Section 20-673.1. Sale of unleaded gasoline

a. Definitions. For purposes of
  this section, the following terms shall have the following meanings:
    1. "Distributor" shall mean any person who  transports  or  stores  or
  causes  the  transportation  or storage of gasoline at any point between
  any plant at which  gasoline  is  produced  and  any  retail  outlet  or
  facility of a wholesale purchaser-consumer.
    2.  "Gasoline"  shall mean any fuel sold for use in motor vehicles and
  motor vehicle engines, and commonly or commercially  known  or  sold  as
  gasoline.
    3.  "Lead  additive"  shall mean any substance containing lead or lead
  compounds.
    4. "Leaded gasoline" shall mean gasoline which is  produced  with  the
  use of any lead additive or which contains more than five one hundredths
  of a gram of lead per gallon or more than five one thousandths of a gram
  of phosphorus per gallon.
    5.  "Refiner"  shall  mean  any  person  who  owns,  leases, operates,
  controls or supervises a plant at which gasoline is produced.
    6. "Reseller" shall mean any person who purchases gasoline  identified
  by  the corporate, trade or brand name of a refiner from such refiner or
  a distributor and resells or transfers  it  to  retailers  or  wholesale
  purchaser-consumers  displaying the refiner's brand, and whose assets or
  facilities are not substantially owned, leased  or  controlled  by  such
  refiner.
    7.  "Retail  outlet" shall mean any establishment at which gasoline is
  sold or offered for sale for use in motor vehicles.
    8. "Retailer" shall  mean  any  person  who  owns,  leases,  operates,
  controls, or supervises a retail outlet.
    9.  "Unleaded  gasoline" shall mean gasoline which is produced without
  the use of any lead additive and which contains not more than  five  one
  hundredths  of  a  gram  of  lead  per gallon and not more than five one
  thousandths of a gram of phosphorus per gallon.
    10. "Wholesale purchaser-consumer" shall mean any organization that is
  an ultimate consumer of gasoline and which purchases or obtains gasoline
  from a supplier for use in motor vehicles and receives delivery of  that
  product  into  a  storage  tank  of  at  least five hundred fifty gallon
  capacity substantially under the control of that organization.
    b. No distributor shall sell or transfer  to  any  other  distributor,
  retailer   or   wholesale   purchaser-consumer  any  gasoline  which  is
  represented to be  unleaded  unless  such  gasoline  meets  the  defined
  requirements  for  unleaded  gasoline set forth in subdivision a of this
  section.
    c. No retailer or employee or agent of a retailer,  and  no  wholesale
  purchaser-consumer    or    employee    or    agent   of   a   wholesale
  purchaser-consumer, shall sell, dispense  or  offer  for  sale  gasoline
  represented  to  be  unleaded  unless  such  gasoline  meets the defined
  requirements for unleaded gasoline set forth in subdivision  a  of  this
  section.
    d. Every retailer and wholesale purchaser-consumer shall affix to each
  gasoline  pump  stand  in  a location so as to be readily visible to the
  employees of such retailer or wholesale purchaser-consumer and to person
  operating motor vehicles into  which  gasoline  is  to  be  dispensed  a
  permanent  legible  label  as  follows:  (i)  for  gasoline  pump stands
  containing pumps  for  introduction  of  unleaded  gasoline  into  motor
  vehicles,  the  label  shall  state:  "Unleaded  gasoline"; and (ii) for
  gasoline  pump  stands  containing  pumps  for  introduction  of  leaded
  gasoline  into  motor  vehicles,  the  label shall state: "Contains lead
  anti-knock compounds"; provided, however, that where more than one grade

  of unleaded gasoline is offered for sale at a retail outlet,  compliance
  with this subdivision is required for only one grade.
    e. Notwithstanding any other provisions of law to the contrary, in any
  proceeding to adjudicate a violation of subdivision d of this section, a
  retailer  or  wholesale purchaser-consumer may be found not to be liable
  for violation thereof where it is shown that  more  than  one  grade  of
  gasoline  is  dispensed  from  a  gasoline  pump or pump stand and it is
  demonstrated to the satisfaction of the commissioner that an alternative
  system of labeling furthers the objectives of such subdivision.
    f. Any violation of subdivision c of this section  by  a  retailer  or
  wholesale purchaser-consumer shall also be deemed a violation by:
    (1)  the reseller, if any, and the refiner, where the corporate, trade
  or brand name of such refiner  or  any  of  its  marketing  subsidiaries
  appears  on  the  pump  stand  or  is  displayed at the retail outlet or
  wholesale purchaser-consumer facility from which the gasoline was  sold,
  dispensed  or  offered  for sale. Except as provided in subdivision g of
  this section, the refiner shall be deemed in violation of subdivision  c
  of  this section irrespective of whether any other refiner, distributor,
  retailer or wholesale purchaser-consumer may have  caused  or  permitted
  the violation; or
    (2)   the   distributor   who   sold   such   retailer   or  wholesale
  purchaser-consumer gasoline contained in the storage tank which supplied
  the pump from which the gasoline was sold, dispensed or offered for sale
  which gave rise to the violation, where the corporate,  trade  or  brand
  name  of  a refiner or any of its marketing subsidiaries does not appear
  on the pump stand and is not displayed at the retail outlet or wholesale
  purchaser-consumer facility from which the gasoline was sold,  dispensed
  or offered for sale.
    g. (1) In any case in which a retailer or wholesale purchaser-consumer
  and  any  refiner  or  distributor would be in violation or be deemed in
  violation of subdivision c of this section, the  retailer  or  wholesale
  purchaser-consumer shall not be liable if he or she can demonstrate that
  the   violation   was   not   caused   by  such  retailer  or  wholesale
  purchaser-consumer or his or her employee or agent.
    (2) In any case in which a retailer  or  wholesale  purchaser-consumer
  would  be in violation of subdivision c of this section, and a reseller,
  if any, and any refiner would be deemed in violation under paragraph one
  of subdivision f of this section, the refiner shall  not  be  deemed  in
  violation if he or she can demonstrate:
    (a)  that  the  violation was not caused by such refiner or his or her
  employee or agent, and
    (b) that the violation was caused by an act in violation of  any  law,
  other  than  the  provisions  of  this  section,  or an act of sabotage,
  vandalism, or deliberate commingling of leaded  and  unleaded  gasoline,
  whether or not such acts are violations of law in the jurisdiction where
  the violation of the requirements of this section occurred, or
    (c)  that  the  violation  was caused by the action of a reseller or a
  retailer supplied by  such  reseller,  in  violation  of  a  contractual
  undertaking  imposed by the refiner on such reseller designed to prevent
  such action, and despite reasonable efforts by  the  refiner  to  insure
  compliance  with such contractual obligation, such as periodic sampling,
  or
    (d) that the violation was caused by the action of a retailer  who  is
  supplied  directly by the refiner and not by a reseller, in violation of
  a contractual undertaking  imposed  by  the  refiner  on  such  retailer
  designed  to  prevent such action, and despite reasonable efforts by the
  refiner to insure compliance with such contractual obligation,  such  as
  periodic sampling, or

    (e)  that  the  violation  was  caused  by the action of a distributor
  subject to a contract with the refiner for  transportation  of  gasoline
  from    a   terminal   to   a   distributor,   retailer   or   wholesale
  purchaser-consumer, in violation of a contractual undertaking imposed by
  the  refiner  on  such  distributor designed to prevent such action, and
  despite reasonable efforts by the refiner to insure compliance with such
  contractual obligation, such as periodic sampling, or
    (f) that the violation was caused by a distributor (such as  a  common
  carrier)  not  subject to a contract with the refiner but engaged by him
  or her for transportation of gasoline from a terminal to a  distributor,
  retailer  or wholesale purchaser-consumer, despite reasonable efforts by
  the refiner to prevent such action, such as specification or  inspection
  of equipment, or
    (g)  that  the  violation  occurred  at a wholesale purchaser-consumer
  facility; provided, however, that if such  wholesale  purchaser-consumer
  was  supplied  by  a  reseller,  the  refiner  must demonstrate that the
  violation could not have been prevented by  such  reseller's  compliance
  with  a  contractual undertaking imposed by the refiner on such reseller
  as provided in subparagraph c of this paragraph.
    (h) For purposes of subparagraphs (b) through (f) of  this  paragraph,
  the  term  "was  caused"  means  that  the  refiner  must demonstrate by
  reasonably specific showings by direct or circumstantial  evidence  that
  the violation was caused or must have been caused by another.
    (3)  In  any  case in which a retailer or wholesale purchaser-consumer
  would be in violation of subdivision c of this section, and  a  reseller
  and  any  refiner  would  be  deemed in violation under paragraph one of
  subdivision f of this section, the  reseller  shall  not  be  deemed  in
  violation if he or she can demonstrate that the violation was not caused
  by such reseller or his or her employee or agent.
    (4)  In  any  case in which a retailer or wholesale purchaser-consumer
  would be in  violation  of  subdivision  c  of  this  section,  and  any
  distributor  would  be  deemed  in  violation  under  paragraph  two  of
  subdivision f of this section, the distributor will  not  be  deemed  in
  violation if he or she can demonstrate that the violation was not caused
  by such distributor or his or her employee or agent.