• PIERRE, S.D. - Gov. Dennis Daugaard has directed the Department of Public Safety to implement an emergency rule allowing the sale of 85 octane gasoline with mandatory cautionary labels while permanent rules are publicly debated and adopted.
• The emergency rules will require South Dakota retailers who choose to sell 85 octane to label their fuel pumps with a caution to consumers to check their vehicle owner's manuals to determine what grade of motor fuel is appropriate. Many manufacturers recommend a minimum of 87 octane fuel.
• Gov. Daugaard has asked Attorney General Marty Jackley for an official opinion on whether 85 octane may be sold legally in all or any part of South Dakota, so that the legal reasoning is clear and publicly available in written form. A recent review of laws and rules by the Office of Weights and Measures within the Department of Public Safety determined that 85 octane is illegal anywhere in South Dakota.
• Because of concerns raised by petroleum marketers about possible fuel shortages, the emergency rules will temporarily allow the sale of 85 octane while the legal status of the product is determined and the permanent rule-making process plays out. That decision also recognized that 85 octane is a legal product in several Rocky Mountain states, including Wyoming and Montana, which have refineries that supply the only terminal serving western South Dakota. The rule-making process will include public hearings at which any interested parties may comment on proposed rules.
• • "The emergency rule is a temporary action to balance industry concerns about possible gasoline supply shortages and the consumer's right to know whether a product is appropriate for their vehicle,'' the Governor said. "That protects all parties while the permanent rules process continues with public input into the decision-making.''
• The Governor also released a summary of the results of Office of Weights and Measures inspections that found instances of mislabeling of gasoline at several retail service stations in South Dakota. The results of the inspections will be turned over Monday, June 18, to the South Dakota Attorney General's Office and to the appropriate states attorneys for their decisions on whether to prosecute, based on the information provided.
• The Department of Public Safety has found no evidence of fuel being mislabeled since it warned marketers about the issue in late-March. At the urging of state officials, retailers selling 85 octane have since posted 85 octane labels on gas pumps

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