OAR 137-020-0150: Gasoline Price Advertising

(1) Definitions: For the purposes of OAR 137-020-0150 to 137-020-0160 the following definitions apply: (a) “Clear and conspicuous” means in a form that is readily visible to and easily readable by a customer or potential customer who would be materially affected by the information and means in a location that a person who would be materially affected by the information ought to notice the information displayed. (b) “Condition” means any payment method (e.g., credit), service level (e.g., full service or mini service), or any other modifying circumstance affecting the price per unit of measurement of motor vehicle fuel from the lowest cash price; (c) “Diesel” means a refined middle distillate suitable for use as a fuel in a compression-ignition (diesel) internal combustion engine; (d) “Display” means to post information on a street sign or price sign; (e) “Full service” includes services such as washing windshields, windows and headlights, checking fluid levels, checking or adjusting tire pressure and inspecting belts and hoses but does not include a car wash; (f) “Gasoline” means any fuel sold for use in spark ignition engines whether leaded or unleaded; (g) “Grade” means the automotive fuel rating as defined in OAR 603-027-0410; (h) “Lowest cash price” means the offering price available to all customers that pay in cash; (i) “Mini service” means providing only the dispensing of motor vehicle fuel into a customer’s vehicle; (j) “Motor vehicle fuel” means gasoline, diesel or other fuel used for the generation of power in an internal combustion engine, except aviation jet fuels; (k) “Other fuel” means gasoline-ethanol blends with greater than 10% by volume ethanol, 100% other renewable diesel (100% Biomass-Based Diesel), renewable diesel blends, B100 Biodiesel, Biodiesel Blends, E85 Fuel Ethanol, M85 Fuel Methanol, E15, or any other liquid product used for the generation of power in an internal combustion engine that is sold to be used in a motor vehicle, except for gasoline and diesel; (l) “Price sign” means any sign, billboard, digital signage or other medium that provides the price charged for motor vehicle fuel, is visible from a dispensing device and is not a street sign; (m) “ODOT diesel” means undyed diesel sold for use in motor vehicles, which may be purchased without the tax provided the purchaser has valid credentials issued by ODOT under ORS 825 or 319. ODOT diesel was formerly known as PUC diesel; (n) “Retailer” means any person who operates a service station, business or other place for the purpose of retailing and delivering gasoline, diesel or other fuel into the tanks of motor vehicles; (o) “Street sign” means any sign, billboard, digital signage or other medium that provides the price charged for motor vehicle fuel and is located near and is visible from a street or highway, such as a freeway pole sign or a monument sign; and (p) “Unit of measurement” means a United States gallon or liter as defined in the National Institute of Standards and Technology (NIST) Handbook 44 entitled “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices” as adopted in OAR 603-027-0635. (2) Advertising: A retailer is not required to display prices charged for motor vehicle fuel. (3) Displayed Prices: A retailer may display a price for motor vehicle fuel. If a retailer displays a price for motor vehicle fuel: (a) The retailer must clearly and conspicuously display on each street sign the lowest cash prices charged for the sale of the lowest grade of each type of motor vehicle fuel sold or offered for sale to all customers or potential customers; (b) Notwithstanding subparagraph (a) above, if a retailer only sells or offers for sale ODOT diesel and no other motor vehicle fuel (including other diesel), the retailer may display only the ODOT diesel price on the street sign and does not need to post a price sign; (c) The retailer must clearly and conspicuously display on each price sign all prices charged for the sale of all grades of motor vehicle fuel sold or offered for sale; (d) If the lowest cash prices are available only under some conditions: (A) The retailer must clearly and conspicuously display all conditions on each street sign, price sign and dispensing device (e.g., cash only, mini serve); (B) The retailer must ensure the following for each distinct street sign: (i) All words or symbols of condition are in equal size and must be equally visible to a customer or potential customer; (ii) All words or symbols of condition are in no less than one-third the size as the words or symbols setting forth the cash price; and (iii) All words or symbols setting forth the prices applicable to the condition are in equal size and must be equally visible to a customer or potential customer as the words or symbols setting forth the cash price. (C) The retailer must ensure the following for each distinct price sign: (i) All words or symbols of condition are in equal size and must be equally visible to a customer or potential customer; (ii) All words or symbols of condition are in equal size as the words or symbols setting forth the cash price; and (iii) All words or symbols setting forth the prices applicable to the condition are in equal size and must be equally visible to a customer or potential customer as the words or symbols setting forth the cash price. (D) The retailer must clearly identify the area where each price is available, if the lowest cash price is available only in a certain area of the service station or business. The identification may be placed on the canopy above the island, if it is visible from each side of the island, or at the entry points of the island. The identification must be clear and conspicuous from a driver’s position; (E) For full service, the retailer must state what specific services are included in its full service at the entry points of the island where full service is available; and (F) The retailer may only charge a price greater than the lowest cash price if the retailer provides the condition or the condition is offered in a designated location and the customer affirmatively rejects the condition (e.g., the retailer either provided full service or the retailer offered to perform all services included in that retailer’s full service in a location designated as full service and the customer rejected the services offered). (e) The retailer may offer a discount from the lowest cash price for customers that enroll in a loyalty program, membership program or other similar program where a customer must affirmatively enroll in the program. If the discounted program is not available to all members of the general public, the retailer does not need to display the discounted program price under subsection (3)(c). (f) The retailer must arrange all prices in a meaningful and consistent order; (g) The retailer must clearly and conspicuously identify each grade of motor vehicle fuel that corresponds with each price; (h) The retailer may not display prices for products other than motor vehicle fuel in a manner that creates a likelihood of confusion or misunderstanding with the price of motor vehicle fuel; (i) The retailer may not require as a condition of buying motor vehicle fuel at the displayed price that a customer purchase a specific quantity (e.g., 8 gallons or a full tank) or dollar amount of motor vehicle fuel; and (j) The retailer may display on the street sign all of the information required to be displayed on the price sign under subsection (5)(d)(B). (4) Dispensing Devices: In regards to its motor vehicle fuel dispensing devices, a retailer must: (a) Ensure that the price per unit of measurement and the unit of measurement for each grade of motor vehicle fuel are the same on each street sign, price sign and dispensing device used for delivering that kind of fuel into the tanks of motor vehicles; (b) Ensure that computing-type dispensing devices automatically compute the full sales price for all motor vehicle fuel prices sold or offered for sale through the dispensing devices; (c) Ensure that dispensing devices are set to display and compute all unit prices for each grades of motor vehicle fuel sold. A retailer may not use a dispensing device to dispense motor vehicle fuel at one or more unit prices the dispensing device cannot compute; (d) Calibrate all dispensing devices in the same unit of measurement; (e) Charge the customer only the total amount registered on the dispensing device at the selected unit price; (f) If the lowest cash prices are available only under some conditions, ensure the dispensing device clearly and conspicuously states all conditions. (A) The words or symbols of condition may be posted on the upper 50 percent of the dispensing device panel or on top of the dispensing device (“pump topper”); and (B) The retailer must ensure that the letters stating the conditions are in block lettering type at least one inch in height and one-half inch stroke (width of type) in distinct contrasting color to the background. (5) Price signs: (a) In regards to its price signs, a retailer must: (A) Ensure that at least one price sign is visible at or near each dispensing device; and (B) Ensure that the information displayed on each price sign is clear and conspicuous from a driver’s position. (b) A retailer may place a price sign on top of the dispensing device (“pump topper”), on the island or on the side of the retailer’s building; (c) A retailer may post price signs in multiple locations in order to comply with subsection (5)(a) (e.g., a retailer may use pump toppers for one island and a sign on the side of the building for another island). Each price sign must comply with subsections (5)(d) and (e); (d) If the price sign is on top of the dispensing device, the retailer must ensure: (A) That the letters and numerals on the sign are in block lettering type at least one inch in height and one-half inch stroke (width of type) in distinct contrasting color to the background; and (B) That the following information is displayed on the price sign: (i) All words or symbols of condition; and (ii) Immediately adjacent to the words or symbols of condition, either: (I) The whole unit price of any condition for each grade of motor vehicle fuel; or (II) The additional price per unit of measurement for any condition in whole cents (e.g., “credit price + 3¢/gal” or “full service additional 10¢/gal”) for each grade of motor vehicle fuel. If the additional price per unit of measurement for a specific condition (e.g., credit) for each grade of motor vehicle fuel is the same, then only one price reference is required under this subparagraph. (e) If the price sign is on the island or on the side of the retailer’s building, the retailer must ensure: (A) That the letters and numerals on the sign are in block lettering type at least three inches in height and one and one-half inch stroke (width of type) in distinct contrasting color to the background; and (B) That the following information is displayed on the price sign: (i) All words or symbols of condition; and (ii) Immediately adjacent to the words or symbols of condition, the whole unit price of any condition for each grade of motor vehicle fuel. (6) Effective date: If a retailer that displays a price for motor vehicle fuel complies with this subsection on January 1, 2011, the retailer does not need to comply with subsection (5) unless and until the retailer purchases a new street sign or modifies its street sign; (a) The retailer clearly and conspicuously displays on each street sign the lowest cash prices for the sale of all grades of motor vehicle fuel sold or offered for sale; (b) Notwithstanding subparagraph (a) above, if a retailer only sells or offers for sale ODOT diesel and no other motor vehicle fuel (including other diesel), the retailer may display only the ODOT diesel price on the street sign; (c) If the lowest cash prices are available only under some conditions: (A) The retailer clearly and conspicuously displays all conditions on the street sign and dispensing device; (B) The retailer ensures the following for the street sign: (i) All words or symbols of condition are in equal size and are equally visible to a customer or potential customer; (ii) All words or symbols of condition are in no less than one-third the size as the words or symbols setting forth the cash price; and (iii) All words or symbols setting forth the prices applicable to the condition are in equal size and are equally visible to a customer or potential customer as the words or symbols setting forth the cash price. (C) Immediately adjacent to the words or symbols of condition, the retailer displays on the street sign either: (i) The whole unit price of any condition for each grade of motor vehicle fuel; or (ii) The additional price per unit of measurement for any condition in whole cents (e.g., “credit price + 3¢/gal” or “full service additional 10¢/gal”) for each grade of motor vehicle fuel. If the additional price per unit of measurement for a specific condition (e.g., credit) for each grade of motor vehicle fuel is the same, then only one price reference is required under this subparagraph. (D) The retailer clearly identifies the area where each price is available, if the lowest cash price is available only in a certain area of the service station or business. The identification may be placed on the canopy above the island, if it is visible from each side of the island, or at the entry points of the island. The identification must be clear and conspicuous from a driver’s position; (E) For full service, the retailer states what specific services are included in its full service at the entry points of the island where full service is available; and (F) The retailer only charges a price greater than the lowest cash price if the retailer provides the condition or the condition is offered in a designated location and the customer affirmatively rejects the condition (e.g., the retailer either provided full service or the retailer offered to perform all services included in that retailer’s full service in a location designated as full service and the customer rejected the services offered). (d) The retailer may offer a discount from the lowest cash price for customers that enroll in a loyalty program, membership program or other similar program where a customer must affirmatively enroll in the program. If the retailer displays the discounted program price, it complies with subsection (6)(c); (e) The retailer arranges all prices in a meaningful and consistent order; (f) The retailer clearly and conspicuously identifies each grade of motor vehicle fuel that corresponds with each price; (g) The retailer does not display prices for products other than motor vehicle fuel in a manner that creates a likelihood of confusion or misunderstanding with the price of motor vehicle fuel; and (h) The retailer does not require as a condition of buying motor vehicle fuel at the displayed price that a customer purchase a specific quantity (e.g., 8 gallons or a full tank) or dollar amount of motor vehicle fuel.