Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 20 - MISLEADING PRICE REPRESENTATIONS
Section 137-020-0150 - Gasoline Price Advertising
Universal Citation: OR Admin Rules 137-020-0150
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Definitions: For the purposes of OAR 137-020-0150 to 137-020-0160 the following definitions apply:
(a) "Clear and conspicuous" means in a form
that is readily visible to and easily readable by a customer or potential
customer who would be materially affected by the information and means in a
location that a person who would be materially affected by the information
ought to notice the information displayed.
(b) "Condition" means any payment method
(e.g., credit), service level (e.g., full service or mini service), or any
other modifying circumstance affecting the price per unit of measurement of
motor vehicle fuel from the lowest cash price;
(c) "Diesel" means a refined middle
distillate suitable for use as a fuel in a compression-ignition (diesel)
internal combustion engine;
(d)
"Display" means to post information on a street sign or price sign;
(e) "Full service" includes services such as
washing windshields, windows and headlights, checking fluid levels, checking or
adjusting tire pressure and inspecting belts and hoses but does not include a
car wash;
(f) "Gasoline" means any
fuel sold for use in spark ignition engines whether leaded or
unleaded;
(g) "Grade" means the
automotive fuel rating as defined in OAR 603-027-0410;
(h) "Lowest cash price" means the offering
price available to all customers that pay in cash;
(i) "Mini service" means providing only the
dispensing of motor vehicle fuel into a customer's vehicle;
(j) "Motor vehicle fuel" means gasoline,
diesel or other fuel used for the generation of power in an internal combustion
engine, except aviation jet fuels;
(k) "Other fuel" means gasoline-ethanol
blends with greater than 10% by volume ethanol, 100% other renewable diesel
(100% Biomass-Based Diesel), renewable diesel blends, B100 Biodiesel, Biodiesel
Blends, E85 Fuel Ethanol, M85 Fuel Methanol, E15, or any other liquid product
used for the generation of power in an internal combustion engine that is sold
to be used in a motor vehicle, except for gasoline and diesel;
(l) "Price sign" means any sign, billboard,
digital signage or other medium that provides the price charged for motor
vehicle fuel, is visible from a dispensing device and is not a street
sign;
(m) "ODOT diesel" means
undyed diesel sold for use in motor vehicles, which may be purchased without
the tax provided the purchaser has valid credentials issued by ODOT under ORS
825 or ORS 319. ODOT diesel was formerly known as PUC diesel;
(n) "Retailer" means any 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;
(o) "Street sign" means
any sign, billboard, digital signage or other medium that provides the price
charged for motor vehicle fuel and is located near and is visible from a street
or highway, such as a freeway pole sign or a monument sign; and
(p) "Unit of measurement" means a United
States gallon or liter as defined in the National Institute of Standards and
Technology (NIST) Handbook 44 entitled "Specifications, Tolerances, and Other
Technical Requirements for Weighing and Measuring Devices" as adopted in OAR
603-027-0635.
(2) Advertising: A retailer is not required to display prices charged for motor vehicle fuel.
(3) Displayed Prices: A retailer may display a price for motor vehicle fuel. If a retailer displays a price for motor vehicle fuel:
(a) The retailer must clearly and
conspicuously display on each street sign the lowest cash prices charged for
the sale of the lowest grade of each type of motor vehicle fuel sold or offered
for sale to all customers or potential customers;
(b) Notwithstanding subparagraph (a) above,
if a retailer only sells or offers for sale ODOT diesel and no other motor
vehicle fuel (including other diesel), the retailer may display only the ODOT
diesel price on the street sign and does not need to post a price
sign;
(c) The retailer must clearly
and conspicuously display on each price sign all prices charged for the sale of
all grades of motor vehicle fuel sold or offered for sale;
(d) If the lowest cash prices are available
only under some conditions:
(A) The retailer
must clearly and conspicuously display all conditions on each street sign,
price sign and dispensing device (e.g., cash only, mini serve);
(B) The retailer must ensure the following
for each distinct street sign:
(i) All words
or symbols of condition are in equal size and must be equally visible to a
customer or potential customer;
(ii) All words or symbols of condition are in
no less than one-third the size as the words or symbols setting forth the cash
price; and
(iii) All words or
symbols setting forth the prices applicable to the condition are in equal size
and must be equally visible to a customer or potential customer as the words or
symbols setting forth the cash price.
(C) The retailer must ensure the following
for each distinct price sign:
(i) All words
or symbols of condition are in equal size and must be equally visible to a
customer or potential customer;
(ii) All words or symbols of condition are in
equal size as the words or symbols setting forth the cash price; and
(iii) All words or symbols setting forth the
prices applicable to the condition are in equal size and must be equally
visible to a customer or potential customer as the words or symbols setting
forth the cash price.
(D) The retailer must clearly identify the
area where each price is available, if the lowest cash price is available only
in a certain area of the service station or business. The identification may be
placed on the canopy above the island, if it is visible from each side of the
island, or at the entry points of the island. The identification must be clear
and conspicuous from a driver's position;
(E) For full service, the retailer must state
what specific services are included in its full service at the entry points of
the island where full service is available; and
(F) The retailer may only charge a price
greater than the lowest cash price if the retailer provides the condition or
the condition is offered in a designated location and the customer
affirmatively rejects the condition (e.g., the retailer either provided full
service or the retailer offered to perform all services included in that
retailer's full service in a location designated as full service and the
customer rejected the services offered).
(e) The retailer may offer a discount from
the lowest cash price for customers that enroll in a loyalty program,
membership program or other similar program where a customer must affirmatively
enroll in the program. If the discounted program is not available to all
members of the general public, the retailer does not need to display the
discounted program price under subsection (3)(c).
(f) The retailer must arrange all prices in a
meaningful and consistent order;
(g) The retailer must clearly and
conspicuously identify each grade of motor vehicle fuel that corresponds with
each price;
(h) The retailer may
not display prices for products other than motor vehicle fuel in a manner that
creates a likelihood of confusion or misunderstanding with the price of motor
vehicle fuel;
(i) The retailer may
not require as a condition of buying motor vehicle fuel at the displayed price
that a customer purchase a specific quantity (e.g., 8 gallons or a full tank)
or dollar amount of motor vehicle fuel; and
(j) The retailer may display on the street
sign all of the information required to be displayed on the price sign under
subsection (5)(d)(B).
(4) Dispensing Devices: In regards to its motor vehicle fuel dispensing devices, a retailer must:
(a)
Ensure that the price per unit of measurement and the unit of measurement for
each grade of motor vehicle fuel are the same on each street sign, price sign
and dispensing device used for delivering that kind of fuel into the tanks of
motor vehicles;
(b) Ensure that
computing-type dispensing devices automatically compute the full sales price
for all motor vehicle fuel prices sold or offered for sale through the
dispensing devices;
(c) Ensure that
dispensing devices are set to display and compute all unit prices for each
grades of motor vehicle fuel sold. A retailer may not use a dispensing device
to dispense motor vehicle fuel at one or more unit prices the dispensing device
cannot compute;
(d) Calibrate all
dispensing devices in the same unit of measurement;
(e) Charge the customer only the total amount
registered on the dispensing device at the selected unit price;
(f) If the lowest cash prices are available
only under some conditions, ensure the dispensing device clearly and
conspicuously states all conditions.
(A) The
words or symbols of condition may be posted on the upper 50 percent of the
dispensing device panel or on top of the dispensing device ("pump topper");
and
(B) The retailer must ensure
that the letters stating the conditions are in block lettering type at least
one inch in height and one-half inch stroke (width of type) in distinct
contrasting color to the background.
(5) Price signs:
(a) In regards to its price signs, a retailer
must:
(A) Ensure that at least one price sign
is visible at or near each dispensing device; and
(B) Ensure that the information displayed on
each price sign is clear and conspicuous from a driver's position.
(b) A retailer may place a price
sign on top of the dispensing device ("pump topper"), on the island or on the
side of the retailer's building;
(c) A retailer may post price signs in
multiple locations in order to comply with subsection (5)(a) (e.g., a retailer
may use pump toppers for one island and a sign on the side of the building for
another island). Each price sign must comply with subsections (5)(d) and
(e);
(d) If the price sign is on
top of the dispensing device, the retailer must ensure:
(A) That the letters and numerals on the sign
are in block lettering type at least one inch in height and one-half inch
stroke (width of type) in distinct contrasting color to the background;
and
(B) That the following
information is displayed on the price sign:
(i) All words or symbols of condition;
and
(ii) Immediately adjacent to
the words or symbols of condition, either:
(I) The whole unit price of any condition for
each grade of motor vehicle fuel; or
(II) The additional price per unit of
measurement for any condition in whole cents (e.g., "credit price +
3¢/gal" or "full service additional 10¢/gal") for each grade of motor
vehicle fuel. If the additional price per unit of measurement for a specific
condition (e.g., credit) for each grade of motor vehicle fuel is the same, then
only one price reference is required under this
subparagraph.
(e) If the price sign is on the island or on
the side of the retailer's building, the retailer must ensure:
(A) That the letters and numerals on the sign
are in block lettering type at least three inches in height and one and
one-half inch stroke (width of type) in distinct contrasting color to the
background; and
(B) That the
following information is displayed on the price sign:
(i) All words or symbols of condition;
and
(ii) Immediately adjacent to
the words or symbols of condition, the whole unit price of any condition for
each grade of motor vehicle fuel.
(6) Effective date: If a retailer that displays a price for motor vehicle fuel complies with this subsection on January 1, 2011, the retailer does not need to comply with subsection (5) unless and until the retailer purchases a new street sign or modifies its street sign;
(a) The retailer
clearly and conspicuously displays on each street sign the lowest cash prices
for the sale of all grades of motor vehicle fuel sold or offered for
sale;
(b) Notwithstanding
subparagraph (a) above, if a retailer only sells or offers for sale ODOT diesel
and no other motor vehicle fuel (including other diesel), the retailer may
display only the ODOT diesel price on the street sign;
(c) If the lowest cash prices are available
only under some conditions:
(A) The retailer
clearly and conspicuously displays all conditions on the street sign and
dispensing device;
(B) The retailer
ensures the following for the street sign:
(i) All words or symbols of condition are in
equal size and are equally visible to a customer or potential
customer;
(ii) All words or symbols
of condition are in no less than one-third the size as the words or symbols
setting forth the cash price; and
(iii) All words or symbols setting forth the
prices applicable to the condition are in equal size and are equally visible to
a customer or potential customer as the words or symbols setting forth the cash
price.
(C) Immediately
adjacent to the words or symbols of condition, the retailer displays on the
street sign either:
(i) The whole unit price
of any condition for each grade of motor vehicle fuel; or
(ii) The additional price per unit of
measurement for any condition in whole cents (e.g., "credit price +
3¢/gal" or "full service additional 10¢/gal") for each grade of motor
vehicle fuel. If the additional price per unit of measurement for a specific
condition (e.g., credit) for each grade of motor vehicle fuel is the same, then
only one price reference is required under this
subparagraph.
(D) The
retailer clearly identifies the area where each price is available, if the
lowest cash price is available only in a certain area of the service station or
business. The identification may be placed on the canopy above the island, if
it is visible from each side of the island, or at the entry points of the
island. The identification must be clear and conspicuous from a driver's
position;
(E) For full service,
the retailer states what specific services are included in its full service at
the entry points of the island where full service is available; and
(F) The retailer only charges a price greater
than the lowest cash price if the retailer provides the condition or the
condition is offered in a designated location and the customer affirmatively
rejects the condition (e.g., the retailer either provided full service or the
retailer offered to perform all services included in that retailer's full
service in a location designated as full service and the customer rejected the
services offered).
(d)
The retailer may offer a discount from the lowest cash price for customers that
enroll in a loyalty program, membership program or other similar program where
a customer must affirmatively enroll in the program. If the retailer displays
the discounted program price, it complies with subsection (6)(c);
(e) The retailer arranges all prices in a
meaningful and consistent order;
(f) The retailer clearly and conspicuously
identifies each grade of motor vehicle fuel that corresponds with each
price;
(g) The retailer does not
display prices for products other than motor vehicle fuel in a manner that
creates a likelihood of confusion or misunderstanding with the price of motor
vehicle fuel; and
(h) The retailer
does not require as a condition of buying motor vehicle fuel at the displayed
price that a customer purchase a specific quantity (e.g., 8 gallons or a full
tank) or dollar amount of motor vehicle fuel.
Stat. Auth.: ORS 646
Stats. Implemented: ORS 646.608(1)(u) & 1985 c.751 (2)
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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