§ 2822. — Automotive fuel rating testing and disclosure requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2822]
TITLE 15--COMMERCE AND TRADE
CHAPTER 55--PETROLEUM MARKETING PRACTICES
SUBCHAPTER II--OCTANE DISCLOSURE
Sec. 2822. Automotive fuel rating testing and disclosure
requirements
(a) Determination and certification of automotive fuel rating by refiner
distributing automotive fuel
Each refiner who distributes automotive fuel in commerce shall--
(1) determine the automotive fuel rating of any such fuel; and
(2) if such refiner distributes such fuel to any person other
than the ultimate purchaser, certify, consistent with the
determination made under paragraph (1), the automotive fuel rating
of such fuel.
(b) Certification of automotive fuel rating by distributor receiving and
distributing automotive fuel with certified automotive fuel
rating; use of automotive fuel rating for certification by
distributor
Each distributor who receives automotive fuel, the automotive fuel
rating of which is certified to him under this section, and distributes
such fuel in commerce to another person other than the ultimate
purchaser shall certify to such other person the automotive fuel rating
of such fuel consistent with--
(1) the automotive fuel rating of such fuel certified to such
distributor; or
(2) if such distributor elects (at such time and in such manner
as the Federal Trade Commission may, by rule, prescribe), the
automotive fuel rating of such fuel determined by such distributor.
(c) Display of automotive fuel rating by automotive fuel retailer; use
of automotive fuel rating for display
Each automotive fuel retailer shall display in a clear and
conspicuous manner, at the point of sale to ultimate purchasers of
automotive fuel, the automotive fuel rating of such automotive fuel,
which automotive fuel rating shall be consistent with--
(1) the automotive fuel rating of such automotive fuel certified
to such retailer under subsection (a)(2) or (b) of this section;
(2) if such automotive fuel retailer elects (at such time and in
such manner as the Federal Trade Commission may, by rule,
prescribe), the automotive fuel rating of such automotive fuel
determined by such retailer for such automotive fuel; or
(3) if such automotive fuel retailer is a refiner, the
automotive fuel rating of such automotive fuel determined under
subsection (a)(1) of this section.
(d) Display or representation of automotive fuel requirements for new
motor vehicles by manufacturer of such vehicles; promulgation of
rules by Federal Trade Commission
The Federal Trade Commission shall, by rule, prescribe requirements,
applicable to any manufacturer of new motor vehicles, with respect to
the display on each such motor vehicle (or representation in connection
with the sale of each such motor vehicle) of the automotive fuel
requirement of such motor vehicle.
(e) Representation of antiknock characteristics of automotive fuel by
person distributing automotive fuel; use of automotive fuel
rating in representation
No person who distributes automotive fuel in commerce may make any
representation respecting the antiknock characteristics of such fuel
unless such representation fairly discloses the automotive fuel rating
of such fuel consistent with such fuel's automotive fuel rating as
certified to or determined by such person under the foregoing provisions
of this section.
(f) Additional statutory considerations respecting certification,
display, or representation of automotive fuel rating of
automotive fuel
For purposes of this section, the automotive fuel rating of any
automotive fuel shall be considered to be certified, displayed, or
represented by any person consistent with the rating certified to, or
determined by, such person--
(1) in the case of automotive fuel which consists of a blend of
two or more quantities of automotive fuel of differing automotive
fuel ratings, only if the rating certified, displayed, or
represented by such person is the average of the automotive fuel
ratings of such quantities, weighted by volume; or
(2) in the case of fuel which does not consist of such a blend,
only if the automotive fuel rating such person certifies, displays,
or represents is the same as the automotive fuel rating of such fuel
certified to, or determined by, such person.
(g) Nonapplicability of statutory requirements
The foregoing provisions of this section shall not apply--
(1) to any representation (by display at the point of sale or by
other means) of any characteristics of any automotive fuel other
than its automotive fuel rating; or
(2) to the identification of automotive fuel at the point of
sale (or elsewhere) by the trademark, trade name, or other
identifying symbol or mark used in connection with the sale of such
fuel.
(h) Display or representation of automotive fuel requirement of motor
vehicle not to create express or implied warranty under State or
Federal law respecting knocking characteristics of automotive
fuel
Any display or representation, with respect to the automotive fuel
requirement of any motor vehicle, required to be made under any rule
prescribed under subsection (d) of this section shall not create an
express or implied warranty under State or Federal law that any
automotive fuel the automotive fuel rating of which equals or exceeds
such automotive fuel requirement--
(1) may be used as a fuel in all motor vehicles of the same
class as that motor vehicle without knocking; or
(2) may be used as a fuel in such motor vehicle under all
operating conditions without knocking.
(Pub. L. 95-297, title II, Sec. 202, June 19, 1978, 92 Stat. 334; Pub.
L. 102-486, title XV, Sec. 1501(c)(2), Oct. 24, 1992, 106 Stat. 2997.)
Amendments
1992--Pub. L. 102-486 amended section as follows: substituted
``Automotive fuel rating'' for ``Octane'' in section catchline;
substituted ``automotive fuel rating'' and ``automotive fuel ratings''
for ``octane rating'' and ``octane ratings'', respectively, wherever
appearing; in subsecs. (a) and (b), substituted ``fuel'' for
``gasoline'' wherever appearing; in subsec. (c), substituted
``automotive fuel'' for ``gasoline'' wherever appearing except that
``fuel'' substituted for second reference to ``gasoline''; in subsec.
(d), substituted ``automotive fuel'' for ``octane''; in subsec. (e),
substituted ``fuel'' for ``gasoline'' wherever appearing and substituted
``fuel's'' for ``gasoline's''; in subsecs. (f), (g), and (h),
substituted ``fuel'' for ``gasoline'' wherever appearing; and in subsec.
(h), substituted ``automotive fuel requirement'' for ``octane
requirement'' wherever appearing.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-486 effective at end of one-year period
beginning Oct. 24, 1992, see section 1501(d)(1) of Pub. L. 102-486, set
out as a note under section 2821 of this title.
Effective Date
Section 205 of Pub. L. 95-297 provided that:
``(a) Sections 202(a)(1) [subsec. (a)(1) of this section] and 203(b)
[section 2823(b) of this title] shall take effect on the first day of
the first calendar month beginning more than 6 months after the date of
the enactment of this Act [June 19, 1978].
``(b) Subsections (a)(2), (b), (c), and (e) of section 202 [subsecs.
(a)(2), (b), (c), and (e) of this section] shall take effect on the
first day of the first calendar month beginning more than 9 months after
such date of enactment [June 19, 1978].
``(c) Rules under section 202(d) [subsec. (d) of this section] may
not take effect earlier than the beginning of the first motor vehicle
model year which begins more than 9 months after such date of enactment
[June 19, 1978].''
Studies
Section 1503 of Pub. L. 102-486 directed Administrator of
Environmental Protection Agency to carry out a study to determine
whether the anti-knock characteristics of nonliquid fuels usable as a
fuel for motor vehicles could be determined and further directed Federal
Trade Commission to carry out a study to determine the need for a
uniform national label on devices used to dispense automotive fuel to
consumers that would consolidate all information required by Federal law
to be posted on such devices, with reports of the results of the studies
to be submitted to Congress within one year of Oct. 24, 1992, together
with recommendations and a description of the administrative and
legislative actions needed to implement the recommendations.
Section Referred to in Other Sections
This section is referred to in section 2823 of this title.
