§ 47-25-601. Short Title
This part shall be known and may be cited as the “Petroleum Trade Practices Act.”
§ 47-25-602. Part Definitions
As used in this part, unless the context otherwise requires: “Cost to the retailer” means the sum of: The lower of: The purchase price of petroleum distillates to the retailer, less all trade discounts, allowances, or rebates actually granted to the retailer; or The replacement cost of petroleum distillates at the time of retail sale […]
§ 47-25-603. Purpose
The purpose of this part is to regulate vertical integration of the petroleum industry in Tennessee, it being the conclusion of the general assembly hereby expressed that vertical integration tends to operate in restraint of free trade and inhibits full and free competition and, therefore, tends to increase the price of petroleum and related products […]
§ 47-25-604. Termination of Franchise Agreement — Notice — Permissible Causes
Any vertically integrated producer engaged in a franchise agreement with a dealer shall give sixty (60) days’ notice to such dealer prior to termination or nonrenewal of such franchise agreement. Such notice shall state the date of issuance and termination and the cause for such termination. The notice provided for in this section shall not […]
§ 47-25-605. Improper Franchise Termination — Presumption — Damages
Any vertically integrated producer who: Terminates, fails to renew, or in any manner attempts to cause the cancellation of a franchise agreement with a dealer through the use of price or service discrimination, the imposition of unreasonable hours of operation requirements, or products allocation discrimination, or otherwise attempts to effectuate the termination of a franchise […]
§ 47-25-606. Injunction — Damages
Any court of competent jurisdiction hearing a cause of action based on a violation of this part may, in lieu of the damages and penalties set forth in part 1 of this chapter, enjoin franchise termination or award damages to the aggrieved dealer or the dealer’s legal representative in an amount which is three (3) […]
§ 47-25-607. Action by Dealer
Any dealer aggrieved by violations of this part, or such dealer’s legal representative, may bring suit in any court of competent jurisdiction and receive injunctive relief or damages as set forth in this part.
§ 47-25-621. Creation of Franchise — Franchisor’s Duty of Disclosure
A franchisor shall disclose in writing to any prospective franchisee, upon request of franchisee, the following information, before any agreement is concluded: The gallonage volume history, if any, of the location under negotiation for and during the three-year period immediately past or for the entire period during which the location has been supplied by the […]
§ 47-25-622. Creation of Franchise — Mandatory Conditions
Every franchise agreement as defined herein shall be subject to the nonwaivable provisions set forth in this section, whether or not they are expressly set forth in the agreement. No agreement shall contain any provision which in any way limits the right of either party to trial by jury, the interposition of counter-claims or cross-claims. […]
§ 47-25-623. Unfair Practices Generally
It is unlawful for any refiner, distributor, or producer of petroleum products engaged in business in this state, either directly or indirectly, to discriminate in prices between purchasers for petroleum products of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such petroleum products are […]
§ 47-25-624. Dealer Trade Associations
No supplier shall hinder, coerce or threaten any dealer for the purpose of preventing that dealer from joining any trade association made up of dealers.
§ 47-25-625. Credit Sales of Gasohol, Etc
No retail or wholesale seller of gasoline, diesel fuel, or other motor vehicle fuels who permits purchases or sales on credit of such gasoline, diesel fuel, or other motor vehicle fuels shall refuse to offer and permit similar purchases or sales on credit of gasohol or other fuels containing alcohol equal to at least ten […]
§ 47-25-626. Supplying of Gasohol, Etc
No distributor or wholesale dealer who supplies retail dealers with gasoline, diesel fuel, or other motor vehicle fuels shall prohibit or restrict any such supplied retail dealer from voluntarily carrying for sale gasohol or any other fuel containing alcohol equal to at least ten percent (10%) of total volume. Any such distributor or wholesale dealer […]