This chapter describes the Department’s exemption, allowed only to certain organizations that distribute biodiesel blend fuel to its members only, and not to the general public, that permits the limited use of a commercial measuring device that does not meet the technical requirements of Handbook 44 of the National Institute of Standards and Technology. In this chapter, the following terms have the meanings indicated. Terms Defined. “Biodiesel” means a renewable, biodegradable fuel that is manufactured from vegetable oils, animal fats, or recycled grease. “Biodiesel blend” means a motor fuel comprised of a minimum of 20 percent biodiesel fuel. “Department” means Maryland Department of Agriculture. “Device” means any weighing or measuring instrument or meter used for measuring the amount of fuel distributed by an organization. An organization requesting registration of a device shall make application to the Department on a Departmental form, pay any fee required by this chapter, and include the following information: Name of the applicant; Business address of the applicant; Whether the applicant has ever had a registration or license suspended or revoked by the Department; and Any other information the Department considers necessary to determine the qualifications of the applicant. In addition to the above, the organization shall certify to the Department that it meets all of the following conditions: That the organization is organized under Corporations and Associations Article, Title 5, Subtitle 5A, Annotated Code of Maryland, or organized as another entity approved by the Department; That the biodiesel blend is not commercially available in the market area where the device is located; That the device is accurate and free of error; That the device is constructed so that it is permanent in its adjustments and repeats its indications correctly; That the device does not facilitate the perpetration of fraud; That the device will only be used to dispense biodiesel blend fuel for use by active fully paid members of the organization, and that all fees and fuel prices are the same for all members; That the organization does not advertise, publicize, or otherwise disseminate information to the public indicating the unit pricing of the biodiesel blend fuel; That the organization does not have more than 60 members who purchase biodiesel blend fuel; That no more than 30,000 gallons of biodiesel blend fuel shall be dispensed annually; That the device is clearly marked to indicate that it is not legal for trade and is restricted to members of the organization; That the organization is in compliance with all other applicable State and federal requirements relating to the biodiesel blend fueling facility; That the organization grants permission to the Department to inspect the device, any records required by this chapter, and the biodiesel blend fuel facility; That the organization purchases biodiesel blend fuel only from persons who are legally licensed to distribute fuel in Maryland; and That the organization acknowledges and agrees that its registration may be denied, revoked, or suspended by the Department as provided by Regulation .07 of this chapter. The Department shall issue a certification of registration for a device to any qualifying organization under this chapter upon payment of the fee specified in §B of this regulation. The fees for registration are: $50 for each business location; and $12.50 per meter. A registration expires on May 31st each year after the date issued. An organization may renew a registration as described by Regulation .03 of this chapter and upon payment of a fee as specified in Regulation .04B of this chapter. Any organization whose device is certified for registration under this chapter shall keep for 3 years the following records and make them available to the Department upon request: Copies of any bills of lading and delivery tickets for any biodiesel blend fuel acquired by the organization; The name of each member of the organization who acquired biodiesel blend fuel during each calendar year; and The total amount of biodiesel blend fuel dispensed each calendar year by the organization. The Department may deny an application for renewal, or revoke or suspend the current registration of any device: For operating without a current registration for the device; For any violation of this chapter, including providing false information to the Department or any violation of any certification by the organization to the Department under Regulation .03 of this chapter; or If the Department determines that the biodiesel blend fuel is commercially available in the market area where the device is located. Before the Department takes any action under this regulation, the organization shall be given reasonable notice and the opportunity to be heard. Agriculture Article, §11-203(b) and (c), Annotated Code of Maryland Effective date: May 23, 2016 (43:10 Md. R. 589)