AMI warns about diesel pump labeling

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The Association of Marina Industries has issued a warning for marina owners about the proper labeling of diesel fuel pumps.

The AMI says a marina operator who recently had diesel fuel pumps inspected by a local IRS inspector, was fined more than $27,000 for not having the proper labels (decals) posted on their diesel fuel pumps.

The fine was $10 for each gallon of diesel fuel in the storage tank, but they could have been fined $10 for each gallon of diesel fuel sold over the entire period that the pumps were not properly labeled.

That fine could have totaled more than $1 million, the AMI said.

Although the marina had a label on the pump indicating the fuel was dyed and for off-highway use only, which complies with EPA requirements, IRS regulation 48.4082-2 also requires a label that indicates dyed diesel is tax exempt and penalty for taxable use.

Here are examples of what the EPA and IRS labels should state:

ULTRA LOW SULFER NON HIGHWAY DIESEL FUEL
(15 ppm sulfur maximum)

  • Required for use in all model year 2007 and later
  • Non-highway diesel vehicles and engines
  • Recommended for use in all non-highway diesel vehicles and engines
  • Tax exempt. Dyed. For off-road use only. Penalty for taxable use.

LOW SULFUR NON-HIGHWAY DIESEL FUEL
(Not to exceed 500 ppm sulfur)

Warning

  • Federal law prohibits use in model year 2007 and later.
  • Non-highway vehicles and engines
  • Its use may damage these vehicles and engines.
  • Tax exempt. Dyed. For off-road use only. Penalty for taxable use.

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