Summary:

 ALEC’s model recycled/refined Oil Labeling Act is designed to reduce the amount of used oil improperly disposed and increase the amount that is reused by establishing a recycled/re-refined oil standard.

Section 1. {Short title} This act shall be known and may be cited as the Recycled/Re-refined Oil Labeling Act.

Section 2. {Legislative findings and declarations.} This legislature finds and declares that:

(A)  A considerable amount of used oil is generated each year in the state and that this oil is a valuable resource which can be used as an environmentally acceptable source of clean, re-refined product among other uses.

(B)   The disposal of automotive engine oil and other lubricants are very costly.

(C)   A recycled/re-refined oil labeling standard will reduce the amount of used oil improperly disposed and increase the amount that is recycled/re-refined oil.

Section 3. {Definitions.} The following words and phrases when used in this act shall have the meaning given to them in this section unless the text clearly indicates otherwise:

(A)  “American Petroleum Institute (API) engine oil service classifications.” Two letter classification performance ratings for which engine oils are designed as of January {insert year}.

(B)   “Lubricating oil.” Any oil classified for the use in an internal combustion engine, hydraulic system, gear box differential, or wheel bearings, etc.

(C)   “SAE (Society for Automotive Engineers) viscosity grade.” The measure of an oil’s resistance to flow at a given temperature as of January {year}.

(D)  “Re-refined oil.” Used oil which is refined to remove the physical and chemical contaminants acquired through use, which by itself or when blended with new lubricating oil or additives, meets applicable API and SAE service classifications as described in Subsection (A) and (C) of this section.

(E)   “Recycled oil.” Any oil prepared from used oil, for energy recovery or reuse as a petroleum product, by reclaiming, reprocessing, re-refining or other means to utilize properly treated used oil as a substitute for petroleum products.

(F)    “Used Oil.” Any oil which has been refined from crude or synthetic oil and as a result of use, becomes unsuitable for its original purpose due to loss of original properties or presence of impurities, but which may be suitable for further use any may be economically recyclable.

 Section 4. {Labeling.}

(A)  It shall be unlawful to sell, offer, or keep for sale any lubricating oils, lubricants, or mixtures of lubricants which are adulterated or falsely labeled.

(B)   The label shall prominently display the American Petroleum Institute (API) performance service classification and the Society of Automotive Engineers (SAE) viscosity classification.

(C)   Recycled or previously used oils that have been re-refined shall be plainly labeled and sold as such.  The size of the letters on the front and back of the container shall be consistent with those used in other working on the label.

(D)  A person may represent a product made in whole or in part form re-refined oil to be substantially equivalent to a product from virgin oil for a particular end use if the product conforms with the applicable API and SAE service classifications.

(E)   Any person guilty of violating any of the provisions of this section shall be subject to a fine of not less than {insert amount} nor more than {insert amount} for the first offense, and for a second or subsequent such offense, such person shall be enjoined from selling or distributing previously used oil not less than {insert} year(s), and any judge or chancellor now authorized to grant injunctions shall grant an injunction without notice, enjoining such person from continuing the sale or distribution of used oil, as prescribed by the section.

 Section 5. {Severability.}

 Section 6. {Repealer.}

 Section 7. {Effective Date.}

Approved by ALEC Board of Directors in 1995.

Reapproved by ALEC Board of Directors on January 28, 2013.

Reapproved by ALEC Board of Directors on November 16, 2017.