§ 5-55-5. Unfair practices.
(a) It is unlawful for any refiner, distributor, producer, or transporter of petroleum
products engaged in business in this state, either directly or indirectly, to discriminate
in price between purchasers of petroleum products of similar grade and quality.
(b) Nothing in this section shall prevent differentials that only make allowance for differences
in the cost of manufacture, marketing, transportation, sale, or delivery resulting
from the different methods or quantities in which the commodities are sold and delivered
to the purchasers.
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§ 5-55-5. Unfair practices.
(a) It is unlawful for any refiner, distributor, producer, or transporter of petroleum
products engaged in business in this state, either directly or indirectly, to discriminate
in price between purchasers of petroleum products of similar grade and quality.
(b) Nothing in this section shall prevent differentials that only make allowance for differences
in the cost of manufacture, marketing, transportation, sale, or delivery resulting
from the different methods or quantities in which the commodities are sold and delivered
to the purchasers.
(c) Nothing in this section shall prevent persons engaged in selling goods, wares, or
merchandise in commerce from selecting their own customers in bona fide transactions
and not in restraint of trade.
(d) It is unlawful for any wholesaler or reseller of petroleum products to sell at retail
level for less than four cents (4¢) below his or her wholesale price to wholesale
accounts who resell at retail in the same market area.
(e) Nothing in this section applies to the purchase of petroleum 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, or sales volume at the wholesale level
is fifteen thousand gallons (15,000 gals.) a day or more.