§ 2801. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2801]
TITLE 15--COMMERCE AND TRADE
CHAPTER 55--PETROLEUM MARKETING PRACTICES
SUBCHAPTER I--FRANCHISE PROTECTION
Sec. 2801. Definitions
As used in this subchapter:
(1)(A) The term ``franchise'' means any contract--
(i) between a refiner and a distributor,
(ii) between a refiner and a retailer,
(iii) between a distributor and another distributor, or
(iv) between a distributor and a retailer,
under which a refiner or distributor (as the case may be) authorizes or
permits a retailer or distributor to use, in connection with the sale,
consignment, or distribution of motor fuel, a trademark which is owned
or controlled by such refiner or by a refiner which supplies motor fuel
to the distributor which authorizes or permits such use.
(B) The term ``franchise'' includes--
(i) any contract under which a retailer or distributor (as the
case may be) is authorized or permitted to occupy leased marketing
premises, which premises are to be employed in connection with the
sale, consignment, or distribution of motor fuel under a trademark
which is owned or controlled by such refiner or by a refiner which
supplies motor fuel to the distributor which authorizes or permits
such occupancy;
(ii) any contract pertaining to the supply of motor fuel which
is to be sold, consigned or distributed--
(I) under a trademark owned or controlled by a refiner; or
(II) under a contract which has existed continuously since
May 15, 1973, and pursuant to which, on May 15, 1973, motor fuel
was sold, consigned or distributed under a trademark owned or
controlled on such date by a refiner; and
(iii) the unexpired portion of any franchise, as defined by the
preceding provisions of this paragraph, which is transferred or
assigned as authorized by the provisions of such franchise or by any
applicable provision of State law which permits such transfer or
assignment without regard to any provision of the franchise.
(2) The term ``franchise relationship'' means the respective motor
fuel marketing or distribution obligations and responsibilities of a
franchisor and a franchisee which result from the marketing of motor
fuel under a franchise.
(3) The term ``franchisor'' means a refiner or distributor (as the
case may be) who authorizes or permits, under a franchise, a retailer or
distributor to use a trademark in connection with the sale, consignment,
or distribution of motor fuel.
(4) The term ``franchisee'' means a retailer or distributor (as the
case may be) who is authorized or permitted, under a franchise, to use a
trademark in connection with the sale, consignment, or distribution of
motor fuel.
(5) The term ``refiner'' means any person engaged in the refining of
crude oil to produce motor fuel, and includes any affiliate of such
person.
(6) The term ``distributor'' means any person, including any
affiliate of such person, who--
(A) purchases motor fuel for sale, consignment, or distribution
to another; or
(B) receives motor fuel on consignment for consignment or
distribution to his own motor fuel accounts or to accounts of his
supplier, but shall not include a person who is an employee of, or
merely serves as a common carrier providing transportation service
for, such supplier.
(7) The term ``retailer'' means any person who purchases motor fuel
for sale to the general public for ultimate consumption.
(8) The term ``marketing premises'' means, in the case of any
franchise, premises which, under such franchise, are to be employed by
the franchisee in connection with sale, consignment, or distribution of
motor fuel.
(9) The term ``leased marketing premises'' means marketing premises
owned, leased, or in any way controlled by a franchisor and which the
franchisee is authorized or permitted, under the franchise, to employ in
connection with the sale, consignment, or distribution of motor fuel.
(10) The term ``contract'' means any oral or written agreement. For
supply purposes, delivery levels during the same month of the previous
year shall be prima facie evidence of an agreement to deliver such
levels.
(11) The term ``trademark'' means any trademark, trade name, service
mark, or other identifying symbol or name.
(12) The term ``motor fuel'' means gasoline and diesel fuel of a
type distributed for use as a fuel in self-propelled vehicles designed
primarily for use on public streets, roads, and highways.
(13) The term ``failure'' does not include--
(A) any failure which is only technical or unimportant to the
franchise relationship;
(B) any failure for a cause beyond the reasonable control of the
franchisee; or
(C) any failure based on a provision of the franchise which is
illegal or unenforceable under the law of any State (or subdivision
thereof).
(14) The terms ``fail to renew'' and ``nonrenewal'' mean, with
respect to any franchise relationship, a failure to reinstate, continue,
or extend the franchise relationship--
(A) at the conclusion of the term, or on the expiration date,
stated in the relevant franchise;
(B) at any time, in the case of the relevant franchise which
does not state a term of duration or an expiration date; or
(C) following a termination (on or after June 19, 1978) of the
relevant franchise which was entered into prior to June 19, 1978,
and has not been renewed after such date.
(15) The term ``affiliate'' means any person who (other than by
means of a franchise) controls, is controlled by, or is under common
control with, any other person.
(16) The term ``relevant geographic market area'' includes a State
or a standard metropolitan statistical area as periodically established
by the Office of Management and Budget.
(17) The term ``termination'' includes cancellation.
(18) The term ``commerce'' means any trade, traffic, transportation,
exchange, or other commerce--
(A) between any State and any place outside of such State; or
(B) which affects any trade, transportation, exchange, or other
commerce described in subparagraph (A).
(19) The term ``State'' means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, and any other commonwealth, territory, or
possession of the United States.
(Pub. L. 95-297, title I, Sec. 101, June 19, 1978, 92 Stat. 322; Pub. L.
103-371, Sec. 6, Oct. 19, 1994, 108 Stat. 3486.)
Amendments
1994--Par. (13)(C). Pub. L. 103-371 added subpar. (C).
Short Title of 1994 Amendment
Section 1 of Pub. L. 103-371 provided that: ``This Act [amending
this section and sections 2802, 2805, and 2806 of this title] may be
cited as the `Petroleum Marketing Practices Act Amendments of 1994'.''
Short Title
Section 1 of Pub. L. 95-297 provided: ``That this Act [enacting this
chapter and provisions set out as a note under section 2822 of this
title] may be cited as the `Petroleum Marketing Practices Act'.''
