239.751 Petroleum dispenser, price, label, and sign.
Subdivision 1. Dispenser requirements, automatic price computation. A retail petroleum dispenser that automatically computes the total price of each sale must have a unit price indicator on the face of the computer mechanism that clearly displays the price per gallon or price per liter, including all taxes. The unit price indicator must not be covered or obscured in any manner.
Subd. 2. Dispenser requirements, manual price computation. A retail petroleum dispenser that does not automatically compute the total price of each sale must have a sign stating the price per gallon or price per liter, including all taxes. The sign must be white with black letters and figures. The letters and figures must be at least one inch high. The sign must be clearly and conspicuously posted on all dispenser faces, as close as possible to the total quantity indicator. Examples of acceptable unit price signs include: "$1.20/gallon," or "$0.32/liter."
Subd. 3. Price advertising sign; gasoline, diesel fuel. A sign or device designed to advertise the price of gasoline or diesel fuel, that is posted within view of any public highway, road, or street, or on or near premises where gasoline is sold at retail, must meet the following requirements:
(a) The price per gallon, or price per liter, including all taxes and fees to be collected in connection with the sale, must be clearly stated in figures of uniform size and prominence.
(b) If the advertised price per gallon, or price per liter, is subject to any conditions or restrictions, the conditions or restrictions must be clearly posted on the sign. For example, if a customer must pay cash to obtain the advertised price, the sign must clearly state "cash," "cash price," or "cash discount price."
Subd. 4. Use of term "premium." The term "premium" may be used only to advertise, or to identify a dispenser used to dispense, gasoline with an octane rating of 91 or greater.
Subd. 5. Multiple price structure, signs. A person shall post signs on the dispensers, on the dispenser island, or on the canopy over the dispensers, that clearly state the conditions for obtaining the price offered on the dispensers, if the person:
(1) sells or offers to sell gasoline or diesel fuel at retail;
(2) has more than one dispenser for a specific grade of product; and
(3) sets different dispensers to compute a total sale at different prices for the same product.
For example, signs must be posted to direct customers to separate dispensers for full service or self-service prices.
Subd. 6. Nonconforming dispenser, sign, display, or label. When a dispenser, sign, display, or label does not comply with the requirements in this section, the director shall reject the noncomplying dispenser or other equipment and employ any or all of the following actions to prohibit use of the noncomplying dispenser or other equipment:
(1) reject and mark as rejected the pumps, meters, or other dispensers that do not comply, or are used in conjunction with advertising signs or price displays that do not comply;
(2) issue a written warning to the owner, operator, manager, or attendant of the business or property where the dispenser or sign is located;
(3) issue a citation to the owner, operator, manager, or attendant of the business or property where a dispenser or sign is located;
(4) request that a city or county attorney draft a misdemeanor complaint.
Subd. 7. Dispenser and other equipment; responsibility. A person responsible for the product must meet all of the requirements in this section. When a dispenser or other equipment is rejected for failure to comply with this section, a person responsible for the product is required to correct the dispenser, price display violation, or price advertising violation.
HIST: 1992 c 575 s 24
Official Publication of the State of Minnesota
Revisor of Statutes