Author: Eduardo Filippini

Source: Motonline - SECURITY - 10/03/2010

The Treasury Department of the State of São Paulo, through the operation “De Olho na Bomba”, determined on Tuesday (9/3) the cancellation of the state registration of Auto Posto Portelinha Ltda, located at Avenida Cupecê, in the city Ademar South Zone of the Capital, due to the sale of adulterated fuel. Since the beginning of the operation, in 2005, 753 stations had the effectiveness of the State Registration revoked throughout the state of São Paulo.

In November 2009, based on the law of forfeiture, the Portelinha gas station had seized fuel from its tanks. About 10 liters of fuel were collected with a mixture of alcohol and gasoline in excess of the amount allowed, in addition to the use of solvent. From that irregularity finding, an administrative proceeding was opened against the owners of the gas station. After analysis and confirmed the adulteration, the process ended with the cancellation of the state registration.

The tax authorities have the authority to cancel the effectiveness of the State Registration of these establishments in order to inhibit the sale of adulterated fuel and tax evasion. This permission is supported by Law 11.929, of April 12, 2005, regulated by Ordinances CAT 28, 32, 61 and 74/05.

The inspection consists of checking pumps, checking the establishment's registration data and collecting samples of the commercialized fuel, which are sent to the State University of Campinas (Unicamp) for analysis. Fuel stations, distributors and carriers are subject to inspection.

In the event of an infraction, the stations are prevented from functioning and have sealed tanks containing fuel, in addition to their respective supply pumps. According to the law, the partners (individuals or legal entities) of the establishment are prevented from exercising the same line of activity for a period of five years, counting from the date of termination.

With the law of forfeiture, during the inspection a preliminary test is carried out and if the suspected adulteration is confirmed, the tank with the fuel in non-conformity and its respective pumps are sealed. After Unicamp's analysis, if the fraud is confirmed, the Treasury starts the process of revoking the state registration of the establishment and Procon-SP decrees the loss.

The new state legislation provides for the cancellation of the state registration of stations, distributors and transporters caught with fuel out of specifications, in addition to fines from the Treasury Department, for tax evasion, and Procon, for injury to the Consumer Protection Code, and opening police investigation, in which the owners respond to civil and criminal cases.

The citizen can consult the complete list of canceled gas stations on the website of the Secretariat of Finance (www.fazenda.sp.gov.br). Just access the option “Consultation of canceled stations”. To report a post suspected of selling adulterated fuel, the taxpayer can call the Secretariat's Ombudsman at (11) 3243-3676 and (11) 3243-3683 or send an email to ombudsman@fazenda.sp.gov.br.

- Eduardo Filippini