The branded refiner would be liable for any violation that occurs at the branded facility. To establish a branded refiner defense, the branded refiner must, among other things, establish that it had an appropriate quality assurance sampling and testing program. See questions 12.18 and 4.35 for liability and defense provisions for retailers and distributors.
Question and Answer was originally posted at http://www.epa.gov/otaq/diesel/documents/420b06010.pdf
Where a branded jobber owns & supplies its branded retail outlet, who is potentially liable for violations found at the retail outlet and what quality assurance sampling and testing is the branded refiner and jobber/retailer responsible for?
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