§ 47-25-2002. Part Definitions
As used in this part, unless the context otherwise requires: “Biodiesel” (biodiesel fuel blending stock) means a fuel comprised of mono-alkyl esters of long chain fatty acids meeting the requirements of ASTM D 6751; “Blending Stock” means any liquid compound used for blending with other liquid compounds, including catalytically reformed products and additives, to produce […]
§ 47-25-2003. Availability to Wholesalers of Gasoline, Gasoline Blending Stock or Diesel That Has Not Been Blended, but Is Suitable for Blending
All refiners, suppliers and permissive suppliers in this state shall make available to wholesalers gasoline or gasoline blending stock that has not been blended with, but is suitable for blending with, ethanol. All refiners, suppliers and permissive suppliers in this state shall make available to a wholesaler diesel that is suitable for blending with biodiesel. […]
§ 47-25-2004. Contract Provisions Forbidding, Limiting or Restricting Blending Void
Any contract or provision between a wholesaler and a refiner, supplier or permissive supplier executed or renewed on or after January 1, 2010, that forbids, limits or restricts a wholesaler’s ability to blend petroleum products with ethanol or biodiesel shall be void as against public policy. Nothing in this section shall prohibit a franchisor or […]
§ 47-25-2005. Complaints — Fines for Noncompliance — Enforcement
Upon a complaint by a wholesaler and upon investigation by the commissioner of agriculture and after the commissioner determines that a refinery, supplier or permissive supplier in this state is in willful noncompliance with this part, the commissioner of agriculture may assess fines up to five thousand dollars ($5,000) per day for each day of […]
§ 47-25-2006. Standards — Liability
Wholesalers purchasing gasoline, gasoline blending stock or diesel are responsible for ensuring that their activities result in gasolines and diesels that meet the standards promulgated by the commissioner of agriculture. Refiners, suppliers and permissive suppliers shall not be liable for fines, penalties, injuries or damages arising out of the subsequent blending of gasoline, gasoline blending […]
§ 47-25-1906. Termination and Repurchase — Price and Associated Costs
A dealer who enters into a written retail agreement with a supplier to maintain a stock of motorcycles, off-road vehicles, or related parts and attachments has the following rights to payment upon repurchase, at the option of the dealer, if the retail agreement is terminated: The supplier shall repurchase, at one hundred percent (100%) of […]
§ 47-25-1907. Title to Repurchased Inventory — Account Adjustments
Upon payment of the repurchase amount to the dealer, the title and right of possession to the repurchased inventory shall transfer to the supplier. Annually, at the end of each calendar year, after termination or cancellation, the dealer’s reserve account for recourse, retail sale or lease contracts shall not be debited by a supplier or […]
§ 47-25-1908. Exceptions to Repurchase Requirement
This part does not require repurchase from a dealer of: Any repair part that, because of its condition, is not resalable as a new part; Any inventory for which the dealer is unable to furnish evidence of title and ownership in the dealer that is free and clear of all claims, liens and encumbrances to […]
§ 47-25-1909. Civil Liability for Failure to Repurchase — Remedies
If any supplier fails or refuses to repurchase and pay the dealer for any inventory covered under this part within sixty (60) days after shipment of the inventory, the supplier shall be civilly liable for one hundred percent (100%) of the current net price of the inventory, plus any freight charges paid by the dealer, […]
§ 47-25-1910. Death of Retailer or Major Stockholder — Repurchase Option of Heirs — Succession
In the event of the death of the dealer or the majority stockholder of a corporation operating as a dealer, the supplier shall, at the option of the heir or heirs, repurchase the inventory from the heir or heirs of the dealer or majority stockholder as if the supplier had terminated the contract. The heir […]