§ 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 […]
§ 47-25-1909. 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 […]
§ 47-25-1911. Security Interests Not Affected — Exemption From Bulk Sales Law — Inspection
This part shall not be construed to affect in any way any security interest that the supplier may have in the inventory of the dealer, and any repurchase under this part shall not be subject to the bulk sales law. The dealer and supplier shall furnish representatives to inspect all parts and certify their acceptability […]
§ 47-25-1912. Applicability
This part shall apply to all contracts and shall apply to all retail agreements in effect that have no expiration date and are a continuing contract, and shall apply to all other contracts entered into, amended, extended, ratified or renewed after January 1, 2007. This part shall apply to and be binding upon all suppliers, […]
§ 47-25-1913. Waiver — Severability
This part shall not be waivable in any contract, and any such attempted waiver shall be null and void. Any contractual term restricting the procedural or substantive rights of a dealer under this part, including a choice of law or choice of forum clause, is void. If any provision of this part or the application […]