15 USC 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
Terms Used In 15 USC 2822
- automotive fuel: means liquid fuel of a type distributed for use as a fuel in any motor vehicle. See 15 USC 2821
- automotive fuel rating: means &mdash. See 15 USC 2821
- automotive fuel requirement: means , with respect to automotive fuel for use in a motor vehicle or a class thereof, imported, manufactured, or assembled by a manufacturer, the minimum automotive fuel rating of such automotive fuel which such manufacturer recommends for the efficient operation of such motor vehicle, or a substantial portion of such class, without knocking. See 15 USC 2821
- automotive fuel retailer: means any person who markets automotive fuel to the general public for ultimate consumption. See 15 USC 2821
- commerce: means any trade, traffic, transportation, exchange, or other commerce&mdash. See 15 USC 2821
- distributor: means any person who receives automotive fuel and distributes such automotive fuel to another person other than the ultimate purchaser. See 15 USC 2821
- manufacturer: means any person who imports, manufactures, or assembles motor vehicles for sale. See 15 USC 2821
- motor vehicle: means any self-propelled four-wheeled vehicle, of less than 6,000 pounds gross vehicle weight, which is designed primarily for use on public streets, roads, and highways. See 15 USC 2821
- refiner: means any person engaged in the production or importation of automotive fuel. See 15 USC 2821
- 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. See 15 USC 2821
- ultimate purchaser: means , with respect to any item, the first person who purchases such item for purposes other than resale. See 15 USC 2821
- vehicle: includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. See 1 USC 4
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);
(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).
(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) 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.