Florida Statute 526.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 526
SALE OF LIQUID FUELS; BRAKE FLUID

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F.S. 526.01

526.01 Fraud and deception in sale of liquid fuel, lubricating oil, and greases; labeling; stop-sale order; penalty.—

(1) No person shall store, sell, offer, or expose for sale any liquid fuels, lubricating oils, greases, or other similar products in any manner whatsoever which may deceive or tend to deceive, or which has the effect of deceiving, the purchaser of such products as to the nature, quality, or quantity of the products so sold, exposed, or offered for sale.

(2)(a) Containers of reclaimed, recleaned, or reconditioned previously used lubricating oil, lubricants, or mixtures of lubricants shall be plainly labeled showing that the content thereof is a previously used product.

(b) In the storage, sale, offering, or exposing for sale of lubricating oil composed in whole or in part of previously used lubricating oil, it is unlawful to:

1. Represent in any manner that used lubricating oil is new or unused;

2. Fail to disclose clearly and conspicuously in all advertising and sales promotional material and on each front or face panel of the container that used lubricating oil has been previously used. The front or face panel means the part of the container on which the brand name is usually featured and which is customarily exposed to the view of prospective purchasers when displayed at point of retail sales; or

3. Use the term “rerefined,” or any other word or term of similar import, to describe previously used lubricating oil unless the physical and chemical contaminants acquired through previous use have been removed by a refining process.

(c) Previously used lubricating oil which has been rerefined by a refining process that has removed all the physical and chemical contaminants acquired in previous use and which meets the ASTM-SAE-API standards for fitness for its intended use is not subject to the labeling requirement of this subsection. A manufacturer of such rerefined oil shall register the product with the Department of Environmental Protection and provide an affidavit of proof that the product meets the required standards.

(3) Any product stored, sold, offered, or exposed for sale which is not permanently and conspicuously labeled as provided in this section is declared to be illegal. Any such illegal product shall be placed under written stop-sale order, directed to the owner or custodian, and held by the Department of Agriculture and Consumer Services or its representative at a place to be designated in the stop-sale order until properly labeled by the owner or custodian and released in writing by the department or its representative. If the product is not properly labeled within 30 days after the issuance of the stop-sale order, it shall be disposed of by the department or its representative to any tax-supported institution or agency of the state, if usable, or by destruction, if unusable.

(4) The attachment of stop-sale order to any such product is notice and warning to all persons whomsoever, including, but not limited to, the owner or custodian, to scrupulously refrain from moving, altering, or interfering in any manner with any such product or altering, defacing, or in any way interfering with the stop-sale order, or permitting the same to be done by another, except with the consent of the department or its representative.

(5) The violation of any of the provisions of this section is a misdemeanor, punishable under the provisions of s. 526.11.

History.—s. 1, ch. 16083, 1933; CGL 1936 Supp. 7315(2); s. 1, ch. 26883, 1951; s. 1, ch. 28114, 1953; s. 1, ch. 70-77; s. 1, ch. 70-439; s. 65, ch. 84-338; s. 460, ch. 94-356; s. 714, ch. 97-103.

F.S. 526.01 on Google Scholar

F.S. 526.01 on Casetext

Amendments to 526.01

Arrestable Offenses / Crimes under Fla. Stat. 526.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

S526.01 - FRAUD - DECEPTIVE SALE LIQUID FUEL SUBSQ OFFENSE - M: F

S526.01 - FRAUD - DECEPTIVE SALE LIQUID FUEL 1ST OFF - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 526.01

Total Results: 10

Betty Caitlin Nicole Smith v. Zachary Taylor Daniel

Court: District Court of Appeal of Florida | Date Filed: 2018-06-04

Citation: 246 So. 3d 1279

Snippet: 315(2), Florida Statutes (2016). 2 See also § 61.526(1), Fla. Stat. (2016). 3 Significantly, the Order

Downs v. Ledoux-Nottingham

Court: District Court of Appeal of Florida | Date Filed: 2017-05-19

Citation: 219 So. 3d 244, 2017 WL 2200229, 2017 Fla. App. LEXIS 7179

Snippet: (UC-CJEA), as set forth, in part, in section 61.526(1), Florida Statutes (2013). The Florida Supreme Court

Ruth D. Ledoux-Nottingham v. Jennifer Joy Downs, etc.

Court: Supreme Court of Florida | Date Filed: 2017-02-16

Citation: 210 So. 3d 1217, 42 Fla. L. Weekly Supp. 195, 2017 WL 633767, 2017 Fla. LEXIS 336

Snippet: [Baker, 522 U.S. at 232-33, 118 S.Ct. 657]; § 61.526(1), Fla. Stat. (2013) (“A court of this state shall

Ledoux-Nottingham v. Downs

Court: District Court of Appeal of Florida | Date Filed: 2015-04-02

Citation: 163 So. 3d 560, 2015 Fla. App. LEXIS 4748, 2015 WL 1470080

Snippet: section 61.526, Florida Statutes. See id.; § 61.526(1), Fla. Stat. (2013) (“A court of this state shall

In Re AMENDMENTS TO the FLORIDA RULES OF JUVENILE PROCEDURE

Court: Supreme Court of Florida | Date Filed: 2015-02-19

Citation: 158 So. 3d 523, 40 Fla. L. Weekly Supp. 101, 2015 Fla. LEXIS 281, 2015 WL 686028

Snippet: of Dependent Child of Special Needs. *526 (1)A dependent child of special needs is a child

Nadine Mcindoo v. Ashley Atkinson

Court: District Court of Appeal of Florida | Date Filed: 2015-02-18

Citation: 159 So. 3d 227, 2015 Fla. App. LEXIS 2151

Snippet: modified in accordance with this part. § 61.526(1), Fla. Stat. (2013) (emphasis added). Since the

John v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-10-17

Citation: 98 So. 3d 1257, 2012 Fla. App. LEXIS 17964, 2012 WL 4897363

Snippet: reasonable doubt as to his culpability.” Id. at 526.1 *1259Once it has been determined that the defendant

Payroll, Inc. v. Elicker

Court: District Court of Appeal of Florida | Date Filed: 1996-02-13

Citation: 668 So. 2d 1035, 1996 Fla. App. LEXIS 1015, 1996 WL 55699

Snippet: executed the contract in question. Section 468.526(1) provided that existing employee leasing companies

Shaffer v. Tern Construction, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1987-04-08

Citation: 505 So. 2d 27, 1987 Fla. App. LEXIS 7587, 12 Fla. L. Weekly 958

Snippet: sum we have no quarrel), but also a further $11,-526.01. It is this last of the three additions with which

Mills Rock Co. v. Mills

Court: Supreme Court of Florida | Date Filed: 1939-04-25

Citation: 188 So. 210, 137 Fla. 607, 1939 Fla. LEXIS 1880

Snippet: plaintiff for 23,253 cubic yards of soil and fill and 526 1/2 cubic yards of boulders removed from the plaintiff's