2017 ORS 646.932¹
Requirement to post amount per gallon of gasoline that is federal, state and local tax
  • option to disclose cost per gallon of low carbon fuel standard
  • information from Department of Transportation and State Department of Agriculture
  • rules

(1) As used in this section, “gas station” includes a filling station, service station, garage or any other place where gasoline is sold for use in motor vehicles.

(2) The owner or operator of a gas station shall post, in a manner visible to customers, the following information:

(a) The amount of the price per gallon that is federal tax;

(b) The amount of the price per gallon that is state tax;

(c) The amount of the price per gallon that is local tax; and

(d) The total amount of federal, state and local taxes per gallon.

(3) The Department of Transportation shall furnish the information described in subsection (2) of this section to each gas station in this state.

(4) The owner or operator of a gas station may disclose to customers the cost, per gallon of gasoline and diesel, of the low carbon fuel standards adopted by rule under ORS 468A.266 (Low carbon fuel standards) after viewing on the Department of Environmental Quality’s website or receiving from the State Department of Agriculture the annual calculations described in ORS 468A.271 (Clean fuels program design requirements). An owner or operator that posts the cost per gallon of the low carbon fuel standard shall also post the calculation of the concurrent total greenhouse gas emissions reductions attributable to the low carbon fuel standard. The owner or operator may make the disclosures provided for in this subsection by:

(a) Posting the disclosures on a gasoline pump in a manner that is visible to customers;

(b) Printing the disclosures on a receipt that the owner or operator provides to a customer; or

(c) Otherwise displaying the disclosures near the point of payment or another location that is visible to customers.

(5) The State Department of Agriculture shall adopt rules governing the implementation and enforcement of this section consistent with ORS 183.745 (Civil penalty procedures). [1999 c.957 §8; 2017 c.437 §1; 2017 c.750 §171]

Chapter 646

Notes of Decisions

Subject matter regulated by this chapter is not “preempted” by Federal Robinson-Patman Act so as to render this chapter invalid. W. J. Seufert v. Nat. Restaurant Supply Co., 266 Or 92, 511 P2d 363 (1973)

Whether an injunc­tion should issue when a court finds a viola­tion of the Act is a matter of discre­tion. State ex rel Johnson v. Interna­tional Harvester Co., 25 Or App 9, 548 P2d 176 (1976)

This chapter imposes no af­firm­a­tive duty to inform customers of rates in absence of request, but prohibits making in­for­ma­­tion about prices available to some customers and not others. Wildish Sand & Gravel v. Northwest Natural Gas Co., 103 Or App 215, 796 P2d 1237 (1990), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 646—Trade Practices and Antitrust Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors646.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 646, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano646.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.