37-2-35. Certain contract restrictions on the sale of renewable motor fuels prohibited.
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/sd/title-37/chapter-37-2/37-2-35A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No franchise-related document entered into or renewed on or after July 1, 2008 may contain any provision allowing a franchisor to restrict the franchisee or any affiliate of the franchisee from:
(1)Installing on the marketing premises of the franchisee a renewable fuel pump or tank, except that the franchisee's franchisor may restrict the installation of a tank on leased marketing premises of the franchisor;
(2)Converting an existing tank or pump on the marketing premises of the franchisee for renewable fuel use;
(3)Advertising the sale of any renewable fuel, including through the use of signage;
(4)Selling renewable fuel in any specified area on the marketing premises of the franchisee, including any area in which a name or logo of a franchisor or any other entity appears;
(5)Purchasing renewable fuel from sources other than the franchisor if the franchisor does not offer its own renewable fuel for sale by the franchisee;
(6)Listing renewable fuel availability or prices, including on service station signs, fuel dispensers, or light poles;
(7)Allowing for payment of renewable fuel with any form of payment available for any other type of fuel;
(8)Installing on the marketing premises of the franchisee an ethanol blender pump as defined in § 37-2-34.1 ; or
(9)Using any pump to dispense a specified ethanol blend or range of blends, if the pump is approved by the authority having jurisdiction, as defined in § 34-38-23 , for dispensing the specified ethanol blend or range of blends.
Nothing in this section authorizes any activity that constitutes mislabeling, misbranding, willful adulteration, or other trademark violations by the franchisee.