§ 2806. — Relationship of statutory provisions to State and local laws.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2806]
TITLE 15--COMMERCE AND TRADE
CHAPTER 55--PETROLEUM MARKETING PRACTICES
SUBCHAPTER I--FRANCHISE PROTECTION
Sec. 2806. Relationship of statutory provisions to State and
local laws
(a) Termination or nonrenewal of franchise
(1) To the extent that any provision of this subchapter applies to
the termination (or the furnishing of notification with respect thereto)
of any franchise, or to the nonrenewal (or the furnishing of
notification with respect thereto) of any franchise relationship, no
State or any political subdivision thereof may adopt, enforce, or
continue in effect any provision of any law or regulation (including any
remedy or penalty applicable to any violation thereof) with respect to
termination (or the furnishing of notification with respect thereto) of
any such franchise or to the nonrenewal (or the furnishing of
notification with respect thereto) of any such franchise relationship
unless such provision of such law or regulation is the same as the
applicable provision of this subchapter.
(2) No State or political subdivision of a State may adopt, enforce,
or continue in effect any provision of law (including a regulation) that
requires a payment for the goodwill of a franchisee on the termination
of a franchise or nonrenewal of a franchise relationship authorized by
this subchapter.
(b) Transfer or assignment of franchise
(1) Nothing in this subchapter authorizes any transfer or assignment
of any franchise or prohibits any transfer or assignment of any
franchise 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) Nothing in this subchapter shall prohibit any State from
specifying the terms and conditions under which any franchise or
franchise relationship may be transferred to the designated successor of
a franchisee upon the death of the franchisee.
(Pub. L. 95-297, title I, Sec. 106, June 19, 1978, 92 Stat. 332; Pub. L.
103-371, Sec. 5, Oct. 19, 1994, 108 Stat. 3485.)
Amendments
1994--Subsec. (a). Pub. L. 103-371, Sec. 5(1), redesignated existing
provisions as par. (1) and added par. (2).
Subsec. (b). Pub. L. 103-371, Sec. 5(2), redesignated existing
provisions as par. (1) and added par. (2).
