Iowa Admin. Code r. 21-85.29

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 21-85.29 - Advertisement of the price of liquid petroleum products for retail use

(1) Nothing in this rule shall be deemed to require that the price per gallon or liter or any grade or kind of liquid petroleum product sold on the station premises be displayed or advertised except on the liquid petroleum metering distribution pumps.

(2) Petroleum product retailers, if they elect to advertise the unit price of their petroleum products at or near the curb, storefront or billboard, shall display the price per gallon or liter. The advertised price shall equal the computer price settings shown on the metering pump or shall be displayed in a manner clear to the purchaser for discounts offered for cash payment. Product names displayed shall match the product names on the retail motor fuel dispensers and all consumer receipts.

(3) Notwithstanding the provisions of subrule 85.29(2), cash only prices may be posted by the petroleum marketer on the following basis:

a. Cash only prices must be disclosed on the posted sign as "cash only" or similar unequivocal wording in lettering 3" high and ¼" in stroke when the whole number price being shown is 36" or less in height; or in lettering at least 6" high and ½" in stroke when the whole number price being shown is more than 36" in height.

b. Cash prices posted or advertised must be available to all customers, regardless of type of service (e.g., full service or self-service); or grade of product (e.g., regular, unleaded, gasohol and diesel).

c. Cash and credit prices or discounts must be prominently displayed on the dispenser.

d. A chart showing applicable cash discounts expressed in terms of both the computed and posted price shall be available to the customer on the service station premises.

(4) On all outside display signs, the whole number shall not be less than 6" in height and not less than 3/8" in stroke, and any fraction shall be at least one-third of the size of the whole number in both height and width.

(5) The price must be complete, including taxes, without any missing numerals or fractions in the price.

(6) Price advertising signs shall identify the type of product (e.g., regular, unleaded, gasohol and diesel), in lettering at least 3" high and ¼" in stroke when the whole number price being shown is 36" or less in height, or in lettering at least 6" high and ½" in stroke when the whole number price being shown is more than 36" in height.

(7) A price advertising sign shall display if the price is in liters, and may display if the price is in gallons, the unit measure in letters of 3" minimum.

(8) Directional or informational signs for customer location of the type of service or product advertised shall be clearly and prominently displayed on the station premises in a manner not misleading to the public.

(9) The advertising of other commodities or services offered for sale by petroleum retailers in such a way as to mislead the public with regard to petroleum product pricing shall be prohibited.

(10) Ethanol blended gasoline classified with an octane rating of 87 or higher may be labeled or advertised as "super" or "plus."

(11) The octane rating of fuel offered for sale shall be posted on the pump in a conspicuous place. The octane rating shall be posted for registered fuels. No octane rating shall be posted on the pump for ethanol blended gasoline classified as higher than E-15. The minimum octane rating for gasoline offered for sale by a retail dealer is 87 for regular grade gasoline and 91 for premium grade gasoline.

(12) A wholesale dealer selling ethanol blended gasoline or biodiesel fuel to a purchaser shall provide the purchaser with a statement indicating the actual volume percentage present. The statement may be on the sales slip provided or a similar document such as a bill of lading or invoice. This statement shall include the specific amount of biodiesel, even if the amount of renewable fuel is 5 percent or less.

This rule is intended to implement Iowa Code sections 214A.3, 214A.16 and 215.18.

Iowa Admin. Code r. 21-85.29

Rescinded IAB 3/31/04, effective 5/5/04.

Adopted by IAB December 13, 2023/Volume XLVI, Number 12, effective 1/17/2024