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15 U.S.C. § 2822 — Automotive fuel rating testing and disclosure requirements

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2822 — Automotive fuel rating testing and disclosure requirements

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Source file: Laws/federal/codes/united-states-code/title-15/section-2822-automotive-fuel-rating-testing-and-disclosure-requirements--46653b633b.md
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Source location: Title 15, Chapter 55, § 2822; chapter-055-petroleum-marketing-practices.md

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**(a) Determination and certification of automotive fuel rating by refiner distributing automotive fuel** Each refiner who distributes automotive fuel in commerce shall— (1) determine the automotive fuel rating of any such fuel; and (2) if such refiner distributes such fuel to any person other than the ultimate purchaser, certify, consistent with the determination made under paragraph (1), the automotive fuel rating of such fuel. **(b) Certification of automotive fuel rating by distributor receiving and distributing automotive fuel with certified automotive fuel rating; use of automotive fuel rating for certification by distributor** Each distributor who receives automotive fuel, the automotive fuel rating of which is certified to him under this section, and distributes such fuel in commerce to another person other than the ultimate purchaser shall certify to such other person the automotive fuel rating of such fuel consistent with— (1) the automotive fuel rating of such fuel certified to such distributor; or (2) if such distributor elects (at such time and in such manner as the Federal Trade Commission may, by rule, prescribe), the automotive fuel rating of such fuel determined by such distributor. **(c) Display of automotive fuel rating by automotive fuel retailer; use of automotive fuel rating for display** Each automotive fuel retailer shall display in a clear and conspicuous manner, at the point of sale to ultimate purchasers of automotive fuel, the automotive fuel rating of such automotive fuel, which automotive fuel rating shall be consistent with— (1) the automotive fuel rating of such automotive fuel certified to such retailer under subsection (a)(2) or (b); (2) if such automotive fuel retailer elects (at such time and in such manner as the Federal Trade Commission may, by rule, prescribe), the automotive fuel rating of such automotive fuel determined by such retailer for such automotive fuel; or (3) if such automotive fuel retailer is a refiner, the automotive fuel rating of such automotive fuel determined under subsection (a)(1). **(d) Display or representation of automotive fuel requirements for new motor vehicles by manufacturer of such vehicles; promulgation of rules by Federal Trade Commission** The Federal Trade Commission shall, by rule, prescribe requirements, applicable to any manufacturer of new motor vehicles, with respect to the display on each such motor vehicle (or representation in connection with the sale of each such motor vehicle) of the automotive fuel requirement of such motor vehicle. **(e) Representation of antiknock characteristics of automotive fuel by person distributing automotive fuel; use of automotive fuel rating in representation** No person who distributes automotive fuel in commerce may make any representation respecting the antiknock characteristics of such fuel unless such representation fairly discloses the automotive fuel rating of such fuel consistent with such fuel’s automotive fuel rating as certified to or determined by such person under the foregoing provisions of this section. **(f) Additional statutory considerations respecting certification, display, or representation of automotive fuel rating of automotive fuel** For purposes of this section, the automotive fuel rating of any automotive fuel shall be considered to be certified, displayed, or represented by any person consistent with the rating certified to, or determined by, such person— (1) in the case of automotive fuel which consists of a blend of two or more quantities of automotive fuel of differing automotive fuel ratings, only if the rating certified, displayed, or represented by such person is the average of the automotive fuel ratings of such quantities, weighted by volume; or (2) in the case of fuel which does not consist of such a blend, only if the automotive fuel rating such person certifies, displays, or represents is the same as the automotive fuel rating of such fuel certified to, or determined by, such person. **(g) Nonapplicability of statutory requirements** The foregoing provisions of this section shall not apply— (1) to any representation (by display at the point of sale or by other means) of any characteristics of any automotive fuel other than its automotive fuel rating; or (2) to the identification of automotive fuel at the point of sale (or elsewhere) by the trademark, trade name, or other identifying symbol or mark used in connection with the sale of such fuel. **(h) Display or representation of automotive fuel requirement of motor vehicle not to create express or implied warranty under State or Federal law respecting knocking characteristics of automotive fuel** Any display or representation, with respect to the automotive fuel requirement of any motor vehicle, required to be made under any rule prescribed under subsection (d) shall not create an express or implied warranty under State or Federal law that any automotive fuel the automotive fuel rating of which equals or exceeds such automotive fuel requirement— (1) may be used as a fuel in all motor vehicles of the same class as that motor vehicle without knocking; or (2) may be used as a fuel in such motor vehicle under all operating conditions without knocking.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2821 — Definitions

As used in this subchapter: (1) The term “octane rating” means the rating of the antiknock characteristics of a grade or type of automotive fuel as determined by dividing by 2 the sum of the research octane number plus the motor octane number, unless another procedure is prescribed under [section 2823(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2823/c/3&num=0&edition=prelim), in which case such term means the rating of such characteristics as determined under the procedure so prescribed. (2) The terms “research octane number” and “motor octane number” have the meanings given such terms in the specifications of the American Society for Testing and Materials (ASTM) entitled “Standard Specification for Automotive Spark-Ignition Engine Fuel” designated D4814 (as in effect on June 19, 1978) and, with respect to any grade or type of automotive gasoline, are determined in accordance with test methods set forth in ASTM standard test methods designated D 2699 and D 2700 (as in effect on such date). (3) The term “knock” means the combustion of a fuel spontaneously in localized areas of a cylinder of a spark-ignition engine, instead of the combustion of such fuel progressing from the spark. (4) The term “automotive fuel retailer” means any person who markets automotive fuel to the general public for ultimate consumption. (5) The term “refiner” means any person engaged in the production or importation of automotive fuel. (6) The term “automotive fuel” means liquid fuel of a type distributed for use as a fuel in any motor vehicle. (7) The term “motor vehicle” means any self-propelled four-wheeled vehicle, of less than 6,000 pounds gross vehicle weight, which is designed primarily for use on public streets, roads, and highwa

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2801 — Definitions

As used in this subchapter: (1) (A) The term “franchise” means any contract— (i) between a refiner and a distributor, (ii) between a refiner and a retailer, (iii) between a distributor and another distributor, or (iv) between a distributor and a retailer, under which a refiner or distributor (as the case may be) authorizes or permits a retailer or distributor to use, in connection with the sale, consignment, or distribution of motor fuel, a trademark which is owned or controlled by such refiner or by a refiner which supplies motor fuel to the distributor which authorizes or permits such use. (B) The term “franchise” includes— (i) any contract under which a retailer or distributor (as the case may be) is authorized or permitted to occupy leased marketing premises, which premises are to be employed in connection with the sale, consignment, or distribution of motor fuel under a trademark which is owned or controlled by such refiner or by a refiner which supplies motor fuel to the distributor which authorizes or permits such occupancy; (ii) any contract pertaining to the supply of motor fuel which is to be sold, consigned or distributed— (I) under a trademark owned or controlled by a refiner; or (II) under a contract which has existed continuously since May 15, 1973, and pursuant to which, on May 15, 1973, motor fuel was sold, consigned or distributed under a trademark owned or controlled on such date by a refiner; and (iii) the unexpired portion of any franchise, as defined by the preceding provisions of this paragraph, which is transferred or assigned as authorized by the provisions of such franchise or by any applicable provision of State law which permits such transfer or assignment without regard to any provis

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2823 — Administration and enforcement provisions

**(a) Procedural, investigative, and enforcement powers of Federal Trade Commission** The Federal Trade Commission shall have procedural, investigative, and enforcement powers, including the power to issue procedural rules in enforcing compliance with the requirements of this subchapter and rules prescribed pursuant to the requirements of this subchapter, to further define terms used in this subchapter, and to require the filing of reports, the production of documents, and the appearance of witnesses, as though the applicable terms and conditions of the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.] were part of this subchapter. **(b) Testing, certification, and notice requirements of Environmental Protection Agency; interagency enforcement agreements between Federal Trade Commission and Environmental Protection Agency and other Federal agencies** (1) The Environmental Protection Agency— (A) may conduct field testing of the automotive fuel rating of automotive fuel, comparing the tested automotive fuel rating of fuel at retail outlets with the automotive fuel rating posted at those outlets; (B) shall certify the results of such tests and comparisons to the Federal Trade Commission; and (C) shall notify the Federal Trade Commission of any failure to post the automotive fuel rating. (2) The Federal Trade Commission may enter into interagency agreements with the Environmental Protection Agency and such other agencies of the United States as the Commission determines appropriate for the purpose of assuring enforcement of the provisions of this subchapter in a manner which is consistent with— (A) minimizing the cost of field inspection and related compli

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2822 — Automotive fuel rating testing and disclo-

Page 1955 TITLE 15—COMMERCE AND TRADE § 2822 designated D975 (as in effect on October 24, 1992). (Pub. L. 95–297, title II, § 201, June 19, 1978, 92 Stat. 333; Pub. L. 102–486, title XV, § 1501(a)–(c)(1), Oct. 24, 1992, 106 Stat. 2996.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in par. (15), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Ta- bles. CODIFICATION October 24, 1992, referred to in par. (18)(B), was in the original ‘‘the date of the enactment of this Act’’ and ‘‘such date’’, which were translated as meaning the date of enactment of Pub. L. 102–486, which enacted par. (18), to reflect the probable intent of Congress. AMENDMENTS 1992—Par. (1). Pub. L. 102–486, § 1501(c)(1)(A), sub- stituted ‘‘fuel’’ for ‘‘gasoline’’. Par. (2). Pub. L. 102–486, § 1501(c)(1)(B), substituted ‘‘Standard Specification for Automotive Spark-Ignition Engine Fuel’’ for ‘‘Standard Specifications for Auto- motive Gasoline’’ and ‘‘D4814 for ‘‘D 439’’. Par. (4). Pub. L. 102–486, § 1501(c)(1)(C), substituted ‘‘automotive fuel’’ for first reference to ‘‘gasoline’’ and ‘‘fuel’’ for second reference to ‘‘gasoline’’. Par. (5). Pub. L. 102–486, § 1501(c)(1)(D), added par. (5) and struck out former par. (5) which read as follows: ‘‘The term ‘refiner’ means any person engaged in— ‘‘(A) the refining of crude oil to produce automotive gasoline; or ‘‘(B) the importation of automotive gasoline.’’ Par. (6). Pub. L. 102–486, § 1501(a), amended par. (6) generally. Prior to amendment, par. (6) read as follows: ‘‘The term ‘automotive gasoline’ means gasoline of

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