Act No. 469

Public Acts of 2012

Approved by the Governor

December 22, 2012

Filed with the Secretary of State

December 27, 2012

EFFECTIVE DATE: March 28, 2013

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2012

Introduced by Rep. Daley

ENROLLED HOUSE BILL No. 5852

AN ACT to amend 1964 PA 283, entitled “An act to regulate and provide standards for weights and measures, and the packaging and advertising of certain commodities; to provide for a state director and other officials and to prescribe their powers and duties; to provide a fee system for certain inspections and tests; to provide penalties for fraud and deception in the use of false weights and measures and other violations; and to repeal certain acts and parts of acts,” by amending section 28e (MCL 290.628e), as added by 2012 PA 254.

The People of the State of Michigan enact:

Sec. 28e. (1) Beginning July 2, 2013, if motor fuel is sold at a roadside retail location, the roadside advertising shall comply with all of the following:

(a) The price advertised shall be clearly and completely posted in full, including any fractional prices, to the tenth of a cent.

(b) The price advertised shall include the grade of fuel being sold, with the following abbreviations allowed:

(i) Regular gasoline: “Regular”, “Reg.”, or “Reg,”.

(ii) Midgrade gasoline: “Midgrade”, “Mid.”, or “Mid,”.

(iii) Premium gasoline: “Premium”, “Prem.”, or “Prem,”.

(iv) Diesel fuel: “Diesel”, “Dsl.”, or “Dsl,”.

(v) Kerosene fuel: “Kerosene”, “Ker.”, or “Ker,”.

(vi) E85 fuel ethanol: “E85”.

(c) All prices shall be capable of being displayed at the pump, but only the unit price of the selected product shall be displayed during the transaction. All indications on the pump display shall calculate the correct total price of the purchase.

(d) Subject to subsection (3), if the advertised price of the motor fuel is subject to 1 or more conditions for sale at that price, other than payment by cash or credit card, the retailer shall post the conditions immediately adjacent to the sales price with equal illumination in lettering of the same style and of at least 1/2 the size that is used to post the sale price.

(e) If the unit price for the same grade of motor fuel differs, and the sign will not accommodate displaying all prices in lettering of the same style and size, the highest price shall be displayed in lettering using the largest size of the prices that are displayed.

(2) Subsection (1)(b) does not preclude the owner or operator of a business selling motor fuel at a roadside retail location from using a proprietary fuel name.

(3) Beginning July 2, 2017, the requirement of subsection (1)(d) also applies to conditions regarding payment by cash or credit card.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor