E-85 Legal Questions



SIOUX FALLS, S.D. (AP) – South Dakota Attorney General Marty Jackley has issued an opinion stating that under current rules, 85-octane gasoline can’t be sold in South Dakota. Gov. Dennis Daugaard had asked Jackley to look into the matter after earlier directing 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 debated and adopted. The emergency rules will require South Dakota retailers who choose to sell 85-octane gas to label their fuel pumps to caution consumers to check their vehicle owner’s manuals to determine what grade of motor fuel is appropriate. Octane is a measure of fuel performance, with a higher octane level indicates better performance. Many manufacturers recommend a minimum of 87-octane fuel.

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  1. Brad Berven Reply

    Title to this article is wrong—-this is not about E-85.