§ 130.104. Exemptions.

 (a)  This subchapter does not apply to a portable fuel container or spout or both portable fuel container and spout manufactured in this Commonwealth for shipment, sale and use outside of this Commonwealth.

 (b)  This subchapter does not apply to a manufacturer or distributor who sells, supplies or offers for sale in this Commonwealth a portable fuel container or spout or both portable fuel container and spout that does not comply with the performance standards specified in §  130.103 (relating to performance standards for portable fuel containers and spill-proof spouts), if the manufacturer or distributor can demonstrate the following:

   (1)  The portable fuel container or spout or both portable fuel container and spout is intended for shipment and use outside of this Commonwealth.

   (2)  The manufacturer or distributor has taken reasonable prudent precautions to assure that the portable fuel container or spout or both portable fuel container and spout is not distributed in this Commonwealth.

 (c)  This subchapter does not apply to portable fuel containers with a nominal capacity less than or equal to 1 quart.

 (d)  This subchapter does not apply to rapid refueling devices, with nominal capacities greater than or equal to 4 gallons, provided the devices are designed for use in officially sanctioned off-highway motorcycle competitions, or either create a leak-proof seal against a stock target fuel tank or are designed to operate in conjunction with a receiver permanently installed on the target fuel tank.

 (e)  This subchapter does not apply to portable fuel tanks manufactured specifically to deliver fuel through a hose attached between the portable fuel tank and the outboard engine for the purpose of operating the outboard engine.

   This section cited in 25 Pa. Code §  130.101 (relating to applicability); and 25 Pa. Code §  130.103 (relating to performance standards for portable fuel containers and spill-proof spouts).