§ 5-55-5 - Unfair practices.
SECTION 5-55-5
§ 5-55-5 Unfair practices. – (a) It is unlawful for any refiner, distributor, producer, or transporter ofpetroleum products engaged in business in this state, either directly orindirectly, to discriminate in price between purchasers of petroleum productsof similar grade and quality.
(b) Nothing in this section shall prevent differentials whichonly make allowance for differences in the cost of manufacture, marketing,transportation, sale, or delivery resulting from the different methods orquantities in which the commodities are sold and delivered to the purchasers.
(c) Nothing in this section shall prevent persons engaged inselling goods, wares, or merchandise in commerce from selecting their owncustomers in bona fide transactions and not in restraint of trade.
(d) It is unlawful for any wholesaler or reseller ofpetroleum products to sell at retail level for less than four (4) cents belowhis or her wholesale price to wholesale accounts who resell at retail in thesame market area.
(e) Nothing in this section applies to the purchase ofpetroleum products for their own use by state and local agencies.
(f) The provisions of this section only apply to producers,refiners, or wholesalers whose total production, gasoline refining capacity, orsales volume at the wholesale level is fifteen thousand (15,000) gallons a dayor more.