Title 26, Trade Regulation And Practice

[§486H-12] Preemption by federal law. This chapter shall not be applied in a manner that would render its application preempted by the "Petroleum Marketing Practices Act", 15 U.S.C. [section] 2801, et seq., or other applicable federal law. [L 1993, c 329, pt of §1]

§486H-13 Maximum pre-tax wholesale price for the sale of gasoline; civil actions. (a) Notwithstanding any law to the contrary, no manufacturer, wholesaler, or jobber may sell regular unleaded, mid-grade, or premium gasoline to a dealer retail station, an independent retail statio…

§486H-16 Adjustments. (a) A manufacturer, wholesaler, or jobber may petition the commission to adjust the maximum pre-tax wholesale price of regular unleaded, mid-grade, or premium gasoline in the event of a change in the value of the baseline price for regular unleaded gasoline,…

[§486H-17] Restricting supply of petroleum products. The attorney general shall immediately investigate any shortage or condition affecting the supply of any petroleum products or other matters relating to the requirements of this chapter and shall institute all appropriate crimi…

[§486H-2] Wrongful or illegal termination; unreasonable nonrenewal; damages; defenses. (a) Except as provided in section 486H-3, a petroleum distributor shall be liable to a gasoline dealer who sells the products of the petroleum distributor under a franchise from the distributor…

§486H-3 Notice of termination, cancellation, or nonrenewal. A petroleum distributor shall not terminate, cancel, or refuse to renew a franchise with a gasoline dealer without first giving the dealer written notice by certified mail at least ninety days in advance of the effective…

§486H-4 Wrongful termination, cancellation, or nonrenewal; exception to actions. No action may be brought under section 486H-2 in connection with the termination, cancellation, or nonrenewal of a franchise if the franchise agreement provides for the binding arbitration of dispute…

§486H-5 Gasoline dealer's rights. (a) A petroleum distributor shall not in any way dictate, force, or attempt to set the retail price of any product sold by the gasoline dealer. (b) After June 7, 1976, it shall be illegal for any petroleum distributor by any action to require a g…

§486H-6 Petroleum distributor's penalty; collection. The petroleum distributor's executive officer, representative, or agent who negotiates any contract in violation of section 486H-5(a) and section 486H-5(b), or who otherwise coerces a gasoline dealer in violation of section 486…

[§486H-7] Right to sue. Any person who is injured in the person's business or property by reason of a violation of section 486H-5 may sue in any court having jurisdiction in the county where the defendant resides or is found, or where any agent of the defendant resides or is foun…

[§486H-8] Disposition of inventory. Upon termination of a franchise by either the petroleum distributor or the gasoline dealer, whether or not for cause, the distributor shall at the request of the dealer, take back any inventory from the dealer which was supplied by it and which…

[§486H-9] Rights of dealer family member. (a) Upon the death of a gasoline dealer, the franchise of said dealer and any leases or other agreements in connection therewith may be assumed by any dealer family member, who has actively participated in the franchise during the twelve-…