CHAPTER 299

PROVIDING FOR PROHIBITION OF THE SUBSTITUTION OR ADULTERATION OF PETROLEUM PRODUCTS

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO PROTECT THE PUBLIC AGAINST MISLEADING ADVERTISEMENTS PERTAINING TO THE SALE OF MOTOR FUELS AT RETAIL BY REGULATING THE METHOD OF RETAIL SALE OF MOTOR FUELS, AND PROVIDING PENALTIES FOR VIOLATIONS" BEING CHAPTER 70, VOLUME 42, LAWS OF DELAWARE, BY PROVIDING FOR THE PROHIBITION OF THE SUBSTITUTION OR ADULTERATION OF PETROLEUM PRODUCTS, AND ESTABLISHING UNIFORM REGULATIONS WITH RESPECT TO THE SIZE AND LOCATION OF SIGNS INDICATING THE SALE PRICE PER GALLON OF MOTOR FUEL.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 70, Volume 42, Laws of Delaware, be and the same is hereby amended by striking out all of Sections 1, 2, and 3 thereof and substituting and enacting in lieu thereof three new Sections to be known as Sections 1, 2 and 3 as follows:

Section 1. Every retail dealer in motor fuel shall publicly display and maintain on each pump or other dispensing device, from which motor fuel is sold by him, at least one sign and not more than two signs stating the price per gallon of the motor fuel sold by him from such pump or device, which price shall be the total price for such motor fuel, including all State and Federal taxes. Said sign or signs shall be of a size not larger than four inches by six inches and shall contain no information other than the said price per gallon, except that said sign or signs may state that the said price per gallon includes all taxes or may state the amount of such taxes which are included in the price. The statement of the total price per gallon, as shown by the figures used in any price computing mechanism constituting a part of any such pump or dispensing device, shall be considered as a sign within the meaning of this Section and no other or additional signs stating the price per gallon shall be required.

No signs stating or relating to the prices of motor fuel, and no signs designed or calculated to cause the public to believe that they state or relate to the price of motor fuel, other than the signs referred to in the preceding paragraph, shall be posted or displayed on or about the premises where motor fuel is sold at retail.

No rebates, allowances, concessions, discounts or benefits shall be given, directly or indirectly, so as to permit any person to obtain motor fuels from a retail dealer below the posted price, nor shall any retail dealer use lotteries, prizes, wheels of fortune, punchboards or other games of chance, in connection with the sale of motor fuels.

Section 2. All aboveground equipment for storing or dispensing motor fuel operated by a retail dealer shall bear in a conspicuous place the brand name or trade-mark of the manufacturer or distributor of the product stored therein or sold or dispensed therefrom or shall have conspicuously displayed thereon the words "No Brand." As used in this Act "manufacturer" means any person, firm or corporation which engages in the business of refining motor fuel and "distributor" means any person, firm or corporation which purchases motor fuel. from a manufacturer for the purpose of resale in wholesale quantities.

Section 3. "Motor fuel," as used in this Act, shall mean and include any substance or combination of substances which is intended to be or is capable of being used for the purpose of propelling or running by combustion any internal combustion engine and sold or used for that purpose.

"Retail dealer," as used in this Act, shall mean and include any person, firm or corporation operating a service station, filling station, store, garage or other place of business for the sale of motor fuel for delivery into the service tank or tanks of any vehicle propelled by an internal combustion engine.

Approved June 5, 1951.