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Bill94th CongressFiled Jan 23, 1975Energy
S. 323

Fair Marketing of Petroleum Products Act

Bill journey · stage 2 of 5

Under committee review

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Law

What it doesSummary passed senate amended (Jun 20, 1975)

(Measure passed Senate, amended)

Fair Marketing of Petroleum Products Act - Prohibits a refiner or distributor from cancelling, failing to renew, or otherwise terminating a petroleum products franchise unless he furnishes notification 90 days in advance, a statement of remedies available to affected distributors and retailers, and unless it is done because a distributor or retailer has failed to comply with any essential and reasonable requirement or failed to act in good faith in carrying out the terms of the franchise, or unless the distributor withdraws entirely from the sale of refined petroleum products.

Limits the number of distributorships and retail establishments that may be operated by a major market shareholder.

States that if the commencement by a person who is a major market shareholder of a distributorship or retail establishment the personnel of which are under the control of such person or under the control of an entity controlled by such person results in an increase regarding the number of distributorships and retail establishments, such person may not commence such operation if: (1) prior to such commencement such distributorship or retail establishment had been operated as a petroleum products franchise, unless the franchisee had failed to comply with any reasonable requirement of such franchise or to carry out the terms of such franchise in good faith or had mutually agreed with such major market shareholder to terminate such franchise; or (2) such distributorship or retail establishment is within the market area of an existing franchise of such major market shareholder and such distributorship or retail establishment would be in substantial competition for the customers that are served by such existing franchise. Permits a retailer, distributor, or the Attorney General to bring civil actions in United States courts for relief from violations of this Act.

What just happenedJun 23, 1975

Referred to House Committee on Interstate and Foreign Commerce.

Who’s behind it

Sen. Moss, Frank E. [D-UT](D-UT)Sponsor
8 cosponsors
Read on Congress.gov
2committees
Passed Senate amendedJun 20, 197535
(Measure passed Senate, amended)

Fair Marketing of Petroleum Products Act - Prohibits a refiner or distributor from cancelling, failing to renew, or otherwise terminating a petroleum products franchise unless he furnishes notification 90 days in advance, a statement of remedies available to affected distributors and retailers, and unless it is done because a distributor or retailer has failed to comply with any essential and reasonable requirement or failed to act in good faith in carrying out the terms of the franchise, or unless the distributor withdraws entirely from the sale of refined petroleum products.

Limits the number of distributorships and retail establishments that may be operated by a major market shareholder.

States that if the commencement by a person who is a major market shareholder of a distributorship or retail establishment the personnel of which are under the control of such person or under the control of an entity controlled by such person results in an increase regarding the number of distributorships and retail establishments, such person may not commence such operation if: (1) prior to such commencement such distributorship or retail establishment had been operated as a petroleum products franchise, unless the franchisee had failed to comply with any reasonable requirement of such franchise or to carry out the terms of such franchise in good faith or had mutually agreed with such major market shareholder to terminate such franchise; or (2) such distributorship or retail establishment is within the market area of an existing franchise of such major market shareholder and such distributorship or retail establishment would be in substantial competition for the customers that are served by such existing franchise. Permits a retailer, distributor, or the Attorney General to bring civil actions in United States courts for relief from violations of this Act.

Introduced in SenateJan 23, 197500

Fair Marketing of Petroleum Products Act - Prohibits refiners or distributors of petroleum products from canceling, failing to renew, or otherwise terminating a franchise unless the retailer or distributor whose franchise is terminated failed to comply substantially with any essential and reasonable requirement of such franchise or failed to act in good faith in carrying out the terms of such franchise, or unless such refiner or distributor withdraws entirely from the sale of refined petroleum products in commerce for sale other than resale in the United States.

Sets forth procedural and jurisdictional requirements for suits brought as result of violation of this Act.

Fair Marketing of Petroleum Products Act — Informed