Title 15, Commerce and TradeRelease 119-110

§2803 Trial and Interim Franchises

Title 15 › CHAPTER 55 — PETROLEUM MARKETING PRACTICES › SUBCHAPTER I — FRANCHISE PROTECTION › § 2803

Last updated Sep 22, 2026|Official source

Summary

A franchisor can choose not to renew a trial or interim franchise, and the limits in section 2802 do not apply to those nonrenewals. A "trial franchise" is a written franchise made on or after June 19, 1978, where the buyer has not previously had a franchise with that franchisor, the first term is no more than 1 year, and the paper plainly says it is a trial, how long it lasts, that the franchisor can give the notice required under section 2804 to end it, and that section 2802’s limits do not apply. A trial franchise does not include a remaining period of a non-trial franchise that was legally transferred or assigned. An "interim franchise" is a written franchise made on or after June 19, 1978, whose total time with earlier interim agreements does not exceed 3 years, which starts right after a prior franchise was not renewed for the reason described in section 2802(b)(2)(E) with that rule’s conditions met, and which plainly says it is interim, its length, and that the franchisor may not renew it if, in good faith and in the normal course of business, the franchisor decides to stop selling motor fuel in that market and the requirements in section 2802(b)(2)(E)(ii) and (iii) are satisfied. If the notice rules in section 2804 are followed, a franchisor may decline to renew a trial at the end of its initial term and may decline to renew an interim at the end of its term when the conditions just described are met.

Full Legal Text

Title 15, §2803

Commerce and Trade, Source: USLM XML via OLRC

(a)Nonapplicability of statutory nonrenewal provisions
The provisions of section 2802 of this title shall not apply to the nonrenewal of any franchise relationship—
(1)under a trial franchise; or
(2)under an interim franchise.
(b)Definitions
For purposes of this section
(1)
(2)The term “trial franchise” does not include any unexpired period of any term of any franchise (other than a trial franchise, as defined by paragraph (1)) which was transferred or assigned by a franchisee to the extent authorized by the provisions of the franchise or any applicable provision of State law which permits such transfer or assignment, without regard to any provision of the franchise.
(3)The term “interim franchise” means any franchise—
(A)which is entered into on or after June 19, 1978;
(B)the term of which, when combined with the terms of all prior interim franchises between the franchisor and the franchisee, does not exceed 3 years;
(C)the effective date of which occurs immediately after the expiration of a prior franchise, applicable to the marketing premises, which was not renewed if such nonrenewal—
(i)was based upon a determination described in section 2802(b)(2)(E) of this title, and
(ii)the requirements of section 2802(b)(2)(E) of this title were satisfied; and
(D)which is in writing and states clearly and conspicuously—
(i)that the franchise is an interim franchise;
(ii)the duration of the franchise; and
(iii)that the franchisor may fail to renew the franchise at the conclusion of the term stated in the franchise based upon a determination made by the franchisor in good faith and in the normal course of business to withdraw from the marketing of motor fuel through retail outlets in the relevant geographic market area in which the marketing premises are located if the requirements of section 2802(b)(2)(E)(ii) and (iii) of this title are satisfied.
(c)Nonrenewal upon meeting statutory notification requirements
If the notification requirements of section 2804 of this title are met, any franchisor may fail to renew any franchise relationship—
(1)under any trial franchise, at the conclusion of the initial term of such trial franchise; and
(2)under any interim franchise, at the conclusion of the term of such interim franchise, if—
(A)such nonrenewal is based upon a determination described in section 2802(b)(2)(E) of this title; and
(B)the requirements of section 2802(b)(2)(E)(ii) and (iii) of this title are satisfied.

Reference

Citations & Metadata

Citation

15 U.S.C. § 2803

Title 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110