Convenience" to the motoring public, helping to

extend the life and safety factors of their motor vehicles through quality maintenance. In

addition, AOCA provides counsel on legislative and regulatory issues, represents the

industry on Capitol Hill, develops research data on the convenient auto service market, and

makes available a wide variety of business products and services to help members improve

business operations.

This Weights & Measures Guide is another crucial compliance tool in the ever growing

AOCA member toolbox, which includes the only fast lube-specific SPCC Plan for

aboveground storage of engine oil and the Fast Lube Superfund Defense Kit. For more

information, visit www.AOCA.org. AOCA gives special thanks to the Independent

Lubricant Manufacturers Association and Lubrizol for contributing to this project.

This guide exists for informational purposes only and not for the purpose of providing

legal advice. You should contact your attorney or other applicable service provider to

obtain advice with respect to any issues covered by the subject matter of this guide.

http://www.aoca.org/

AOCA State Guide for NIST Handbook 130 Rules on Automotive Lubricants – 2018 Update

Copyright © 2018 by The Automotive Oil Change Association of 27

OVERVIEW – ENGINE OIL REGULATION

During the summer of 2012, the National Conference on Weights & Measures (“NCWM”) adopted new

rules for engine oil labeling and receipts. These new rules were added to two key sections of the National

Institute of Standards & Technology (“NIST”) Handbook 130. Specifically, both the “Method of Sale”

and “Uniform Engine Fuels & Automotive Lubricants Regulation” sections now include engine oil

labeling and receipt requirements. Any state jurisdiction that adopts at least one of these sections has the

ability to enforce the rules against installers, like fast lubes. Most state enforcement will be undertaken by

local Departments of Weights & Measures.

During the summer of 2013, NCWM unanimously adopted AOCA’s amendment to the engine oil receipt

rule making distributors responsible for providing detailed product information upon delivery. This

amendment is part of the 2014 NIST Handbook 130 and is effective on January 1, 2014. Since lack of

distributor receipts for bulk oil deliveries has long been problematic, this particular rule change represents

a major victory for installers.

Question 1: Which states have adopted at least one of the NIST Handbook 130 sections that include

engine oil labeling and receipt rules?

Answer: Alabama, Alaska, Arkansas, Connecticut, Delaware, Illinois, Indiana, Iowa, Maine,

Michigan, Missouri, Nevada, New Hampshire, New Jersey, North Carolina, Oklahoma,

Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia,

Washington, and West Virginia. States that generally follow the Handbook rules for engine oil are

Florida, New Mexico, and New York. States intending to adopt the engine oil rules this year

include Hawaii and Oregon.

Question 2: What do the new rules require?

Answer (a) Labels: All receptacles, dispensers, and storage tanks for bulk engine oil must have

labels that include (a) viscosity, (b) engine service category in letters not less than 3.18 mm (1/8

in) in height, as defined by the latest version of SAE J183, “Engine Oil Performance and Engine

Service Classification (other than Energy Conserving)” or API Publication 1509, and (c) either

“inactive” or “obsolete” if the oil formerly was but no longer is a current API service category. In

addition, packaged goods—quart bottles, etc.—must be labeled with (a) viscosity, (b) intended

use, (c) brand, (d) engine service category in letters not less than 3.18 mm (1/8 in) in height, as

defined by the latest version of SAE J183, “Engine Oil Performance and Engine Service

Classification (other than Energy Conserving)” or API Publication 1509, and (e) either “inactive”

or “obsolete” if the oil is not a current API service category.

Answer (b): Receipts: The same information listed on labels must be on all customer receipts for

an oil change. As of January 1, 2014, distributors in participating states will be required to provide

the following information on an invoice, bill of lading, shipping paper or other documentation

whenever engine oil is sold in bulk: (a) quantity delivered; (b) viscosity; (c) intended use; (d)

brand; (e) Engine Service Category; (f) name and address of the seller and buyer; (g) date and time

of sale; and (h) if the bulk oil is an inactive or obsolete API service category, the paperwork must

contain a visible cautionary statement.

Question 3: Can installers be fined and/or shut down for failure to comply with these rules?



Answer: Yes

Question 4: What about OEM-approved oil like VW’s Motul 504-507 or ACEA category oils that may

not reference an API service category? Isn’t there a clarification meant to prevent the Inactive/Obsolete

(I/O) label from applying to that kind of packaged engine oil?

Answer: Yes. NCWM adopted AOCA’s amendment to officially fix the code’s ambiguous

language and recognize OEM engine oil with or without a reference to any standards organization

like API, ACEA or JASO.

Question 5: What are the effective dates for the labeling and receipt rules?

Answer: For states that adopted immediately, the labeling rules were effective on January 1, 2013,

and the invoice/receipt rule applicable to installers was effective on July 1, 2013. The

invoice/receipt rule applicable to distributors was effective January 1, 2014.

Question 6: What happens during a typical weights and measures inspection?

Answer: The main purpose of an enforcement visit will likely be to determine if products being

sold match advertising, receipts, and labels, including equipment labeling. Whenever an

enforcement agent arrives, first ask to see their credentials. Second, ask them about the scope of

their investigation so you can determine if you need additional staff or other professional

assistance. Third, accompany the inspector at all times and make sure management is present to

answer any questions. Fourth, request split samples of any samples taken from tanks, other

equipment or packaged goods, and ask for copies of any photos or videos taken. They will most

likely ask for distributor contact information in the event that quality issues arise.

Question 7: Is it possible to get a free copy of NIST Handbook 130 current and past editions?

Answer: Yes. The 2018 version can be downloaded at

http://nvlpubs.nist.gov/nistpubs/hb/2018/NIST.HB.130-2018.pdf. Most recent editions can be

downloaded at www.nist.gov.

OVERVIEW – TRANSMISSION PRODUCT REGULATION

During the summer of 2017, after several years of negotiations, the National Conference on Weights &

Measures (“NCWM”) adopted new rules for transmission product labeling and receipts. These new rules

were added to two key sections of the National Institute of Standards & Technology (“NIST”) Handbook

130. Specifically, both the “Method of Sale” and “Uniform Engine Fuels & Automotive Lubricants

Regulation” sections now include identical transmission product labeling and receipt requirements that

were effective January 1, 2018. Any state jurisdiction that adopts at least one of these sections has the

ability to enforce the rules against installers (fast lubes), retailers, distributors, and manufacturers. Most

state enforcement will be undertaken by local Departments of Weights & Measures.

The implications to professional installers include:

Responsibility for installing products that meet the labeling requirements even if the customers

never actually see the labels on quart bottles, totes or tanks;

http://nvlpubs.nist.gov/nistpubs/hb/2018/NIST.HB.130-2018.pdf

http://www.nist.gov/



Responsibility to provide required information on customer receipts;

Responsibility to review inventory stored onsite to change bulk labels if necessary and exchange

packaged product for product with updated labels if necessary; i.e., reasonable “sell-through”

grace periods are not guaranteed in each state;

Failure to comply can result in stop sale orders, sudden loss of available products to service

customers, up to $1,000 fine per customer serviced depending on the state, civil fraud penalties,

and significant defense transaction costs.

The implications to lubrication marketers include:

Responsibility for updating packaged products to meet the new labeling requirements; i.e.,

reasonable “sell-through” grace periods are not guaranteed in each state;

Responsibility to have available upon request by authorized state personnel credible

documentation of “suitable for use” claims based upon appropriate field, bench and/or

transmission rig testing;

Responsibility for demonstrating either a license or relevant test data for fluid held out as meeting

OEM requirements;

Responsibility for including all necessary information on bulk delivery receipts which must

accompany each delivery;

Responsibility for updating storage tank labels to meet new labeling requirements;

Likely requests from customers for assistance updating existing product labels; and

Failure to comply, which can result in stop sale orders, product recalls, third-party testing costs,

civil fraud penalties, contribution claims, and significant defense transaction costs.

Question 1: Which regulation is each state following?

(a) The following states have adopted at least one of the NIST Handbook 130 sections that include

transmission product labeling and receipt rules. Unless otherwise stated, each listed state’s

effective date was January 1, 2018: Alabama, Alaska (effective 5-5-18), Arkansas (effective 9-1-

18), Connecticut, Delaware, Illinois, Maine, Missouri (anticipates December 2018 effective date),

Nevada, New Hampshire, New Jersey, North Carolina, Rhode Island, South Carolina, Tennessee,

Texas, Utah, Vermont, Virginia, Washington, and West Virginia.

(b) The states that do not formally adopt but report generally following the new transmission rules in

2018 NIST Handbook 130 as a model are Florida, Georgia, New Mexico, and New York.

(c) The following states are in the process of adopting the new transmission rules in 2018 NIST

Handbook 130 or similar rules:

Arizona (proposing to adopt 2018 Handbook 130 with public comment late winter/early

spring; earliest effective date would be in October 2018)

California (a mid-2018 public workshop and proposal process was indicated but did not

occur; 2020 likely earliest effective date)

Hawaii (in process of proposing adoption to W&B board)

Oregon (late 2018 earliest effective date)



(d) The following states have adopted an older version of NIST Handbook 130 from 2004-2017

containing different transmission product requirements: Indiana, Iowa, Kansas, Michigan,

Montana, and South Dakota.

(e) The following states report having no weights and measures regulation covering transmission

product labels and receipts or state statutes of general application: Colorado, Indiana, Kentucky,

Louisiana, Wyoming.

Question 2: What do the new rules require?

Container labels, installer customer receipts, and transporter bulk delivery receipts shall not

contain any information that is false or misleading and must include the following:

Brand name;

Name and place of business of the manufacturer, packer, seller, or distributor;

The words “Transmission Fluid,” which may be incorporated into a more specific

description of transmission type such as “Automatic Transmission Fluid” or “Continuously

Variable Transmission Fluid;”

Primary performance claim or claims met by the fluid and reference to where any

supplemental claims may be viewed (for example, website reference). Performance claims

include but are not limited to those set by original equipment manufacturers, standards-

setting organizations such as SAE and JASO and/or demonstrations of suitability for use in

specific transmissions; and

An accurate statement of quantity in terms of liquid measure.

Storage tank labels must include the following information:

Brand name; and

Primary performance claim or claims met by the fluid or reference to where these claims

may be viewed (for example, website reference). Performance claims include but are not

limited to those set by original equipment manufacturers and standards-setting

organizations such as SAE and JASO and are acknowledged by reference.

Transmission fluid additives:

Must be compatible with the transmission fluid to which it is added and meet all

performance claims as stated on the label or published on any website referenced by the

label.

Any manufacturer of any such product sold in a covered state shall provide, upon request

by a duly authorized representative of the Director, documentation of any claims made on

their product label or published on any website referenced by the label.

Question 3: Can installers be fined and/or shut down for failure to comply with these rules?

Answer: Yes



STATE

WEIGHTS & MEASURES REGULATION

ALABAMA

Stacy Boshell, Director

Dept. of Ag & Industries

W&M Division

(334) 240-7134

[email protected]

Latest Edition NIST Handbook 130 Engine Oil Rules:

Labels (effective 01/01/13)

Receipt rule for installers (effective 07/01/13)

Receipt rule for distributors (effective 01/01/14)

Latest Edition NIST Handbook Transmission Product Rules:

Label & receipt rules for installers and distributors (effective

01/01/18)

ALASKA

Donald Brewer, Chief

Alaska Division of Measurement

Standards/CVE

(907) 365-1222

[email protected]

2015 NIST Handbook 130 Engine Oil Rules:

Labels, and receipt rules for installers and distributors (2015)

NIST Handbook 130 Transmission Product Rules:

AK adopted 2018 NIST Handbook 130 MOS in 17 AAC 90.616.

Method of sale; commodities. Effective May 5, 2018.

ARIZONA

Mark Killian, Director

Arizona Dept of Ag, W&M Services

Division

Michelle Wilson, Assoc, Dir. (602)

771-4933

[email protected]


Labels, and receipt rules for installers and distributors (2015)

NIST Handbook 130 Transmission Product Rules:

Proposing adoption of 2018 Handbook 130.

Public comment period anticipated late winter/early spring.

Anticipated effective date in October 2018.

ARKANSAS

Tom Pugh, Director

Tim Chesser, Asst. Deputy Director;

State Plant Board Bureau of

Standards

(501) 570-1159

[email protected]

[email protected]







09/01/18)

CALIFORNIA

Kristen Macey, Director

CDFA DMS

(916) 229-3000

California AB808 (enacted 2015) states CDFA shall adopt the

“latest version” of NIST Handbook 130 for Method of Sale.

CDFA indicated a plan to hold public meetings on a transmission

products regulatory proposal in mid-2018 has not done so.

COLORADO

Mahesh Albuquerque, Director

CDLE-Oil & Public Safety

(303) 318-8502

[email protected]

Engine Oil Rules:

Previously adopted the 2012 NIST Handbook 130 MOS which

does not contain the new engine oil labeling and receipt

requirements, although it does contain other general engine oil

requirements.

mailto:[email protected]








STATE


Transmission Product Rules:

Colorado does “not have specific statutory authority over the

quality or method of sale of transmission fluid.”

CONNECTICUT

Frank Greene, Director

CT Dept of Consumer Protection

(860) 713-6168

[email protected]







01/01/18)

DELAWARE

Steven Connors, Administrator

Dept. of Ag W&M Dept.

(302) 698-4602

[email protected]

[email protected]







01/01/18)

FLORIDA

Harold Prince, Bureau Chief, Dept.

of Ag & Consumer Services/Bureau

of Standards

(850) 921-1570

[email protected]

Florida reports generally following the latest version of NIST

Handbook 130 without formal adoption. However, they have

historically only sampled engine fuels in the field.

GEORGIA

Richard Lewis, Director

Department of Agriculture

Fuel & Measures Division

(404) 656-3605 [email protected]

Engine Oil Rules: Georgia W&M uses the latest NIST Handbook

130 as a guideline, as well as a combination of O.C.G.A. Title 10,

Chapter 1 and Article 8, Part 155; the latest version of the Annual

Book of ASTM Standards Section: 5 Petroleum Products,

Lubricants, and Fossil Fuels; EPA regulations; and FTC product

labeling codes.

Transmission Product Rules: Georgia W&M uses the latest

NIST Handbook 130 as a guideline.

HAWAII

Jeri Kahana, Administrator

Dept. of Ag. Standards & Technical

Services (808) 973-9560 [email protected]

Hawaii adopted the 1993 NIST Handbook 130 (Method of Sale)

and is proposing the board adopt 2018 Handbook 130 during 2018.

The current state rules for Brake Fluids, Coolants, Petroleum

Products, and After-Market Additives are found in AR-86 at

http://hdoa.hawaii.gov/admin-rules/







http://hdoa.hawaii.gov/admin-rules/



STATE


IDAHO

Kevin Merritt, Section Manager;

Dept. of Ag, W&M Bureau


Engine Oil Rules: Idaho Statute 37-2506: “Motor oils shall

conform to the latest viscosity classifications of [SAE]. Motor oils

falling outside those viscosity classifications shall not carry the

SAE designation.”

Transmission Product Rules: There are currently no labeling or

receipt rules except general state Unfair & Deceptive Practices Act

considerations.

ILLINOIS

Doug Rathbun, Bureau Chief

Dept. of Agriculture

Bureau of W&M

(217) 558-4531

[email protected]







01/01/18)

INDIANA

Michael Miller, Interim Director

Department of Health; Weights,

Measures and Metrology Program

(317) 356-7078 ext. 225

[email protected]


Labels; installer receipts; distributor receipts.

2014 NIST Handbook 130 Transmission Product Rules:

Labels

IOWA

Randy Watts, Bureau Chief

IDALS W&M Bureau

515-725-1493 [email protected]

2013 NIST Handbook 130 Engine Oil Rules (UEF&AL):

Labels; installer receipts: enforcement notified of distributor

receipt loophole fix in 2014 NIST Handbook 130.


Labels

KANSAS

Doug Musick, Program Manager

Dept. of Ag, W&M Div.

(785) 862-2415

[email protected]


Labels


Labels

KENTUCKY

Jason Glass, Asst. Director

Dept of Ag, W&M

(502) 573-0282

[email protected]

KRS Section 363.540 indicates the state shall follow NIST

standards, and Kentucky W&M currently adheres to the 2002

NIST Handbook 130.









STATE


LOUISIANA

Richert Williams, Asst. Div. Dir.

Dept. of Ag & Forestry, W&M

(318) 487-5088

[email protected]

LA has adopted only the Price Verification Examination Procedure

from NIST Handbook 130. LA does not have specific laws or rules

for transmission fluid. For general petroleum product labeling,

review R.S.3 Sections 4672 and 4673.

MAINE Celeste Poulin, Director of Quality

Assurance


(207) 287-3841

[email protected]







01/01/18)

MARYLAND

Kenneth Ramsburg, Director

Dept. of Ag, W&M Program

(410) 841-5790

[email protected]

Maryland W&M does not regulate engine oil or transmission

product labeling and receipt requirements.

MASSACHUSETTS

Charles Carroll, Director

Office of Consumer Affairs &

Business Regulation

Div. of Standards

(617) 727-3480

[email protected]

“Massachusetts Division of Standards does not in any way

regulate transmission product labels and receipts under any state

code provisions.”

MICHIGAN

Craig VanBuren, Director

Dept. of Ag & Rural Development

Weights & Measures

(517) 655-8202

[email protected]


Labels and receipt rules for installers and distributors (04/05/17)

Enforcement to begin no later than April 5, 2018. Both viscosity &

additives will be tested.


Labels

MINNESOTA

Julie Quinn, Director

Dept. of Commerce, W&M

(651) 215-5823

[email protected]

MN W&M does not have jurisdiction over quality claims on

engine oil or transmission fluid, but rather over quantity and

identity labeling in general. MN Statute §239.092 specifies what

must be on the delivery ticket when a product is sold from bulk

and requires “the identity of the commodity in the most descriptive

terms commercially practicable, including representations of

quality made in connection with the sale.” It does not specify the









STATE


info required on the storage tank.

https://www.revisor.mn.gov/statutes/?id=239.092

MN Statute §239.092 specifies that pre-packaged product must

have an identity and quantity statement but is silent on quality

claims. https://www.revisor.mn.gov/statutes/?id=239.093

MISSISSIPPI

Brent Bowman, Div. Director

Dept. of Ag & Commerce, W&M

(601) 359-1144

Mississippi has not adopted NIST Handbook 130 Method of Sale

or Uniform Engine Fuels & Automotive Lubricants Regulations.

MISSOURI

Ron Hayes, Director

Dept. of Ag., W&M Div.

(573) 751-4316

[email protected]






Label & receipt rules for installers and distributors. Agency is

reviewing for adoption; anticipates October 2018 effective date.

MONTANA

Tim Lloyd, Bureau Chief

Dept. of Labor & Industry, W&M

(406) 841-2053

[email protected]


Labels


Labels

NEBRASKA

Ken Tichota, Administrator

Dept. of Agriculture, W&M

(402) 471-3422

[email protected]

Nebraska W&M has no regulation that covers engine oil or

transmission products.

NEVADA

William Striejewske


Weights & Measures

(775) 353-3601

[email protected]







01/01/18)

NEW HAMPSHIRE

Scott Vaillancourt, Director

Dept. of Ag, Markets & Food

Div. of W&M













STATE


(603) 271-3700

[email protected]



01/01/18)

NEW JERSEY

David Freed, Acting Superintendent

Dept. of Law & Public Safety

Office of W&M

(732) 815-7805

[email protected]







01/01/18)

NEW MEXICO David Turning, Asst. Div. Director;

Standards and Consumer Services

NM Dept. of Agriculture

(575) 646-1616

[email protected]

Engine Oil Rules:

NM uses NIST Handbook 130 as a non-mandatory reference to

compliment the New Mexico Petroleum Products Standards Act

§57-19-30 and §57-19-32. Cross-reference ASTM standards for

quality testing.


January 1, 2018 as reference guide (labels & receipts)

Otherwise NMPPSA applies.

NEW YORK

Mike Sikula, Director

Dept. of Ag & Markets; W&M

(518) 457-3146

[email protected]

Although New York does not adopt NIST Handbook 130, the

Bureau does refer to it generally as a model.

General Method of Sale from 1 NYCRR Part 221.9(y) applies to

engine oil labels (product identity, responsible party, quantity).

1 NYCRR Part 224 also gives the Bureau authority to test engine

oil and transmission fluid for quality.

NORTH CAROLINA

Steve Benjamin, Director

Dept. of Ag & Consumer Services,

Standards Division

(919) 733-3246

[email protected]







01/01/18)

NORTH DAKOTA

Konrad Crockford, Director of

Compliance, Public Service

Commission

North Dakota W&M has not adopted NIST Handbook 130 and has

no alternative requirements for engine oil and transmission product

labels and receipts.








STATE


(701) 328-2400 #0

[email protected]

OHIO

Fran Elson-Houston, Director

Dept. of Ag. W&M

(614) 728-6290

[email protected]

Ohio W&M has not adopted NIST Handbook 130 and has no

alternative requirements for engine oil and transmission product

labels and receipts.

OKLAHOMA

Butch Jeffers

State Corporation Commission

(regulates engine oil)

(405) 522-5265

[email protected]






Oklahoma provides no statutory authority to regulate transmission

fluid or additives.

OREGON

Steve Harrington, Program Manager

Dept. of Agriculture

Measurement Standards Div.

(503) 986-4677; 931-3156

[email protected]

Oregon currently references 2009 NIST HB 130 and plans to adopt

2018 NIST HB 130; rulemaking process anticipated July 2018.

PENNSYLVANIA

Walter Remmert, Director

Dept. of Ag., W&M Div.

(717) 787-9089

[email protected]

Engine Oil Rules:

Labels (January 1, 2013)

Receipt rule for installers (July 1, 2013)

Receipt rule for distributors (January 1, 2014)


Non-responsive

RHODE ISLAND

Gary Gagne

Sealer of W&M Portsmouth

Dept. of Labor & Training

Weights & Measures Unit

(401) 862-5026

[email protected]







01/01/18)

SOUTH CAROLINA

John Stokes, Consumer Services

Director

Dept. of Ag., W&M Program













STATE


(803) 737-9696

[email protected]



01/01/18)

SOUTH DAKOTA

Lori Jacobson, Director

Department of Public Safety

W&M Program

(605) 773-3808

[email protected]



10/17/16)


Labels & additive compatibility (effective 10/17/16)

TENNESSEE

Randy Jennings, Operations

Director


Weights & Measures Section

(615) 837-5109

[email protected]





Latest Edition NIST Handbook 130 Transmission Product

Rules:


01/01/18)

TEXAS

Stuart Strnad, Director Consumer

Product Protection

Dept. of Ag., W&M Prog.

(512) 463-5706

[email protected]






Rules:


01/01/18)

UTAH

Brett Gurney, Program Manager

Dept. of Ag. & Food

Weights & Measures

(801) 538-7158

[email protected]






Rules:


01/01/18)

Vermont Marc Paquette










STATE


Weights & Measures

Supervisor/Metrologist [email protected]

802-793-6744




Rules:


01/01/18)

VIRGINIA

Joel Maddux, Program Manager

Dept. of Ag. & Consumer Services;

Office of W&M







Rules:


01/01/18)

WASHINGTON

Jerry Buendel, Program Manager

Dept. of Ag., W&M

(360) 951-2035

(360) 902-1856

[email protected]






Rules:

Label & receipt rules for installers and distributors (rulemaking to

adopt anticipated to begin April 2018)

WEST VIRGINIA

Tory Brewer, Director

Weights & Measures

Division of Labor

(304) 722-0602

[email protected]

[email protected]

(Commissioner)






Rules:


01/01/18)

WISCONSIN

Rachelle Miller, W&M Sec. Chief

Dept. of Agriculture, Trade &

Commerce, Weights & Measures

(608) 224-5156

[email protected]

Engine Oil Rules:

Labels must display identity, responsible party including location,

and quantity.


Labels must display identity, responsible party including location,

and quantity.









STATE


WYOMING

Robert Weidler

Dept. of Ag., W&M

(307) 777-7321

[email protected]

Engine Oil & Transmission Product Rules:

Wyoming Statute 40-10-126 (method of sale re: quantity

verification); Wyoming Statute 40-10-128 (sale from bulk requires

detailed delivery tickets unless advance agreement that it’s not

required).

2018 NIST HANDBOOK 130 TRANSMISSION PRODUCT RULES

IMPLEMENTATION CLARIFICATION REQUEST RESULTS

States willing to consider on a case by case basis

reasonable sell-through of transmission products

that may have non-compliant labels received prior

to regulatory effective date.

Connecticut, Illinois, Maine, North Carolina,

Washington, West Virginia

States with no objection to using a product data

sheet (“sell sheet”) as a storage tank label.

Arkansas, Colorado, Connecticut, Hawaii, Georgia,

Maine, Nevada, New York, North Carolina,

Oregon, South Carolina, Tennessee, West Virginia

States with no opposition to example performance

claims.*

Arkansas, Colorado, Georgia, Illinois, Louisiana,

Maine, Nevada, North Carolina (except scan

codes), Oregon, South Carolina, Tennessee,


States with no opposition to historical lubricants

industry concept of “compatibility” of additives.**

Arkansas, Illinois, Louisiana, Maine, Nevada,

North Carolina, Oregon, South Carolina,


*EXAMPLE PERFORMANCE CLAIMS. The following options for expressing Method of Sale

Section 2.36.2.1(d) / Uniform Engine Fuel & Automotive Lubricants Regulation Section 3.14.1.1(d)

performance claims for transmission fluid were deemed acceptable:

“BRAND X Automatic Transmission Fluid is engineered to be suitable for use in most automatic

transmissions including but not limited to those recommended by original equipment

manufacturers to use Dexron II, Dexron III, Dexron III-H, Dexron VI, Ford Mercon LV, Mercedes

Benz (Daimler Chrysler) MB NAG-2, Toyota WS, Ford NGF, Allison C-4, TES 389, Z-F, Voith

and many others. For further information visit our website at www.brandXatf.com.”

COMMENTARY: New section 2.36.1. MOS [2.14 UEF&ALR] Products for Use in

Lubricating Transmissions adds the “suitable for use” standard, which is linked to

performance claims proven by testing in specific equipment as opposed to matching


http://www.brandxatf.com/



recipes for specific fluid brands. The BRAND X example claims the fluid is suitable for

use in most automatic transmissions identified by OEMs to use certain fluids but does not

claim to meet the recipes associated with those fluids. More information on BRAND X can

be found at the website provided.

“BRAND Y Automatic Transmission Fluid is a premium quality, synthetic-blend automatic

transmission fluid specially designed for use in most domestic and many import passenger cars

and light trucks. Approved for service fill in all Ford vehicles that require a MERCON® V fluid

under license numbers #### and ####. Recommended by BRAND Y for service fill in most

Chrysler vehicles and in older Ford and GM vehicles where earlier-generation MERCON® or

DEXRON® III fluids were specified. Meets the performance requirements of the JASO 1A

standard for use in most Japanese vehicles. Call our Technical Support Hotline at ### for specific

applications.”

COMMENTARY: The BRAND Y example uses “suitable for use” performance claims

specific to transmission equipment, Ford approval and fluid licenses for performance

claims associated with Ford’s MERCON® V recipe, and the JASO 1A standard for “most”

Japanese vehicles. For specific applications, a technical support hotline is provided.

“BRAND Z AUTOMAKER Automatic Transmission Fluid V® is recommended for all automatic

transmissions requiring AUTOMAKER V® transmission fluid. [QR CODE]”

COMMENTARY: The BRAND Z AUTOMAKER example is an equipment manufacturer

citing its own standard recipe AUTOMAKER V® for specific equipment. A QR CODE is

provided for access to additional product information.

**COMPATIBILITY. In the lubricants industry, “compatibility” refers to storage stability and

miscibility: the property of substances to mix in all proportions forming a homogeneous solution. Under

this definition, a transmission fluid additive that mixes in all proportions to form a homogenous solution

with a transmission fluid would be considered compatible. However, the state of being “compatible” does

not and, in our understanding, cannot legally override warranty limitations made by a manufacturer of

finished transmission fluid products with regard to unapproved product alterations.



2018 NIST HANDBOOK 130

Engine Oil Labeling and Receipt Rules in both Method of Sale & Uniform Engine Fuels and

Automotive Lubricants Regulations have not changed since the 2014 Edition (below on pages 20-21).

Transmission Product Labeling and Receipt Rules

Method of Sale 2.36.1 – 2.36.3 and Uniform Engine Fuels and Automotive Lubricants 3.14.1.1 – 3.14.1.6.

2.36. Transmission Fluid.

2.36.1. Products for Use in Lubricating Transmissions. – Transmission fluids shall meet the

original equipment manufacturer’s requirements for those transmissions or have demonstrated

performance claims to be suitable for use in those transmissions. Where a fluid can be licensed

against an original equipment manufacturer’s specification, evidence of current licensing by the

marketer is acceptable documentation of performance against the specification. In the absence of a

license from the original equipment manufacturer, adherence to the original equipment

manufacturer’s recommended requirements shall be assessed after testing per relevant methods

available to the lubricants industry and the state regulatory agency. Suitability for use claims shall

be based upon appropriate field, bench, and/or transmission rig testing. Any manufacturer of a

transmission fluid making suitable-for-use claims shall provide, upon request by a duly authorized

representative of the Director, credible documentation of such claims. If the product performance

claims published by a blender and/or marketer are based on the claim(s) of one or more additive

suppliers, documentation of the claims may be requested in confidence by a duly authorized

representative of the Director. Supporting data may be supplied directly to the Director’s office by

the additive supplier(s).

(Added 2017)

2.36.1.1. Conformance. – Conformance of a fluid per Section 2.36.1. Products for Use in

Lubricating Transmissions does not absolve the obligations of a fluid licensee with respect to the

licensing original equipment manufacturer or the original equipment manufacturer’s licensing

agent(s), where relevant.

(Added 2017)

2.36.1.2. Transmission Fluid Additives. – Any material offered for sale or sold as an additive to

transmission fluids shall be compatible with the transmission fluid to which it is added, and shall

meet all performance claims as stated on the label or published on any website referenced by the

label. Any manufacturer of any such product sold in this state shall provide, upon request by a

duly authorized representative of the Director, documentation of any claims made on their product

label or published on any website referenced by the label.

(Added 2017)

2.36.2. Labeling and Identification of Transmission Fluid. – Transmission fluid shall be labeled or

identified as described below.

(Added 2017)

2.36.2.1. Container Labeling. – The label on a container of transmission fluid shall not contain

any information that is false or misleading. Containers include bottles, cans, multi-quart or liter



containers, pails, kegs, drums, and intermediate bulk containers (IBCs). In addition, each container

of transmission fluid shall be labeled with the following:

(a) the brand name;

(b) the name and place of business of the manufacturer, packer, seller, or distributor;

(c) the words “Transmission Fluid,” which may be incorporated into a more specific


Variable Transmission Fluid”;

(d) the primary performance claim or claims met by the fluid and reference to where any

supplemental claims may be viewed (for example, website reference). Performance claims

include but are not limited to those set by original equipment manufacturers and standards

setting organizations such as SAE and JASO and are acknowledged by reference; and

(e) an accurate statement of the quantity of the contents in terms of liquid measure.

(Added 2017)

2.36.2.2. Identification on Documentation. – Transmission fluid sold in bulk shall be identified

on the manufacturer, packer, seller, or distributor invoice, bill of lading, shipping paper, or other

documentation with the information listed below:

(a) the brand name;





(d) the primary performance claim or claims met by the fluid or reference to where these

claims may be viewed (for example, website reference). Performance claims include but

are not limited to those set by original equipment manufacturers and standards setting

organizations such as SAE and JASO and are acknowledged by reference; and


(Added 2017)

2.36.2.3. Identification on Service Provider Documentation. – Transmission fluid installed

from a bulk tank at time of transmission service shall be identified on the customer invoice with

the information listed below:

(a) the brand name;

(b) the name and place of business of the service provider;




(d) the primary performance claim or claims met by the fluid or reference to where these


are not limited to those set by original equipment manufacturers and standards setting

organizations such as SAE and JASO and are acknowledged by reference; and


(Added 2017)

2.36.2.4. Bulk Delivery. – When the transmission fluid is sold in bulk, an invoice, bill of lading,

shipping paper, or other documentation must accompany each delivery. This document must

identify the fluid as defined in Section 2.36.2.2. Identification on Documentation.



(Added 2017)

2.36.2.5. Storage Tank Labeling. – Each storage tank of transmission fluid shall be labeled with

the following:

(a) the brand name;

(b) the primary performance claim or claims met by the fluid or reference to where these


are not limited to those set by original equipment manufacturers and standards-setting

organizations such as SAE and JASO and are acknowledged by reference.

(Added 2017)

2.36.3. Documentation of Claims Made Upon Product Label. – Any manufacturer, packer, or

distributor of any product subject to this article and sold in this state shall provide, upon request of

duly authorized representatives of the Director, credible documentation of any claim made upon

their product label, including claims made on any website referenced by said label. If the product

performance claims published by a blender and/or marketer are based on the claim(s) of one or

more additive suppliers, documentation of the claims may be requested in confidence by a duly

authorized representative of the Director. Supporting data may be supplied directly to the

Director’s office by the additive supplier(s).

(Added 2017)

2004 to 2017 NIST HANDBOOK 130

Uniform Engine Fuels and Automotive Lubricants Regulation of Transmission Fluid

2.14. Products for Use in Lubricating Automatic Transmissions. – Any automatic transmission

fluid sold without limitation as to type of transmission for which it is intended shall meet all

automotive manufacturers’ recommended requirements for transmissions in general use in the

state. Automatic transmission fluids that are intended for use only in certain transmissions, as

disclosed on the label of its container, shall meet the latest automotive manufacturers’

recommended requirements for those transmissions. Adherence to automotive manufacturers’

recommended requirements shall be based on tests currently available to the lubricants’ industry

and the state regulatory agency. Any material offered for sale or sold as an additive to automatic

transmission fluids shall be compatible with the automatic transmission fluid to which it is added,

and shall meet all performance claims as stated on the label. Any manufacturer of any such

product sold in this state shall provide, upon request by a duly authorized representative of the

Director, documentation of any claims made on their product label.

(Added 2004)

3.14. Automatic Transmission Fluid.

3.14.1. Labeling. – The label on a container of automatic transmission fluid shall not contain any

information that is false or misleading. In addition, each container of automatic transmission fluid

shall be labeled with the following:

(a) the brand name;


(c) the words “Automatic Transmission Fluid”;



(d) the duty type of classification; and


3.14.2. Documentation of Claims Made Upon Product Label. – Any manufacturer or packer of any

product subject to this article and sold in this state shall provide, upon request of duly authorized

representatives of the Director, documentation of any claim made upon their product label.

(Added 2004)

2014 NIST HANDBOOK 130 METHOD OF SALE SECTION 2.33 (Identical language is found in the Uniform Engine Fuels and Automotive Lubricants Regulation §3.13)

2.33. Oil.

2.33.1. Labeling of Vehicle Engine (Motor) Oil. – Vehicle engine (motor) oil shall be labeled.

2.33.1.1. Viscosity. – The label on any vehicle engine (motor) oil container, receptacle, dispenser,

or storage tank, and any invoice or receipt from service on an engine that includes the installation

of vehicle engine (motor) oil dispensed from a receptacle, dispenser, or storage tank, shall contain

the viscosity grade classification preceded by the letters “SAE” in accordance with SAE

International’s latest version of SAE J300, “Engine Oil Viscosity Classification.”

2.33.1.2. Intended Use. – The label on any vehicle engine (motor) oil container shall contain a

statement of its intended use in accordance with the latest version of SAE J183, “Engine Oil

Performance and Engine Service Classification (other than Energy Conserving).”

2.33.1.3. Brand. – The label on any vehicle engine (motor) oil container and the invoice or receipt

from service on an engine that includes the installation of vehicle engine (motor) oil dispensed

from a receptacle, dispenser, or storage tank shall contain the name, brand, trademark, or trade

name of the vehicle engine (motor) oil.

2.33.1.4. Engine Service Category. – The label on any vehicle engine (motor) oil container,

receptacle, dispenser, or storage tank and the invoice or receipt from service on an engine that

includes the installation of vehicle engine (motor) oil dispensed from a receptacle, dispenser, or

storage tank shall contain the engine service category, or categories, displayed in letters not less

than 3.18 mm (1/8 in) in height, as defined by the latest version of SAE J183, “Engine Oil

Performance and Engine Service Classification (other than Energy Conserving)” or API

Publication 1509, “Engine Oil Licensing and Certification System.”

2.33.1.4.1. Inactive or Obsolete Service Categories. – The label on any vehicle engine

(motor) oil container, receptacle, dispenser, or storage tank and the invoice or receipt from

service on an engine that includes the installation of vehicle engine (motor) oil dispensed

from a receptacle, dispenser, or storage tank shall bear a plainly visible cautionary

statement in compliance with the latest version of SAE J183, Appendix A, whenever the

vehicle engine (motor) oil in the container or in bulk does not meet an active API service

category as defined by the latest version of SAE J183, “Engine Oil Performance and

Engine Service Classification (other than Energy Conserving).”



2.33.1.5. Tank Trucks or Rail Cars. – Tank trucks, rail cars, and other types of delivery trucks that

are used to deliver vehicle engine (motor) oil are not required to display the SAE viscosity grade

and service category or categories on such tank trucks, rail cars, and other types of delivery trucks.

(Amended 2013)

2.33.1.6. Documentation. – When the engine (motor) oil is sold in bulk, an invoice, bill of lading,

shipping paper, or other documentation must accompany each delivery. This document must

identify the quantity of engine (motor) oil delivered as defined in Sections 2.33.1.1. Viscosity;

2.33.1.2. Intended Use; 2.33.1.3. Brand; 2.33.1.4. Engine Service Category; the name and address

of the seller and buyer; and the date and time of the sale. For inactive or obsolete service

categories, the documentation shall also bear a plainly visible cautionary statement as required in

Section 2.33.1.4.1. Inactive or Obsolete Service Categories, documentation must be retained at the

retail establishment for a period of not less than one year. (Added 2013)

(Added 2012) (Amended 2013)

2013 NIST HANDBOOK 130 METHOD OF SALE SECTION 2.33 (Identical language is found in the Uniform Engine Fuels and Automotive Lubricants Regulation §3.13)

2.33. Oil.

2.33.1. Labeling of Vehicle Engine (Motor) Oil. – Vehicle engine (motor) oil shall be labeled.

2.33.1.1. Viscosity. – The label on any vehicle engine (motor) oil container, receptacle,

dispenser, or storage tank, and any invoice or receipt from service on an engine that includes the

installation of vehicle engine (motor) oil dispensed from a receptacle, dispenser, or storage tank,

shall contain the viscosity grade classification preceded by the letters “SAE” in accordance with

SAE International’s latest version of SAE J300, “Engine Oil Viscosity Classification.”

2.33.1.2. Intended Use. – The label on any vehicle engine (motor) oil container shall contain a

statement of its intended use in accordance with the latest version of SAE J183, “Engine Oil

Performance and Engine Service Classification (other than Energy Conserving).”

2.33.1.3. Brand. – The label on any vehicle engine (motor) oil container and the invoice or receipt

from service on an engine that includes the installation of vehicle engine (motor) oil dispensed

from a receptacle, dispenser, or storage tank shall contain the name, brand, trademark, or trade

name of the vehicle engine (motor) oil.

2.33.1.4. Engine Service Category. – The label on any vehicle engine (motor) oil container,

receptacle, dispenser, or storage tank and the invoice or receipt from service on an engine that

includes the installation of vehicle engine (motor) oil dispensed from a receptacle, dispenser, or

storage tank shall contain the engine service category, or categories, met in letters not less than

3.18 mm (1/8 in) in height, as defined by the latest version of SAE J183, “Engine Oil

Performance and Engine Service Classification (other than Energy Conserving)” or API

Publication 1509, “Engine Oil Licensing and Certification System.”



2.33.1.4.1. Inactive or Obsolete Service Categories. – The label on any vehicle engine

(motor) oil container, receptacle, dispenser, or storage tank and the invoice or receipt from

service on an engine that includes the installation of vehicle engine (motor) oil dispensed

from a receptacle, dispenser, or storage tank shall bear a plainly visible cautionary

statement in compliance with the latest version of SAE J183, Appendix A, whenever the

vehicle engine (motor) oil in the container or in bulk does not meet an active API service

category as defined by the latest version of SAE J183, “Engine Oil Performance and

Engine Service Classification (other than Energy Conserving).”

2.33.1.5. Tank Trucks or Rail Cars. – Tank trucks, rail cars, and other types of delivery trucks that

are used to deliver vehicle engine (motor) oil are not required to display the SAE viscosity grade

and service category or categories as long as the bill of lading or other documentation provides

that information.

All references to invoice or receipt will be enforceable effective on July 1, 2013.

2013 NIST Handbook 130 Uniform Engine Fuels & Automotive Lubricants Regulation Section 3

Classification and Method of Sale of Petroleum Products

3.1.1. Documentation. – When products regulated by this rule are sold, an invoice, bill of lading,

shipping paper, or other documentation must accompany each delivery other than a retail sale. This

document must identify the quantity, the name of the product, the particular grade of the product, the

applicable automotive fuel rating, and oxygenate type and content (if applicable), the name and address of

the seller and buyer, and the date and time of the sale. Documentation must be retained at the retail

establishment for a period not less than one year.

(This section has been effective since 2008)

States currently adopting the 2013 NIST Handbook 130 section on Uniform Engine Fuels & Automotive

Lubricants include Alabama, Arkansas, Delaware, Illinois, Maine, and West Virginia. There may be a

handful of other states that have adopted earlier editions of the section from 2008 through 2011, which

include the documentation requirement printed above.

2012 NIST Handbook 130 Uniform Engine Fuels & Automotive Lubricants Regulation

2.12. Motor Oil. – Shall not be sold or distributed for use unless the product conforms to the following

specifications:

(a) performance claims listed on the label shall be evaluated against SAE J183, API 1509 “Engine

Oil Licensing and Certifications System,” or other industry standards as applicable;

(b) the product shall meet its labeled viscosity grade specification as specified in the latest

published version of SAE J300; and



(c) any engine oil that is represented as “energy conserving” shall meet the requirements

established by the latest revision of SAE J1423.

3.13.1. Labeling of Vehicle Motor Oil.

3.13.1.1. Viscosity. – The label on each container of vehicle motor oil shall contain the viscosity

grade classification preceded by the letters “SAE” in accordance with the SAE International’s

latest version of SAE J300.

3.13.1.2. Intended Use. – The label on each container of vehicle motor oil shall contain a

statement of its intended use in accordance with the latest version of SAE J300.

3.13.1.3. Engine Service Category. – The label on each container of vehicle motor oil shall contain

the engine service category, or categories, met in letters not less than 3.18 mm (1/8 in) in height,

as defined by the latest version of SAE J183 or API Publication 1509, “Engine Oil Licensing and

Certification System.”

3.13.1.3.1. Exception for Quantities of One Gallon (3.785 L) or Less. – A container of engine

vehicle motor oil with a volume of 1 gal (3.785 L) or less that does not meet an active service

category, as defined by the latest version of SAE J183, shall bear a plainly visible cautionary

statement in compliance with SAE J183, Appendix A, for obsolete API oil categories.


2.12. Motor Oil. – shall not be sold or distributed for use unless the product conforms to the following

specifications:

(a) Performance claims listed on the label shall be evaluated against SAE J183, API 1509 “Engine

Oil Licensing and Certifications System,” or other industry standards as applicable;

(b) The product shall meet its labeled viscosity grade specification as specified in the latest

published version of SAE J300;

(c) Any engine oil that is represented as “energy conserving” shall meet the requirements



3.13.1.1. Viscosity. – The label on each container of vehicle motor oil shall contain the viscosity



3.13.1.2. Intended Use. – The label on each container of vehicle motor oil shall contain a




3.13.1.3. Engine Service Category. – The label on each container of vehicle motor oil shall

contain the engine service category, or categories, met in letters not less than 3.18 mm (1/8 in) in

height, as defined by the latest version of SAE J183 or API Publication 1509, “Engine Oil

Licensing and Certification System.”

3.13.1.3.1. Exception for Quantities of One Gallon (3.785 L) or Less. – A container of engine

vehicle motor oil with a volume of 1 gal (3.785 L) or less that does not meet an active service

category, as defined by the latest version of SAE J183, shall bear a plainly visible cautionary

statement in compliance with SAE J183, Appendix A, for obsolete API oil categories.


Sections 2, 3 & 11

2.12. Motor Oil shall not be sold or distributed for use unless the product conforms to the following

specifications:

(a) Performance claims listed on the label shall be evaluated against SAE J183, API 1509 Engine

Oil Licensing and Certifications System, or other industry standards as applicable;






3.13.1.1. Viscosity. - The label on each container of vehicle motor oil shall contain the viscosity



3.13.1.2. Intended Use. - The label on each container of vehicle motor oil shall contain a statement

of its intended use in accordance with the latest version of SAE J300.

3.13.1.3. Engine Service Category. - The label on each container of vehicle motor oil shall contain

the engine service category, or categories, met in letters not less than 3.18 mm (1/8 in) in height,

as defined by the latest version of SAE J183 or API Publication 1509, Engine Oil Licensing and

Certification System.

3.13.1.2.1. Exception for Quantities of One Gallon or Less. - A container of engine vehicle motor

oil with a volume of one gallon or less that does not meet an active service category, as defined by

the latest version of SAE J183, shall bear a plainly visible cautionary statement in compliance

with SAE J183, Appendix A, for obsolete API oil categories.

Section 11. Exemptions



11.24. Motor Oil in Cans. - Motor oils when packed in cans bearing the principal display panel on the

body of the container are exempt from the requirements of §3. Declaration of Identity: Consumer Package

to the extent that the Society of Automotive Engineers (SAE) viscosity number is required to appear on

the principal display panel, provided the SAE viscosity number appears on the can lid and is expressed in

letters and numerals in type size of at least 6 mm or 1/4 in. (Amended 1974, 1980, 1993)

2005 NIST Handbook 130

Uniform Engine Fuels, Petroleum Products & Automotive Lubricants Regulation

ENGINE OIL

2.12. Motor Oil shall not be sold or distributed for use unless the product conforms to the following

specifications:

(a) Performance claims listed on the label shall be evaluated against SAE J183, API 1509 Engine

Oil Licensing and Certifications System, or other industry standards as applicable;






3.13.1.1. Viscosity. -- The label on each container of vehicle motor oil shall contain the viscosity



3.13.1.2. Intended Use. -- The label on each container of vehicle motor oil shall contain a


3.13.1.3. Engine Service Category. -- The label on each container of vehicle motor oil shall

contain the engine service category, or categories, met in letters not less than one-eighth inch (3.18

mm) in height, as defined by the latest version of SAE J183 or API Publication 1509, Engine Oil

Licensing and Certification System.

3.13.1.2.1. Exception for Quantities of One Gallon or Less. -- A container of engine vehicle motor

oil with a volume of one gallon or less that does not meet an active service category, as defined by

the latest version of SAE J183, shall bear a plainly visible cautionary statement in compliance

with SAE J183, Appendix A, for obsolete API oil categories.




11.24. Motor Oil in Cans. -- Motor oils when packed in cans bearing the principal display panel on the

body of the container are exempt from the requirements of §3. Declaration of Identity: Consumer Package

to the extent that the Society of Automotive Engineers (SAE) viscosity number is required to appear on

the principal display panel, provided the SAE viscosity number appears on the can lid and is expressed in

letters and numerals in type size of at least 6 mm or 1/4 in. (Amended 1974, 1980, 1993)

2003 NIST Handbook 130

Uniform Engine Fuels, Petroleum Products & Automotive Lubricants Regulation

Section 11


11.24. Motor Oil in Cans. -- Motor oils when packed in cans bearing the principal display panel on the

body of the container are exempt from the requirements of § 3. Declaration of Identity: Consumer

Package to the extent that the Society of Automotive Engineers (SAE) viscosity number is required to

appear on the principal display panel, provided the SAE viscosity number appears on the can lid and is

expressed in letters and numerals in type size of at least 6 mm or 1/4 in. (Amended 1974, 1980, 1993)



AUTOMOTIVE OIL CHANGE ASSOCIATION – MAY 2012

BULK OIL PURCHASING SECURITY GUIDELINES

Overview: Virtually all professional fast lube facilities purchase motor oil in bulk as well as in pre-packaged

containers. Should a product quality problem occur packaged goods are relatively easy to trace back to the

manufacturer. However, this is not the case with motor oil transported in bulk; it all looks alike and may have

“changed hands” numerous times before reaching the fast lube facility. Since motor oil specifications have become

so precise—and so expensive—fast lube operators should take extra steps to protect their investment. These

proactive measures may also help operators avoid getting stuck holding the bag for consumer claims in the event

the wrong bulk product is delivered and its use causes engine damage.

Product Order Specificity: When placing an order for bulk motor oil, fast lube operators should specify the brand

(if any), viscosity grade, performance level, and quantity of motor oil they wish to purchase. If an operator means to

purchase the highest performance level of motor oil, which is required for vehicles under warranty, then he/she

specifies, for example, API SN / ILSAC GF-5 until the next performance level of motor oil is due. (Note: This

specification is important because it is legal for distributors to sell motor oil with lower performance levels; i.e.,

SA, SB . . . SJ, etc.) All of this information—brand, viscosity grade, performance level, and quantity—should

appear on every written and/or digital summary memorializing a purchase. It is recommended that operators

purchase motor oil meeting the specifications required by the automaker for the model year of vehicles being

serviced.

Purchase Documentation: Although it has been a long standing industry practice to verbally order and re-order

bulk motor oil products, fast lube operators who want the ability to verify orders placed should either request a

written summary of each purchase order from their supplier or draft their own dated summary, including a supplier

initial line, and fax or email it to their supplier for verification.

Delivery Procedure – Measuring the Tanks: Taking tank measurements assists with inventory control and gives

the operator the ability to double-check the distributor’s measurement of product delivered. Prior to receiving a

bulk delivery of motor oil, a fast lube operator simply measures via tank gauge or other measurement device the

contents of the tank(s) into which the motor oil will be dispensed. The operator may also check the delivery truck

driver’s meter-head to make sure it’s zeroed out. After delivery, the operator takes the same measurements again.

Keeping notes of the results in a written log maintained at the fast lube facility provides valuable documentation in

the event of a dispute.

Delivery Procedure – Verifying Distributor Documentation: Prior to allowing a distributor to dispense product

into the fast lube facility tank(s), an operator may seek the following information in writing and/or digital form (i.e.,

email or cell phone/tablet scan) from the driver:

(1) The brand (if any), viscosity grade, performance level, and quantity of motor oil being delivered;

(2) The names, addresses, contact personnel, and phone numbers of every facility that has come in contact with the

shipment of motor oil from the original supplier down to the distributor currently onsite;

(3) An agreement by the distributor to take direct responsibility for any and all fast lube customers affected by the

delivery of product that does not meet the standards (taking into account any commercially-accepted degree of

variation) of the product ordered by the fast lube operator; and

(4) An acknowledgment by the distributor that an actual sample of the load (i.e., a “retain”) has been taken from the

truck as the product was being delivered and that this sample will be retained by the distributor for at least a year.

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