Tennessee Code 47-25-2004 – Contract provisions forbidding, limiting or restricting blending void
Terms Used In Tennessee Code 47-25-2004
- Contract: A legal written agreement that becomes binding when signed.
- Permissive supplier: means any person that is not subject to the general taxing jurisdiction of this state, but that:
(A) Is a position holder in a federal qualified terminal located outside this state. See Tennessee Code 47-25-2002 - Refiner: means a person that owns, operates or otherwise controls a refinery within the United States. See Tennessee Code 47-25-2002
- Supplier: means a person that meets all the following conditions:
(A) Is subject to the general taxing jurisdiction of this state. See Tennessee Code 47-25-2002 - Wholesaler: means an entity that acquires petroleum products from a supplier, importer or from another wholesaler for subsequent sale and distribution at wholesale by tank cars, transport trucks or vessels, and subsequently resells to retailers, other wholesalers or to consumers from its own or its wholly owned affiliated retail locations. See Tennessee Code 47-25-2002
Any contract or provision between a wholesaler and a refiner, supplier or permissive supplier executed or renewed on or after January 1, 2010, that forbids, limits or restricts a wholesaler’s ability to blend petroleum products with ethanol or biodiesel shall be void as against public policy. Nothing in this section shall prohibit a franchisor or the holder of a trademark from selecting its own customers in bona fide transactions and not in restraint of trade, and from including in its contracts, franchise or licensing agreements those reasonable terms that allow the franchisor or licensor to require its franchisees or licensees to maintain the quality and integrity of the blended products produced under this part so long as the terms are consistent with the Tennessee Petroleum Trade Practices Act, compiled in part 6 of this chapter, the Federal Petroleum Marketing Practices Act, compiled in 15 U.S.C. § 2801 et seq. and § 47-25-2003.