N.J. Admin. Code § 18:19-2.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 18:19-2.7 - Posted prices and brand names; cash discounts; diesel fuel

(a) Except as provided in this section, the provisions of 18:19-2.1 through 2.5, as they relate to posted prices and brand names, are deemed to apply in a uniform and consistent manner to each motor fuel product as such products are identified by the supplier's invoice at the time of the purchase.

(b) A retail dealer may sell similar fuels at different prices to cash and credit customers, and the price posted on top of the pump and on the pump meter shall be the credit purchase price. A conspicuous sign shall also be displayed at the pump or at the island posting the price per gallon (or per gallon and per liter) reduction for cash purchases of fuels. At his or her option, a dealer may also meet the cash/credit price posting requirement with a pump top split sign pursuant to 18:19-2.1(c) showing the cash price per gallon on the top half of the sign and the credit price per gallon on the bottom half of the sign having the same background colors (see 18:19-2.1(c)1ii). If the dealer offers the same price for cash and credit customers, the dealer may substitute a message in words for one row of digits. The message would state that the same price applies for cash and credit sales. If the dealer elects to offer an island dedicated exclusively to cash sales, the price posted on top of the pumps and the pump meters at the dedicated island shall be the cash purchase price.

(c) In the case of computerized electronic pumps equipped with customer select devices, the price posting requirements for the pump meter shall be satisfied if alternative cash and credit prices for the product are clearly visible to the motorist on the face of the pump prior to the selection of cash or credit payment mode and where the motorist's selection is identified during the operation of the pump for the motorist.

(d) A retail dealer selling diesel fuel may elect to sell such fuel at different prices from pumps dedicated to self-service and from pumps where attendant service is available. The price posted on top of the pump and on the pump meter shall be the price at which such fuel is sold from that pump.

1. If, in addition, the seller of fuels elects to offer a cash discount for sales of diesel fuel, then the price at the pump and on the pump meter shall be the credit price, and notice shall be placed on the face of the pump of the price per gallon (or per gallon and per liter) reduction for cash.

2. A retail dealer electing to dedicate an island to cash sales may sell diesel fuel self-service from that island provided that the cash price is posted on top of the pump and on the pump meter.

3. If there is a sign indicating that diesel fuel will be dispensed self-service from a pump or dispensing device, the sign must include in letters of at least the same size, the words, "DIESEL ONLY".

(e) The retail dealer shall display in clear view in a portion of the premises accessible to the public a listing of all fuel prices available at such facility.

N.J. Admin. Code § 18:19-2.7

Amended by 50 N.J.R. 1102(b), effective 4/2/2018