S.F. 2152 Section 1. NEW SECTION . 214A.20 Retail dealers —— 1 limitation on liability 2 1. A retail dealer is not liable for damages caused to a 3 motor by the use of incompatible motor fuel dispensed at the 4 retail dealer’s retail motor fuel site, if all of the following 5 applies: 6 a. The incompatible motor fuel complies with the 7 specifications for a type of motor fuel as provided in section 8 214A.2. 9 b. The incompatible motor fuel is selected by a person other 10 than the retail dealer, including an employee or agent of the 11 retail dealer. 12 c. The incompatible motor fuel is dispensed from a motor 13 fuel pump that correctly labels the type of fuel dispensed. 14 2. For purposes of this section, a motor fuel is 15 incompatible with a motor according to the manufacturer of the 16 motor. 17 EXPLANATION 18 This bill amends Code chapter 214A which provides for motor 19 fuel, including gasoline or ethanol blended gasoline, E-85 20 gasoline, diesel fuel, and biodiesel fuel. The bill provides 21 that a retail dealer is not liable for damages caused to a 22 motor by the use of an incompatible motor fuel (e.g., the use 23 of E-85 gasoline in a conventional gasoline-powered motor). 24 The bar against liability depends upon the satisfaction 25 of certain conditions: (1) the motor fuel must meet legal 26 specifications, (2) the retail dealer cannot have selected 27 it for use in the motor, and (3) the dispensing pump must be 28 correctly labeled. 29 -1- LSB 5107XS (21) 83 da/nh 1/ 1