Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0150 - Gasoline Price Advertising

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Definitions
: For the purposes of OAR 137-020-0150  to
			 137-020-0160  the following definitions apply:
(a) "Clear and conspicuous" means in a form
			 that is readily visible to and easily readable by a customer or potential
			 customer who would be materially affected by the information and means in a
			 location that a person who would be materially affected by the information
			 ought to notice the information displayed.
(b) "Condition" means any payment method
			 (e.g., credit), service level (e.g., full service or mini service), or any
			 other modifying circumstance affecting the price per unit of measurement of
			 motor vehicle fuel from the lowest cash price;
(c) "Diesel" means a refined middle
			 distillate suitable for use as a fuel in a compression-ignition (diesel)
			 internal combustion engine;
(d)
			 "Display" means to post information on a street sign or price sign;
(e) "Full service" includes services such as
			 washing windshields, windows and headlights, checking fluid levels, checking or
			 adjusting tire pressure and inspecting belts and hoses but does not include a
			 car wash;
(f) "Gasoline" means any
			 fuel sold for use in spark ignition engines whether leaded or
			 unleaded;
(g) "Grade" means the
			 automotive fuel rating as defined in OAR 603-027-0410;
(h) "Lowest cash price" means the offering
			 price available to all customers that pay in cash;
(i) "Mini service" means providing only the
			 dispensing of motor vehicle fuel into a customer's vehicle;
(j) "Motor vehicle fuel" means gasoline,
			 diesel or other fuel used for the generation of power in an internal combustion
			 engine, except aviation jet fuels;
(k) "Other fuel" means gasoline-ethanol
			 blends with greater than 10% by volume ethanol, 100% other renewable diesel
			 (100% Biomass-Based Diesel), renewable diesel blends, B100 Biodiesel, Biodiesel
			 Blends, E85 Fuel Ethanol, M85 Fuel Methanol, E15, or any other liquid product
			 used for the generation of power in an internal combustion engine that is sold
			 to be used in a motor vehicle, except for gasoline and diesel;
(l) "Price sign" means any sign, billboard,
			 digital signage or other medium that provides the price charged for motor
			 vehicle fuel, is visible from a dispensing device and is not a street
			 sign;
(m) "ODOT diesel" means
			 undyed diesel sold for use in motor vehicles, which may be purchased without
			 the tax provided the purchaser has valid credentials issued by ODOT under ORS
			 825 or ORS 319. ODOT diesel was formerly known as PUC diesel;
(n) "Retailer" means any person who operates
			 a service station, business or other place for the purpose of retailing and
			 delivering gasoline, diesel or other fuel into the tanks of motor
			 vehicles;
(o) "Street sign" means
			 any sign, billboard, digital signage or other medium that provides the price
			 charged for motor vehicle fuel and is located near and is visible from a street
			 or highway, such as a freeway pole sign or a monument sign; and
(p) "Unit of measurement" means a United
			 States gallon or liter as defined in the National Institute of Standards and
			 Technology (NIST) Handbook 44 entitled "Specifications, Tolerances, and Other
			 Technical Requirements for Weighing and Measuring Devices" as adopted in OAR
			 603-027-0635.