PIERRE, S.D.-- South Dakota Attorney General Marty Jackley is looking into reports that gas stations are selling mislabeled low-octane gasoline, reported KELOLAND TV. The investigation comes after Jackley's official opinion saying that selling 85-octane gasoline in the Mount Rushmore State is illegal.
Earlier this month, the governor approved the sale of 85-octane gasoline because that is what is refined in Rocky Mountain states and available in western South Dakota. But Jackley said his office is looking into cases where some South Dakota stations are selling the 85-octane fuel with a higher-octane label.
"Certainly there's that concern. We've not had an opportunity to fully review the results of the Department of Public Safety investigation. We are doing that because we're taking this as a very serious matter," Jackley said.
Jackley has been in contact with an attorney representing the gasoline companies in this case to talk about the labeling issue.
The AG issued an official statement on the matter:
Attorney General Marty Jackley announced ... that pursuant to a request from the Governor's Office, the official attorney general opinion regarding the sale of gasoline with an antiknock index rating of 85 octane had been completed and released.
Under current rules promulgated by the Department of Public Safety, gasoline or gasoline-oxygenate blends (hereinafter "gasoline") with an antiknock index rating of 85 octane may not be legally sold in the state. The National Institute of Standards & Technology (NIST) standards adopted by the department prohibit the sale of gasoline with an antiknock index of less than 86 octane. This prohibition does not conflict with other statutes and administrative rules, and is therefore controlling.
The conclusion that gasoline with an antiknock index rating of 85 octane may not be sold in South Dakota is based upon current statutes and rules. The legislature, and the Department of Public Safety, to the extent it has authority ... may alter this arrangement to authorize the sale of 85 octane gasoline in the state.
To view the opinion, click [here].
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