Georgia Department of Agriculture

Notice of Intent to Consider the Adoption of Amendments to the Rules relating to advertising for petroleum products, specifically Rule 40-20-1-.12.

TO ALL INTERESTED PERSONS AND PARTIES:

Notice is hereby given that the Georgia Department of Agriculture will hold public hearings on April 17, 2012, at 10 a.m. in Room 201 of the Agriculture Building, 19 Martin Luther King, Jr. Drive, Atlanta, Georgia 30334 and on April 19, 2012, at 1 p.m. at the State Farmers Market in Savannah, GA.  Such hearings will be for the purpose of considering the adoption of amendments to the Rules of the Department relating to Petroleum Products promulgated pursuant Part 1 Petroleum Products Act of 1927, as amended, O.C.G.A. § 10-1-155.

SYNOPSIS, MAIN FEATURES AND DIFFERENCES:

It is proposed to amend Rule 40-20-1-.12, relating to the advertised price for petroleum products, to establish specific methods that stations are to use when advertising petroleum products. The proposed rule change would amend sections (c) and (d) of the current rule and add new subsections (e) and (f) to address advertising regulations and restrictions.

Current rule 40-20-1-.12(c) allows only prices that are available at the time of purchase to be posted on highway, street, and curb signs.  The Department is proposing to amend this Rule to require that if prices are advertised and different prices are available for the same product, the higher price must be posted.  The lower price may also be posted, but the qualifier for both prices must be clearly identified and visible from the street.

The proposed rule change would also amend 40-20-1-.12(d) to provide for a notice of explanation, posted in a manner which is clearly visible and easily readable from either side of the dispenser at the point of sale, if the lower advertised price is not immediately available to all consumers at the time of purchase.  The current rule requiring discounted prices to be posted on ancillary signs such as placards, banners, stickers, etc. would be deleted.

The proposed rule adds subsections (e) and (f), which requires compliance of this regulation within 90 days from the date that it becomes effective.  Failure to comply with this regulation may result in a civil penalty as provided by the Official Code of Georgia Annotated Section 10-1-165.

Interested persons may call to request a copy of the proposed rules or may submit written request to:
Mr. Rich Lewis, Director
Fuels & Measures Division
Georgia Department of Agriculture
19 Martin Luther King, Jr. Drive, Room 321
Atlanta, Georgia 30334
Telephone Number: 404-656-3605
FAX Number: 404-656-9380

Please submit written comments to the above address or fax.  Written comments must be received no later than the close of business (4:30 p.m. EDT) on April 16, 2012. All comments will be considered on April 20, 2012.  You may download a copy of the the proposed rules from the Related Links section to the right.

This notice is given in compliance with the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-4.

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