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Temporary Policy Change for Gasoline Pumps That Cannot Display a Price Greater Than $2.99 a Gallon

The Utah Department of Agriculture and Food is temporarily waiving a state fuel dispensing law to allow some stations to sell gasoline by the half-gallon. The policy change applies only to older model gas pumps that are unable to display a unit price greater than $2.99 per gallon on the face of the dispenser.

The State of Utah, Department of Agriculture and Food, will waive the requirement as outlined in Title 4, Chapter 9, Section 5 and specified in the National Institute of Standards and Technology (NIST) Handbook 44, S.1.6.4.1 (a), which states: “A computing device or money-operated device shall be able to display on each face the unit price at which the device is set to compute or to dispense” for a period of six (6) months (September through February).

“Consumers in some areas of the state may encounter gasoline pumps that charge by the half-gallon,” said Deputy Commissioner of Agriculture and Food, Kyle Stephens. “While some operators are granted this waiver, the overall cost per gallon is not changed,” he added.

The UDAF is taking this step to assist station owners as they work to update their equipment.

This temporary policy will include the following criteria:

• Labeling must be adjacent to the price display indicating ½ gallon pricing. Posting must be conspicuously displayed on both sides of each dispenser, in at least 1” lettering. The following language is recommended: “Fuel sale computed at ½ gallon price. Multiply total sale price by 2.”

• Evidence must be sent to the department that parts or replacement devices are on order for the purpose of retrofitting the device to meet the requirements of the higher per gallon pricing.

• If the device owner demonstrates good faith in an effort to obtain upgraded equipment or conversion kits additional time may be allotted.

• All displays on the dispenser including the money-value computation shall remain visible.

• All advertising (i.e. roadside) price signs shall display the full gallon price.

• 9/10 fraction price per gallon will not be allowed with ½ gallon pricing.

If necessary, the extension of this policy will be re-evaluated at the end of the six-month time period.

Posted September 9, 2005
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