Trade Practices and Antitrust Regulation

ORS 646.930
Motor vehicle fuel prices

  • requirements for display

(1)

A person who operates a service station, business or other place for the purpose of retailing and delivering gasoline, diesel or other fuel into the tanks of motor vehicles:

(a)

May display on a sign visible from the street the lowest cash prices charged for the sale of the lowest grades of gasoline, diesel or other fuel.

(b)

If a sign is displayed under paragraph (a) of this subsection, shall display on a sign visible at or near any dispensing device all prices charged for the sale of all grades of gasoline, diesel or other fuel offered for sale.

(2)

The following apply to a sign displaying prices under this section:

(a)

The price per unit of measurement and the unit of measurement for a particular kind of fuel must be the same on the sign as on any dispensing device used for delivering that kind of fuel into the tanks of motor vehicles.

(b)

If a cash price displayed on a sign is available only under some conditions, the sign and the dispensing device must clearly state the conditions.

(c)

If a price displayed on a sign is available only in a certain area of the service station or business, the area where the price displayed is available must be clearly identified.

(3)

A person who displays a cash price that is available only under some conditions may not require, as a condition of buying fuel at the displayed price, that the buyer fill the fuel tank of the buyer’s vehicle. [Formerly 646.875; 2010 c.19 §1]

Notes of Decisions

Primary purpose of this section is to protect consumers from deceptive fuel pricing by establishing minimum requirements for service station's posting of fuel prices, and Attorney General's administrative rules to identify and prohibit "any other unfair or deceptive conduct" regarding display of fuel prices are not prohibited by this section. BP West Coast Products, LLP v. Department of Justice, 284 Or App 723, 396 P3d 244 (2017), Sup Ct review denied

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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