2003 Regular Session
By: Representative Whittington, Coleman (29th), Espy, Fleming, Henderson, Holloway, Huddleston, Mayo, Middleton, Perkins, Reynolds, Straughter, Thomas
AN ACT TO AMEND SECTION 75-55-9, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT GASOLINE PUMPS CONTAINING ETHANOL OR ALCOHOL BLENDED FUEL DISPLAY CERTAIN LABELS OR SIGNS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 75-55-9, Mississippi Code of 1972, is amended as follows:
75-55-9. Any person selling at retail gasoline, * * * diesel fuel or kerosene, as defined in this chapter, shall at all times display signs as herein defined:
(a) All pumps and dispensing equipment for gasoline, * * * diesel fuel or kerosene shall be marked conspicuously to show the total price per gallon of gasoline, * * * diesel fuel or kerosene offered for sale, in figures of equal size and where fractional cents or figures are used therein, the combined height and width of the numerator and denominator shall be equal to the height and width of the other figures used. Provided, however, that any sign provided by the manufacturer of the retail pump or dispensing equipment which shows the total price per gallon and is part of the computing mechanism of such pumps and dispensing equipment shall be considered as being in compliance with this subsection.
(b) All signs placed on the premises of any service station and any highway, road, street or alley leading thereto advertising the price per gallon of gasoline, * * * diesel fuel or kerosene offered for sale, shall show the registered brand name and total price in figures of equal size, and where fractional figures are used therein, the width of the numerator and denominator of the fraction shall be equal to one-third (1/3) of the width of the other figures, but the combined height of the numerator and denominator shall be the same as that of the other figures. Where a decimal is used, then the fraction shall be at least one-half (1/2) the height of the other figures used in the sign, and the fraction shall be at least one-third (1/3) of the width of the other figures used in the sign. All figures and fractional figures shall be painted the same color as the other figures used in the sign. The total price per gallon on signs located on all premises of any service station and on highways, roads, streets or alleys leading to the service station shall be in agreement as to the total price per gallon shown on the retail pump dispensing the same brand of gasoline, * * * diesel fuel or kerosene as that being so advertised. All signs advertising the price per gallon of gasoline, * * * diesel fuel or kerosene offered for sale through self-service operated pumps at retail service stations shall clearly indicate that the posted price per gallon and brand is offered for sale through self-service pumps.
(c) Containers of gasoline below fifty (50) gallons capacity, or any product flashing below one hundred (100) degrees Fahrenheit, shall be painted red; provided that containers, not of metal and of a capacity of one (1) gallon or less, may carry a red label designating the product.
(d) All filler pipes for petroleum bulk storage tanks and retail station storage tanks shall be identified by painting a sign on the intake pipe cap or within six (6) inches thereof in lettering not less than two (2) inches in height and not less than one-fourth (1/4) inch in width the following: for premium gasoline * * *, the letter "P"; for regular leaded grade gasoline * * *, the letter "R"; for third grade gasoline, the letters "3G"; for unleaded gasoline * * *, the letters "UG"; for diesel fuel, the letter "D"; for kerosene, the letter "K"; for lubricating oil, the letters "LO"; for tractor fuel, the letters "TF"; the letter "S" for solvent; the letter "N" for naphtha; and for any other petroleum product classified as an oil not specifically specified in this subsection, the word "oil." In addition to existing requirements, all filler pipes for bulk and retail station tanks used for the storage of nonleaded gasoline shall be further identified as follows: for nonleaded premium gasoline, the letters "NLP"; and for nonleaded regular grade gasoline, the letters "NLR". Such lettering shall be painted on the intake pipe cap or within six (6) inches thereof, and shall be not less than two (2) inches in height and not less than one-fourth (1/4) inch in width. Nothing in this subsection shall apply to bulk storage tanks located at marine or pipeline terminals, nor bulk storage tanks used for the storage of liquefied compressed gas, nor prohibit "color coding" in addition to the lettering, where desired.
SECTION 2. This act shall take effect and be in force from and after July 1, 2003.