Trade Practices and Antitrust Regulation

ORS 646.910
Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements

(1)

A wholesale dealer or retail dealer may not sell or offer to sell gasoline:

(a)

As a fuel for motor vehicles that are operated on a public street or highway unless the gasoline and any additives blended with the gasoline appear on the list of registered fuels and fuel additives that the United States Environmental Protection Agency publishes in accordance with 42 U.S.C. 7545 (section 211 of the Clean Air Act) and 40 C.F.R. Part 79;

(b)

That contains methyl tertiary butyl ether (MTBE) in concentrations that exceed 0.15 percent by volume; or

(c)

That contains any combination of the following oxygenates in concentrations that exceed one-tenth of one percent, by weight:

(A)

Diisopropyl ether (DIPE).

(B)

Ethyl tert-butyl ether (ETBE).

(C)

Propanol, including all structural isomers.

(D)

Tert-amyl methyl ether (TAME).

(E)

Tert-amyl alcohol (TAA).

(F)

Any other additive that has not been approved by the California Air Resources Board or the United States Environmental Protection Agency.

(2)

This section does not prohibit transshipment through this state, or storage incident to the transshipment, of gasoline that does not meet the requirements for wholesale or retail sale set forth in this section if:

(a)

The gasoline is used or disposed of outside this state; and

(b)

The gasoline is segregated from gasoline intended for use within this state. [1985 c.468 §2(1); 2007 c.739 §20; 2017 c.141 §1]
Chapter 646

Notes of Decisions

Subject matter regulated by this chapter is not "preempted" by Federal Robinson-Patman Act so as to render this chapter invalid. W. J. Seufert v. Nat. Restaurant Supply Co., 266 Or 92, 511 P2d 363 (1973)

Whether an injunction should issue when a court finds a violation of the Act is a matter of discretion. State ex rel Johnson v. International Harvester Co., 25 Or App 9, 548 P2d 176 (1976)

This chapter imposes no affirmative duty to inform customers of rates in absence of request, but prohibits making information about prices available to some customers and not others. Wildish Sand & Gravel v. Northwest Natural Gas Co., 103 Or App 215, 796 P2d 1237 (1990), Sup Ct review denied

Source

Last accessed
Jun. 26, 2021

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