323A.2A - PURCHASE OF E-85 GASOLINE FROM OTHER SOURCE.
323A.2A PURCHASE OF E-85 GASOLINE FROM OTHER SOURCE. 1. a. When on and after May 30, 2006, a franchise is entered into or renewed, the franchisor shall provide for the delivery of volumes of E-85 gasoline at times demanded by the franchisee or shall allow the franchisee to purchase those volumes of E-85 gasoline at those times from another source. b. If a franchise is in effect on May 30, 2006, and does not have an expiration date, the franchisor shall provide for the delivery of volumes of E-85 gasoline at times demanded by the franchisee or shall allow the franchisee to purchase those volumes of E-85 gasoline at those times from another source. 2. If the franchisee sells E-85 gasoline delivered from a source other than the franchisor, the franchisee shall prominently post a sign disclosing this fact to the public on each motor fuel pump used for dispensing the E-85 gasoline. The size of the sign shall not be less than eight inches by ten inches and the letters on the sign shall be at least three inches in height. 3. A franchisee who sells E-85 gasoline delivered from a source other than the franchisor shall also fully indemnify the franchisor against any claims asserted by a user on which the claimant prevails and in which the court determines that E-85 gasoline not acquired from the franchisor was the proximate cause of the injury. 4. a. A purchase of E-85 gasoline in accordance with this section is not good cause for the termination of a franchise. b. A term of a franchise that is inconsistent with this section is void and unenforceable.
Section History: Recent Form 2006 Acts, ch 1142, §24, 27 Referred to in § 323A.2