15 USC 2807 – Prohibition on restriction of installation of renewable fuel pumps
(a) Definition
In this section:
(1) Renewable fuel
The term “renewable fuel” means any fuel—
(A) at least 85 percent of the volume of which consists of ethanol; or
(B) any mixture of biodiesel and diesel or renewable diesel (as defined in regulations adopted pursuant to section 7545(o) of title 42 (40 CFR, part 80)), determined without regard to any use of kerosene and containing at least 20 percent biodiesel or renewable diesel.
(2) Franchise-related document
The term “franchise-related document” means—
(A) a franchise under this chapter; and
(B) any other contract or directive of a franchisor relating to terms or conditions of the sale of fuel by a franchisee.
(b) Prohibitions
(1) In general
No franchise-related document entered into or renewed on or after December 19, 2007, shall contain any provision allowing a franchisor to restrict the franchisee or any affiliate of the franchisee from—
(A) installing on the marketing premises of the franchisee a renewable fuel pump or tank, except that the franchisee’s franchisor may restrict the installation of a tank on leased marketing premises of such franchisor;
(B) converting an existing tank or pump on the marketing premises of the franchisee for renewable fuel use, so long as such tank or pump and the piping connecting them are either warranted by the manufacturer or certified by a recognized standards setting organization to be suitable for use with such renewable fuel;
(C) advertising (including through the use of signage) the sale of any renewable fuel;
(D) selling renewable fuel in any specified area on the marketing premises of the franchisee (including any area in which a name or logo of a franchisor or any other entity appears);
(E) purchasing renewable fuel from sources other than the franchisor if the franchisor does not offer its own renewable fuel for sale by the franchisee;
(F) listing renewable fuel availability or prices, including on service station signs, fuel dispensers, or light poles; or
(G) allowing for payment of renewable fuel with a credit card,
so long as such activities described in subparagraphs (A) through (G) do not constitute mislabeling, misbranding, willful adulteration, or other trademark violations by the franchisee.
(2) Effect of provision
Nothing in this section shall be construed to preclude a franchisor from requiring the franchisee to obtain reasonable indemnification and insurance policies.
(c) Exception to 3-grade requirement
Terms Used In 15 USC 2807
- affiliate: means any person who (other than by means of a franchise) controls, is controlled by, or is under common control with, any other person. See 15 USC 2801
- franchise: includes &mdash. See 15 USC 2801
- franchisee: means a retailer or distributor (as the case may be) who is authorized or permitted, under a franchise, to use a trademark in connection with the sale, consignment, or distribution of motor fuel. See 15 USC 2801
- franchisor: means a refiner or distributor (as the case may be) who authorizes or permits, under a franchise, a retailer or distributor to use a trademark in connection with the sale, consignment, or distribution of motor fuel. See 15 USC 2801
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- leased marketing premises: means marketing premises owned, leased, or in any way controlled by a franchisor and which the franchisee is authorized or permitted, under the franchise, to employ in connection with the sale, consignment, or distribution of motor fuel. See 15 USC 2801
- marketing premises: means , in the case of any franchise, premises which, under such franchise, are to be employed by the franchisee in connection with sale, consignment, or distribution of motor fuel. See 15 USC 2801
- trademark: means any trademark, trade name, service mark, or other identifying symbol or name. See 15 USC 2801
No franchise-related document that requires that 3 grades of gasoline be sold by the applicable franchisee shall prevent the franchisee from selling a renewable fuel in lieu of 1, and only 1, grade of gasoline.