In general, a notice stating: "DYED DIESEL FUEL, NONFEE USE ONLY, PENALTY FOR USE SUBJECT TO THE USER FEE" must be: (1) provided by the terminal operator to a person who receives dyed diesel fuel at a terminal rack of that terminal operator; (2) provided by a seller of dyed diesel fuel to its buyer if the diesel fuel is located outside the bulk transfer/terminal system and is not sold from a retail pump or bulk plant posted in accordance with the requirements of item (3); (3) posted by a seller on a retail pump or bulk plant where it sells dyed diesel fuel for use by its buyer.
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