Title 15, Commerce and TradeRelease 119-110

§2822 Automotive Fuel Rating Testing and Disclosure Requirements

Title 15 › CHAPTER 55 — PETROLEUM MARKETING PRACTICES › SUBCHAPTER II — OCTANE DISCLOSURE › § 2822

Last updated Sep 22, 2026|Official source

Summary

Refiners must test each batch of automotive fuel to find its fuel rating (the number that shows how well it resists engine knocking). If a refiner sells fuel to someone other than the final buyer, the refiner must certify that fuel rating. Distributors who get fuel with a certified rating must pass that certified rating on when they resell, unless they choose to test and certify their own rating under rules the Federal Trade Commission (FTC) sets. Retailers must show the fuel rating clearly where customers buy fuel. They must use the certified rating they received, or their own rating if they choose to determine it under FTC rules. If a retailer is also a refiner, they use the refiner’s test. The FTC will set rules for how vehicle makers must show a car’s required fuel rating on the vehicle or in sales materials. Anyone who talks about a fuel’s anti-knock qualities must also give the fuel rating that was certified or determined. For blends of fuels, the rating shown must be the volume-weighted average of the parts. For non-blended fuel, the rating shown must match the certified or determined rating. These rules do not apply to other fuel traits or to brand names. Showing a vehicle’s required fuel rating does not create a legal promise that any fuel with that rating will prevent knocking in every vehicle or in all driving conditions.

Full Legal Text

Title 15, §2822

Commerce and Trade, Source: USLM XML via OLRC

(a)Determination and certification of automotive fuel rating by refiner distributing automotive fuel
Each refiner who distributes automotive fuel in commerce shall—
(1)determine the automotive fuel rating of any such fuel; and
(2)if such refiner distributes such fuel to any person other than the ultimate purchaser, certify, consistent with the determination made under paragraph (1), the automotive fuel rating of such fuel.
(b)Certification of automotive fuel rating by distributor receiving and distributing automotive fuel with certified automotive fuel rating; use of automotive fuel rating for certification by distributor (c) Display of automotive fuel rating by automotive fuel retailer; use of automotive fuel rating for display
Each distributor who receives automotive fuel, the automotive fuel rating of which is certified to him under this section, and distributes such fuel in commerce to another person other than the ultimate purchaser shall certify to such other person the automotive fuel rating of such fuel consistent with—
(1)the automotive fuel rating of such fuel certified to such distributor; or
(2)if such distributor elects (at such time and in such manner as the Federal Trade Commission may, by rule, prescribe), the automotive fuel rating of such fuel determined by such distributor.
(d)Display or representation of automotive fuel requirements for new motor vehicles by manufacturer of such vehicles; promulgation of rules by Federal Trade Commission
The Federal Trade Commission shall, by rule, prescribe requirements, applicable to any manufacturer of new motor vehicles, with respect to the display on each such motor vehicle (or representation in connection with the sale of each such motor vehicle) of the automotive fuel requirement of such motor vehicle.
(e)Representation of antiknock characteristics of automotive fuel by person distributing automotive fuel; use of automotive fuel rating in representation
No person who distributes automotive fuel in commerce may make any representation respecting the antiknock characteristics of such fuel unless such representation fairly discloses the automotive fuel rating of such fuel consistent with such fuel’s automotive fuel rating as certified to or determined by such person under the foregoing provisions of this section.
(f)Additional statutory considerations respecting certification, display, or representation of automotive fuel rating of automotive fuel
For purposes of this section, the automotive fuel rating of any automotive fuel shall be considered to be certified, displayed, or represented by any person consistent with the rating certified to, or determined by, such person—
(1)in the case of automotive fuel which consists of a blend of two or more quantities of automotive fuel of differing automotive fuel ratings, only if the rating certified, displayed, or represented by such person is the average of the automotive fuel ratings of such quantities, weighted by volume; or
(2)in the case of fuel which does not consist of such a blend, only if the automotive fuel rating such person certifies, displays, or represents is the same as the automotive fuel rating of such fuel certified to, or determined by, such person.
(g)Nonapplicability of statutory requirements
The foregoing provisions of this section shall not apply—
(1)to any representation (by display at the point of sale or by other means) of any characteristics of any automotive fuel other than its automotive fuel rating; or
(2)to the identification of automotive fuel at the point of sale (or elsewhere) by the trademark, trade name, or other identifying symbol or mark used in connection with the sale of such fuel.
(h)Display or representation of automotive fuel requirement of motor vehicle not to create express or implied warranty under State or Federal law respecting knocking characteristics of automotive fuel
Any display or representation, with respect to the automotive fuel requirement of any motor vehicle, required to be made under any rule prescribed under subsection (d) shall not create an express or implied warranty under State or Federal law that any automotive fuel the automotive fuel rating of which equals or exceeds such automotive fuel requirement—
(1)may be used as a fuel in all motor vehicles of the same class as that motor vehicle without knocking; or
(2)may be used as a fuel in such motor vehicle under all operating conditions without knocking.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Pub. L. 102–486 amended section as follows: substituted “Automotive fuel rating” for “Octane” in section catchline; substituted “automotive fuel rating” and “automotive fuel ratings” for “octane rating” and “octane ratings”, respectively, wherever appearing; in subsecs. (a) and (b), substituted “fuel” for “gasoline” wherever appearing; in subsec. (c), substituted “automotive fuel” for “gasoline” wherever appearing except that “fuel” substituted for second reference to “gasoline”; in subsec. (d), substituted “automotive fuel” for “octane”; in subsec. (e), substituted “fuel” for “gasoline” wherever appearing and substituted “fuel’s” for “gasoline’s”; in subsecs. (f), (g), and (h), substituted “fuel” for “gasoline” wherever appearing; and in subsec. (h), substituted “automotive fuel requirement” for “octane requirement” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–486 effective at end of one-year period beginning Oct. 24, 1992, see section 1501(d)(1) of Pub. L. 102–486, set out as a note under section 2821 of this title.

Effective Date

Pub. L. 95–297, title II, § 205,
June 19, 1978, 92 Stat. 337, provided that: “(a) section 202(a)(1) [subsec. (a)(1) of this section] and 203(b) [section 2823(b) of this title] shall take effect on the first day of the first calendar month beginning more than 6 months after the date of the enactment of this Act [
June 19, 1978]. “(b) Subsections (a)(2), (b), (c), and (e) of section 202 [subsecs. (a)(2), (b), (c), and (e) of this section] shall take effect on the first day of the first calendar month beginning more than 9 months after such date of enactment [
June 19, 1978]. “(c) Rules under section 202(d) [subsec. (d) of this section] may not take effect earlier than the beginning of the first motor vehicle model year which begins more than 9 months after such date of enactment [
June 19, 1978].” Studies section 1503 of Pub. L. 102–486 directed Administrator of Environmental Protection Agency to carry out a study to determine whether the anti-knock characteristics of nonliquid fuels usable as a fuel for motor vehicles could be determined and further directed Federal Trade Commission to carry out a study to determine the need for a uniform national label on devices used to dispense automotive fuel to consumers that would consolidate all information required by Federal law to be posted on such devices, with reports of the results of the studies to be submitted to Congress within one year of Oct. 24, 1992, together with recommendations and a description of the administrative and legislative actions needed to implement the recommendations.

Reference

Citations & Metadata

Citation

15 U.S.C. § 2822

Title 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110