§ 130.103. Performance standards for portable fuel containers and spill-proof spouts.

 (a)  Except as provided in §  130.104 (relating to exemptions), a person may not sell, supply, offer for sale or manufacture for sale in this Commonwealth on or after January 1, 2003, a portable fuel container or spout, or a portable fuel container and spout which, at the time of sale or manufacture, does not meet the following performance standards for spill-proof systems:

   (1)  Has an automatic shut-off that stops the fuel flow before the target fuel tank overflows.

   (2)  Automatically closes and seals when removed from the target fuel tank and remains completely closed when not dispensing fuel.

   (3)  Has only one opening for both filling and pouring.

   (4)  Provides a fuel flow rate and fill level of one of the following:

     (i)   At least 1/2 gallon per minute for portable fuel containers with a nominal capacity of:

       (A)   Less than or equal to 1.5 gallons and fills to a level less than or equal to 1 inch below the top of the target fuel tank opening.

       (B)   Greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to 1 inch below the top of the target fuel tank opening if the spill-proof system clearly displays the phrase ‘‘Low Flow Rate’’ in type of 34 point or greater on each spill-proof system or label affixed thereto, and on an accompanying package.

     (ii)   At least 1 gallon per minute for portable fuel containers with a nominal capacity greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to 1.25 inches below the top of the target fuel tank opening.

     (iii)   At least 2 gallons per minute for portable fuel containers with a nominal capacity greater than 2.5 gallons.

   (5)  Does not exceed a permeation rate of 0.4 grams per gallon per day.

   (6)  Is warranted by the manufacturer for at least 1 year against defects in materials and workmanship.

 (b)  Except as provided in §  130.104, a person may not sell, supply, offer for sale or manufacture for sale in this Commonwealth on or after January 1, 2003, a spout which, at the time of sale or manufacture, does not meet the following performance standards for spill-proof spouts:

   (1)  Has an automatic shut-off that stops the fuel flow before the target fuel tank overflows.

   (2)  Automatically closes and seals when removed from the target fuel tank and remains completely closed when not dispensing fuel.

   (3)  Provides a fuel flow rate and fill level of one of the following:

     (i)   At least 1/2 gallon per minute for portable fuel containers with a nominal capacity of one of the following:

       (A)   Less than or equal to 1.5 gallons and fills to a level less than or equal to 1 inch below the top of the target fuel tank opening.

       (B)   Greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to 1 inch below the top of the target fuel tank opening if the spill-proof spout clearly displays the phrase ‘‘Low Flow Rate’’ in type of 34 point or greater on an accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout or a label affixed thereto.

     (ii)   At least 1 gallon per minute for portable fuel containers with a nominal capacity greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to 1.25 inches below the top of the target fuel tank opening.

     (iii)   At least 2 gallons per minute for portable fuel containers with a nominal capacity greater than 2.5 gallons.

   (4)  Is warranted by the manufacturer for at least 1 year against defects in materials and workmanship.

 (c)  The test procedures for determining compliance with the performance standards in this section are set forth in §  130.108 (relating to test procedures). The manufacturer of portable fuel containers or spouts or both portable fuel containers and spouts shall perform the tests for determining compliance as set forth in §  130.108 to show that its product meets the performance standards of this section prior to allowing the product to be offered for sale in this Commonwealth. The manufacturer shall maintain records of these compliance tests for as long as the product is available for sale in this Commonwealth and make those test results available to the Department within 60 days of request.

 (d)  Notwithstanding subsections (a) and (b), a portable fuel container or spout or both portable fuel container and spout manufactured before January 1, 2003, may be sold, supplied or offered for sale until January 1, 2004, if the date of manufacture or a date code representing the date of manufacture is clearly displayed on the portable fuel container or spout.

   This section cited in 25 Pa. Code §  130.102 (relating to definitions); 25 Pa. Code §  130.104 (relating to exemptions); 25 Pa. Code §  130.105 (relating to innovative products); 25 Pa. Code §  130.106 (relating to administrative requirements); 25 Pa. Code §  130.107 (relating to variances); and 25 Pa. Code §  130.108 (relating to test procedures).