§ 40-10-127 — Sale of gasoline and distillates on other than gross volume basis unlawful; exception; "sale" defined

(a) Except as provided in subsection (b) of this section,
the sale of gasoline and distillates, excluding liquified
petroleum gas, on a temperature corrected basis or on any basis
other than the gross volume of gasoline or distillate actually
delivered is unlawful. Any contract in violation of this section
shall be unenforceable to the extent of the violation.
(b) Sellers of motor fuel within this state shall offer to
prospective purchasers the option to buy the product either by
gross gallons or on the assumption that the temperature of the
product is sixty degrees Fahrenheit (60S F) or the centigrade
equivalent. This purchaser option may be exercised only on an
annual basis and applied only to single deliveries of seven
thousand five hundred (7,500) gallons or more or the metric
equivalent. Any adjustments to volumes during the temperature
compensation process shall be made in accordance with the
standards set by the American Society of Testing Materials.
(c) For purposes of this act, "sale" does not include the
exchange of gasoline or distillate between refiners or
transporters of petroleum or petroleum products.