SF 2529

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to consumer protection; regulating retail gasoline sales; requiring
whole-cent pricing; amending Minnesota Statutes 2004, section 325D.71.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 325D.71, is amended to read:

325D.71 UNLAWFUL GASOLINE SALES.

new text begin Subdivision 1. new text end

new text begin Sales below cost prohibited; exception. new text end

Any offer for sale of
gasoline by a retailer by way of posted price or indicating meter that is below cost, as
defined by section 325D.01, subdivision 5, clause (3), is a violation of section 325D.04,
except that the criminal penalties in section 325D.071 do not apply. In addition to the
penalties for violations and the remedies provided for injured parties set forth elsewhere in
this chapter, the commissioner of commerce may use the authority under section 45.027
for the purpose of preventing violations of this section. A retailer who sells gasoline at
the same or higher legally posted price of a competitor in the same market area, on the
same day, is not in violation of this section.

A retailer who offers gasoline for sale at a price below cost as part of a promotion
at an individual location for no more than three days in any calendar quarter is not in
violation of this section.

new text begin Subd. 2. new text end

new text begin Fractional pricing prohibited. new text end

new text begin No retailer may sell or offer for sale
gasoline except at a whole-cent price per unit.
new text end