(a)        The following definitions apply in this section:

(1)        Blender. – Defined in N.C. Gen. Stat. § 105-449.60

(2)        Distributor. – Defined in N.C. Gen. Stat. § 105-449.60

(3)        Fuel Alcohol. – Defined in N.C. Gen. Stat. § 105-449.60

(4)        Gasoline. – Defined in N.C. Gen. Stat. § 105-449.60(22)a.

(5)        Retailer. – Defined in N.C. Gen. Stat. § 105-449.60

(6)        Supplier. – Defined in N.C. Gen. Stat. § 105-449.60

(b)        A supplier that imports gasoline into the State shall offer gasoline for sale to a distributor or retailer that is not preblended with fuel alcohol and that is suitable for subsequent blending with fuel alcohol.

(c)        The General Assembly finds that use of blended fuels reduces dependence on imported oil and is therefore in the public interest. The General Assembly further finds that gasoline may be blended with fuel alcohol below the terminal rack by distributors and retailers as well as above the terminal rack by suppliers and that there is no reason to restrict or prevent blending by suppliers, distributors, or retailers. Therefore, any provision of any contract that would restrict or prevent a distributor or retailer from blending gasoline with fuel alcohol or from qualifying for any federal or State tax credit due to blenders is contrary to public policy and is void. This subsection does not impair the obligation of existing contracts, but does apply if such contract is modified, amended, or renewed. ?(2008-198, s. 11.7; 2008-222, s. 1.)

Terms Used In North Carolina General Statutes 75-90

  • Contract: A legal written agreement that becomes binding when signed.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
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