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H.R. 3374 (95th): Petroleum Marketing Practices Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


2/9/1977--Introduced. Petroleum Marketing Practices Act - Title I: Franchise Protection - Prohibits a franchisor from terminating or failing to renew a franchise unless specified conditions exist. Enumerates the basis upon which a franchisor may terminate or fail to renew a franchise. Exempts trial franchises from the requirements of this Act. Requires that 90 days advance notice of termination or nonrenewal be made in writing and delivered to the franchisee. Directs the Administrator of the Federal Energy Administration to publish in the Federal Register a summary of this Act. Authorizes civil actions in a United States district court against any franchisor who violates any requirement of this Act. Provides for the preemption of State laws unless such law is the same as the applicable provisions of this Act. Title II: Octane Disclosure - Requires the Federal Trade Commission to: (1) establish testing procedures for the determination of the octane rating of automotive gasoline; (2) establish requirements applicable to refiners with respect to the testing of automotive gasoline; (3) establish a certification procedure applicable to the distribution of automotive gasoline; and (4) establish requirements applicable to retailers of gasoline with respect to display of the octane rating of automotive gasoline at the point of sale. Prohibits any person who distributes automotive gasoline from making representations respecting the octane rating of gasoline unless the gasoline has been tested in accordance with the procedures established by the Federal Trade Commission. Grants to the Commission the procedural, investigative, and enforcement powers necessary to make effective the rules required to be prescribed. Makes it an unfair or deceptive act or practice in or affecting commerce under the Federal Trade Commission Act to violate the rules prescribed by this Act. Authorizes judicial review of the rules prescribed under this Act. Title III: Prohibition on Certain Unfair Practices in the Marketing of Automotive Gasoline - Prohibits dual distribution marketers of automotive gasoline (defined in this Act as a person who markets automotive gasoline at both wholesale and retail) in or affecting commerce from establishing or maintaining retail prices which do not recover the cost of gasoline transferred to, or purchased by, retail outlets controlled by such marketer plus the cost of operating such retail outlets. Defines terms for purposes of this Title. Disallows any person engaged in the marketing or distribution of automotive gasoline in or affecting commerce from selling at retail as a loss leader unless such person operates as a franchisee through a single retail outlet. Requires gasoline marketers to maintain books and records, consistent with sound accounting principles, prescribed by the Administrator of the Federal Energy Administration. Sets fines for violations of this Title and authorizes injunctions of illegal acts under specified circumstances.