Minimum Standards and Requirements for Retailing
- Retailing must take place on approved premises with at least 100 sq. meters.
- Vehicles served must remain within the premises.
- Only fixed and permanent dispensing pumps approved by DOE may be used, with clear labeling for product type, brand, and volume/price accuracy.
- Dispensing pumps must display gasoline octane rating and prevent cross-contamination.
- Retail outlets must obtain valid permits from relevant authorities (LGU, BFP, DENR, DOE).
- Compliance with environmental guidelines, proper waste disposal, and prior notification to OIMB are mandatory.
Fuel Storage, Handling, Transfer, and Dispensing
- LPPs must be transferred from underground tanks using controlled fixed pumps to prevent leaks.
- Dispensing from above-ground tanks, portable tanks, drums, or inappropriate containers like "bote-bote" is prohibited.
- Storage tank suction lines must be elevated to avoid water draw-off.
- Spillage into streets, drainage, or open areas is strictly prohibited.
Prior Notice and Documentary Requirements
- Persons must notify OIMB in writing before engaging in retailing, providing business details, project plans, and facility proof.
- Mandatory document submissions include barangay clearance, DTI/SEC registration, zoning clearance, environmental compliance certificate, building permits, fire safety certificates, mayor's permit, and facility layouts.
- Original documents must accompany submissions for authentication.
Consumer Safety and Informational Signs
- Retail outlets must display price boards, no smoking signs, instructions to switch off engines and cellular phones, and other required safety signs prominently.
Certificate of Compliance and Operation
- DOE issues a Certificate of Compliance upon full submission and compliance with requirements.
- Operation without a Certificate or violation of provisions constitutes illegal trading.
Receipts and Transaction Records
- Official receipts with complete transaction details must be issued for all sales.
- Duplicate receipts must be available for OIMB inspection.
Hoarding
- Refusal to sell before price increases or during supply shortages, and undue accumulation of products beyond normal inventory for 30 days, constitute prima facie hoarding.
Pump Calibration, Testing, Sealing, and Product Sampling
- Dispensing pumps must be calibrated every 60 days and sealed by authorized entities (LGU Treasurers, DOST-ITDI, oil companies).
- Pumps not calibrated or sealed must be marked "out of order" and not used.
- Tank trucks must be certified, calibrated, and sealed; any broken seals may indicate underdelivery or adulteration.
- Retail outlets must maintain a calibrated and sealed calibrating bucket, test pumps daily before 9:00 AM, and keep logs.
- Refusal of OIMB inspectors to conduct tests or inspections is prima facie illegal trading.
- Pumps underdelivering more than permitted tolerances are deemed under delivering and illegal if not taken out of service.
Petroleum Product Standards
- Only products complying with Philippine National Standards (PNS) and prescribed color coding are allowed.
- Possession or sale of non-conforming products is prima facie adulteration and illegal trading.
- Retail outlets may take one-liter samples for quality checks, sealed with driver verification, kept for at least one month or until the third delivery.
- API gravity or density of products must be checked and discrepancies above defined thresholds justify refusal of shipment.
Reportorial Requirements
- Retail outlets must notify OIMB at least 5 days before starting operation and before any facility changes.
- Decommissioning or closure of tanks or outlets must be reported 5 days prior.
- Complete and updated lists of retail outlets and their facilities must be submitted annually by January 30.
Penalties and Sanctions
- First and second offenses for illegal trading, adulteration, underdelivery, and hoarding are fined PHP 10,000 each.
- Third offenses lead to recommendation for suspension or revocation of business permits.
- Non-compliance with consumer safety signs results in a warning first, then possible suspension or revocation on repeat.
Administrative and Criminal Proceedings
- Administrative actions may be initiated by any person or motu proprio by DOE.
- Criminal prosecution may be pursued without prejudice to administrative fines.
Transition, Repeal, and Effectivity
- Existing outlets have six months to comply; new ones must comply immediately.
- Repeals provisions of earlier DOE circulars and related implementing rules.
- Severability clause preserves remaining provisions if one is invalidated.
- These rules take effect 15 days after publication in two newspapers.