37-2-35. Certain contract restrictions on the sale of renewable motor fuels prohibited.
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.
Source: SL 2008, ch 201, §2; SL 2011, ch 188, §2.
Structure South Dakota Codified Laws
Chapter 02 - Petroleum Products
Section 37-2-1 - Discrimination between localities in selling price as misdemeanor.
Section 37-2-2 - Price differential to meet competition permitted.
Section 37-2-3 - Difference in selling prices as prima facie evidence of violation.
Section 37-2-4 - Remedies cumulative.
Section 37-2-6 - Promulgation of rules.
Section 37-2-7 - Examination and testing specifications and methods.
Section 37-2-8 - Analyses by qualified laboratory--Distillation test methods.
Section 37-2-10 - Substitution of spurious product for trade name product prohibited.
Section 37-2-12 - Sale of substandard gasoline or motor fuel prohibited.
Section 37-2-13 - Antiknock index for gasoline and gasoline blends to be posted.
Section 37-2-16 - Violation as misdemeanor.
Section 37-2-18 - Acting as agent of another not a defense.
Section 37-2-22 - Collection and analysis of samples--Publication of results.
Section 37-2-25 - Sale of certain petroleum products on other than gross volume basis unlawful.
Section 37-2-26 - Substantially disabled may buy attendant-dispensed gasoline at self-service price.
Section 37-2-29 - Listing different motor fuel prices for cash or credit--Violation as misdemeanor.
Section 37-2-30 - Labeling of any gasoline containing oxygenate.
Section 37-2-31 - Declaration of oxygenate for labeling purposes.
Section 37-2-34 - Definition of terms relating to sale of renewable motor fuels.
Section 37-2-34.1 - Ethanol blender pump defined.
Section 37-2-35 - Certain contract restrictions on the sale of renewable motor fuels prohibited.
Section 37-2-36 - Reasonable indemnification and insurance policies permitted.
Section 37-2-38 - Violation as misdemeanor.
Section 37-2-39 - Labeling of motor fuel at retail fuel pump.
Section 37-2-40 - Documentation accompanying deliveries other than retail sale.
Section 37-2-41 - Refiners, importers, and producers--Federal requirements.
Section 37-2-42 - Distributors--Federal requirements.
Section 37-2-43 - Sales to consumers--Federal requirements.
Section 37-2-44 - Minimum octane rating grades of petroleum in certain counties.
Section 37-2-45 - Minimum octane rating grades of petroleum in all other counties.
Section 37-2-46 - Liability of retail dealer in petroleum products limited under certain conditions.