Source: Secretaria da Fazenda - SP - 24/11/2009

The São Paulo State Finance Department and Procon SP - Fundação de São Paulo
Consumer Protection and Defense held this Tuesday (24/11) the first
seizure of adulterated fuel based on the Law of Forfeiture in São Paulo.
The technicians found that the “Portelinha” post, located on Avenida Cupecê,
3.440, Cidade Ademar, south zone, mixed alcohol with gasoline in proportion
than allowed, in addition to the use of solvent. The post owner was
arrested by ranch police officers for fuel crime
adulterated. Another two posts were inspected by a task force that
brought together prosecutors from the State Public Ministry, technicians from the National Agency
of Petroleum, Natural Gas and Biofuels (ANP), Institute of Weights and Measures
(Ipem), Civil Police - through agents of the Fazendária Police, the
Environment and Consumer Protection, and the Municipality of São Paulo, through the
Contru - Department of Control and Use of Real Estate.

Part of the 10 liters of fuel that were stored in the
“Portelinha” were collected by a tank truck. There are 6 thousand liters
presented a higher proportion of alcohol than allowed and will go to
reprocessing. After that, they can be donated by the government or used in
Fire Department vehicles, ambulances, police or other vehicles
without prejudice to their performance. According to the Law of Forfeiture, the
recovered fuel can be incorporated into the State's assets after its
reprocessing, which will return all the original properties to alcohol and
adulterated gasoline. The other 4 thousand liters, which presented solvent
mixed with gasoline, cannot be reused and will be collected
later to be incinerated by the state government.

At Autoposto Joara, at Avenida Adolfo Pinheiro, 1.171, in Santo Amaro, zone
Sul, samples collected and analyzed by the IPT also showed addition of
alcohol to gasoline higher than permitted by law. More than a thousand liters of
fuel were collected from the pumps and sent for reprocessing.
Still at the station, Ipem found adulteration in the volumetry of the pumps, that is,
the machine put less fuel in the tank than was shown on the display (and
charged). A manager was arrested and sent to testify. At the post
Mega Flora, at Avenida Washington Luiz, 1.354, South zone, police officers
Environmental found an irregular artesian well. The person responsible for the post was
forwarded to a police report.

The operation carried out today was made possible by the signing of an agreement between the
government of São Paulo and the National Union of Distribution Companies of
Fuels (Sindicom). The partnership with the distributors added to the work of
combating the sale of adulterated products the technical structure necessary for
reuse of fuels seized in operations based on the Law of the
Loss (Law 12.675 / 07).

Under the agreement, signed in September by Governor José Serra and
representatives of the fuel sector during the opening of the Forum
International Service Stations in the capital, Sindicom assumed the
responsibility to appoint an associated company to effect the withdrawal,
transportation, reprocessing and return to the State of the fuel collected in
conditions for reuse.

In addition to the agreement, the Finance Secretariat signed a Cooperation Agreement with
Secretariat of Justice and Defense of Citizenship, the Public Ministry (MP) and the
Procon-SP to increase the efficiency of actions to combat adulteration of
fuels in the state.

Since December 2004, with the approval of Law 11.929, which instituted the
revocation of the state registration of gas stations when it is verified the
adulteration of products, Operation Eye on the Pump canceled the Registration
735 posts throughout the state. Adulterated fuel increases the
emission of pollutants, is a probable source of damage to health, induces the consumer to
error, can cause damage to the vehicles engine, generating loss of power and
increased consumption, in addition to tax evasion.

Based on the Law of Forfeiture, sanctioned by Governor José Serra in July
2007, Procon-SP can apply penalties ranging from fines and seizures
until partial or total interdiction of the establishment that it acquires, transports,
stock, distribute or resell fuel that is not suitable for consumption, due to
its non-compliance with the specifications set by the National Agency for
Petroleum, Natural Gas and Biofuels (ANP), the body that regulates the
sector. The Law also allows the Secretariat of Justice to delegate to the
tax administration the duties of calculating and imposing the
penalties.

The application of the Forfeiture Law also changed the inspection process. At the
previous model, three fuel samples were taken by
Finance Secretariat for analysis by the Technological Research Institute (IPT).
During the process, which lasted up to 30 days, the post continued to function
normally. After the adulteration of the fuel was confirmed, the Farm began to
withdrawal process from the State Registration of the establishment.

Now, during the inspections of the stations, the three samples continue to be
collected for analysis of the IPT. However, a preliminary test is done in the same
hour and, suspected of tampering confirmed, the tank with the fuel in
non-conformity and their respective pumps are sealed. After the
analysis of the IPT, the fraud is confirmed, the Treasury initiates the process of
state registration of the establishment and Procon-SP initiates the process for
decree the loss of fuel.

After this stage, Sindicom indicates one of its associates to carry out the
remove this fuel from the gas station and perform tests to see if it is
subject to reprocessing. Otherwise, the Finance Department hires a company
specialized in burning toxic waste to dispose of the product.
If possible, after recovery, Sindicom will return the fuel to the
State, which can use it in police cars, firefighters, ambulances,
other State vehicles or even for donation.

 

Who's who in combating fuel fraud

Secretary of Finance

• Coordinates the Pump Eye Operation, which checks the compliance of the
fuels and the fiscal movement at gas stations.
• Has the power to revoke the
state registration of the post, if the nonconformity of the post is confirmed
fuel.
• Hires a specialized company to burn the fuel
seized that cannot be recovered.
• Do the preliminary test of
fuel at stations.

Technological Research Institute (IPT)

• Checks whether fuel samples collected at stations are within the
specifications determined by the National Agency of Petroleum, Natural Gas and
Biofuels (ANP).

 

Consumer Protection and Defense Foundation (Procon-SP)

• Preliminary fuel testing at stations.
• Seal the tanks and
pumps, if any irregularity is found in the preliminary test.
• The
from the confirmation of the non-conformity of the fuel, it can decree the
loss of product.
• Can interdict posts that break seals and also
impose a consumer right fine on gas station owners who return to
commercialize suspect fuel.

National Union of Fuel Distribution Companies -
union

• Removes adulterated fuel from pumps at stations that have been
closed.
• Does the analysis to find out whether the product can be
reused.
• If possible, reprocess the fuel
and return it to the state.
• If it is not possible, return it so that the
State to arrange for its incineration.

 

Understand how fuel is recovered

1. After the loss of fuel has been decreed, the
National Union of Fuel and Lubricant Distribution Companies
(Sindicom) performs an analysis to verify that the product is capable of being
recovered.

2. If during the analysis it is found the excess presence
solvent marker, the fuel cannot be reused. In this case, the
Sindicom returns the product to the State, which in turn hires a company
specialized in burning toxic waste to incinerate the
fuel.

3. If there is a possibility of recovering the fuel,
Sindicom has two options:

3.1) If it is non-conforming fuel alcohol, a company linked to Sindicom
mixes improperly seized fuel with a greater amount of
pure alcohol. In this way, the fuel will be equalized according to the standards,
becoming suitable for reuse, causing no damage to the vehicles engine,
loss of power, wear of parts or damage to the State.

3.2) Gasoline sold at gas stations is known as C gasoline.
75% type A gasoline and 25% anhydrous alcohol. If the amount of alcohol
anhydrous is higher than allowed, a company linked to Sindicom performs a mixture of
type A gasoline until the percentages are in accordance with the
determination of the National Agency of Petroleum, Natural Gas and Biofuels
(ANP). In this way, the gasoline returned to the State becomes suitable for
not causing damage to the vehicle's engine, loss of power,
wear of parts and no damage to the State.

Veja
step by step to recover adulterated fuel🇧🇷 [PDF]