No supplier of gasoline shall prohibit or prevent a wholesaler or retailer of gasoline from selling oxygenated fuels at a location owned by the wholesaler or retailer, provided that:
A. a wholesaler or retailer shall not represent any oxygenated fuel as the branded product of the supplier without the consent of the supplier and shall sell and represent such oxygenated fuels in a manner not inconsistent with reasonable and material terms and conditions in any contract with the supplier and in conformity with the provisions of the Petroleum Marketing Practices Act, 15 U.S.C. 2801 et seq. However, no contractual term or condition shall be construed to prohibit or prevent the blending of oxygenates with gasoline by the wholesaler or retailer; and
B. any supplier who furnishes during any month fifty percent or more of its gasoline sold in New Mexico in such manner and form that any oxygenate can be added by the wholesaler or retailer is exempt from the requirements of this section during each such month.
History: 1978 Comp., § 57-19A-1, enacted by Laws 1987, ch. 91, § 1.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — Laws 1988, ch. 15, § 2, effective February 25, 1988, repealed Laws 1987, ch. 91, § 3, which repealed this section effective July 1, 1989.
Although Laws 1987, ch. 91, § 1 codified this section in Article 19A, this section was recompiled in Article 19 as a more logical location.
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