Alabama Administrative Code Chapter 80-13-2 — Rules for Selling and Pricing of Gasoline

80 Alabama Department of Agriculture and Industries

Ala. Admin. Code r. 80-13-2-.01 Purpose

The purpose of this chapter is to insure to the buying public that in buying gasoline and other liquid motor vehicle fuels, a system of pricing said fuels shall be available that is fully understood by said buying public.

Ala. Admin. Code r. 80-13-2-.02 Previous Regulations Repealed

Any regulation previously promulgated by the undersigned authority that is in conflict with this regulation is hereby repealed.

Ala. Admin. Code r. 80-13-2-.03 Posting Of Price Per Gallon Required

All retail sellers of gasoline or other liquid motor vehicle fuels, who are presently, or who may in the future, sell their product by liter or any other system, other than by the gallon, shall, in addition to posting the price of the fuel in liter or other measure, post the price of said fuel by the gallon or fraction thereof.

(a) Said requirement is further defined as follows:

1. The price per gallon shall appear on all pumps dispensing the fuel, in letters or numbers the same, or larger size as the price per liter or other standard of measure.

2. The price per gallon shall appear at all other places, at the retail selling establishment, where the price per liter or other standard of measure is posted. Said price per gallon shall appear, in letters or numbers, the same size or larger than the posted price of any other measure.

3. It is the intent of this chapter to require the price per gallon to appear adjacent to or alongside of the posted price per liter so that the buying public can, with no difficulty, be able to compare the price per liter, or other standard of measure, with its corresponding price per gallon. Deviations from the above requirement shall only be allowed as provided in Rule no. 80-13-2-.04 below.

4. The price per gallon, corresponding to the liter price, required to be posted above, need only be shown to the nearest one cent. A fraction of one cent is allowed if the retailer so desires.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §8-16-15.
• Filed: April 19, 1982.

Ala. Admin. Code r. 80-13-2-.04 Allowed Deviations And Exceptions

The requirements under Rule No. 80-13-2-.03(3) above, requiring the posted price per liter and corresponding price per gallon to be posted alongside or adjacent to each other may, at times, be impracticable or work an undue hardship upon the retail seller. In these cases a reasonable deviation from this requirement is authorized. A determination of whether adjacent posting of prices per gallon or liter is impracticable or works an undue hardship on the retail seller, is wholly vested in representatives of the State Department of Agriculture and Industries and their decision shall be final. Also what is a reasonable deviation from the above requirement shall be determined by said Agriculture and Industries Department representatives. Any type of comparative price posting allowing the public to, with no difficulty, compare the liter price with its corresponding gallon price, is deemed to be an allowed reasonable deviation from the requirement of adjacent price posting.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §8-16-15.
• Filed: April 19, 1982.

Ala. Admin. Code r. 80-13-2-.05 Time Of Taking Effect

(1) This regulation shall become effective 60 days after June 9, 1980.

(2) An extension of time, not to exceed 30 days, may be obtained by a retail seller upon good cause shown, before this regulation becomes effective. To obtain this extension the seller or his representative must request the extension in writing addressed to the Director of the Weights and Measures Division of the State Department of Agriculture and Industries and demonstrate the hardship of non-compliance within the time set out in paragraph no. (1) above. An extension, at the discretion of the above state official, will be given in writing. Failure to fully comply with the above will automatically negate any extension.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §8-16-15.
• Filed: April 19, 1982.