octane testing and disclosure requirements

octane testing and disclosure requirements Sec. 202. (a) Each refiner who distributes automotive gasoline in commerce shall— (1) determine the octane rating of any such gasoline; and (2) if such refiner distributes such gasoline to any person other than the ultimate purchaser, certify, consistent with the determination made under paragraph (1), the octane rating of such gasoline. (b) Each distributor who receives automotive gasoline, the octane rating of which is certified to him under this section, and distributes such gasoline in commerce to another person other than the ultimate purchaser shall certify to such other person the octane rating of such gasoline consistent with— (1) the octane rating of such gasoline certified to such distributor; or (2) if such distributor elects (at such time and in such manner as the Federal Trade Commission may, by rule, prescribe), the octane rating of such gasoline determined by such distributor. (c) Each gasoline retailer shall display in a clear and conspicuous manner, at the point of sale to ultimate purchasers of automotive gasoline, the octane rating of such gasoline, which octane rating shall be consistent with— (1) the octane rating of such gasoline certified to such retailer under subsection (a)(2) or (b); (2) if such gasoline retailer elects (at such time and in such manner as the Federal Trade Commission may, by rule, prescribe), the octane rating of such gasoline determined by such retailer for such gasoline; or (3) if such gasoline retailer is a refiner, the octane rating of such gasoline determined under subsection (a)(1). (d) The Federal Trade Commission shall, by rule, prescribe requirements, applicable to any manufacturer of new motor vehicles, with 92 STAT. 335respect to the display on each such motor vehicle (or representation in connection with the sale of each such motor vehicle) of the octane requirement of such motor vehicle. (e) No person who distributes automotive gasoline in commerce may make any representation respecting the antiknock characteristics of such gasoline unless such representation fairly discloses the octane rating of such gasoline consistent with such gasoline’s octane rating as certified to or determined by such person under the foregoing provisions of this section. (f) For purposes of this section, the octane rating of any automotive gasoline shall be considered to be certified, displayed, or represented by any person consistent with the rating certified to, or determined by, such person— (1) in the case of automotive gasoline which consists of a blend of two or more quantities of automotive gasoline of differing octane ratings, only if the rating certified, displayed, or represented by such person is the average of the octane ratings of such quantities, weighted by volume; or (2) in the case of gasoline which does not consist, of such a blend, only if the octane rating such person certifies, displays, or represents is the same as the octane rating of such gasoline certified to, or determined by, such person. (g) The foregoing provisions of this section shall not apply— (1) to any representation (by display at the point of sale or by other means) of any characteristics of any automotive gasoline other than its octane rating; or (2) to the identification of automotive gasoline at the point of sale (or elsewhere) by the trademark, trade name, or other identifying symbol or mark used in connection with the sale of such gasoline. (h) Any display or representation, with respect to the octane requirement of any motor vehicle, required to be made under any rule prescribed under subsection (d) shall not create an express or implied warranty under State or Federal law that any automotive gasoline the octane rating of which equals or exceeds such octane requirement— (1) may be used as a fuel in all motor vehicles of the same class as that motor vehicle without knocking; or (2) may be vised as a fuel in such motor vehicle under all operating conditions without knocking.