37-2-35. Certain contract restrictions on the sale of renewable motor fuels prohibited.No franchise-related document entered into or renewed on or after July 1, 2008 may contain any provision allowing a franchisor to restrict the franchisee or any affiliate of the franchisee from:(1)Installing on the marketing premises of the franchisee a renewable fuel pump or tank, except that the franchisee's franchisor may restrict the installation of a tank on leased marketing premises of the franchisor;(2)Converting an existing tank or pump on the marketing premises of the franchisee for renewable fuel use;(3)Advertising the sale of any renewable fuel, including through the use of signage;(4)Selling renewable fuel in any specified area on the marketing premises of the franchisee, including any area in which a name or logo of a franchisor or any other entity appears;(5)Purchasing renewable fuel from sources other than the franchisor if the franchisor does not offer its own renewable fuel for sale by the franchisee;(6)Listing renewable fuel availability or prices, including on service station signs, fuel dispensers, or light poles; (7)Allowing for payment of renewable fuel with any form of ale by the franchisee;(6)Listing renewable fuel availability or prices, including on service station signs, fuel dispensers, or light poles; (7)Allowing for payment of renewable fuel with any form of payment available for any other type of fuel;(8)Installing on the marketing premises of the franchisee an ethanol blender pump as defined in §37-2-34.1; or(9)Using any pump to dispense a specified ethanol blend or range of blends, if the pump is approved by the authority having jurisdiction, as defined in §34-38-23, for dispensing the specified ethanol blend or range of blends.Nothing in this section authorizes any activity that constitutes mislabeling, misbranding, willful adulteration, or other trademark violations by the franchisee. Source: SL 2008, ch 201, §2; SL 2011, ch 188, §2.
South Dakota Legal Code