Ga Dept 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

Tuesday, July 12, 2011


Notice is hereby given that the Georgia Department of Agriculture will hold a public hearing on September 14, 2011, at 10 a.m. in Room 201 of the Agriculture Building, 19 Martin Luther King, Jr. Drive, Atlanta, Georgia 30334.  Such hearing 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. 


It is proposed to update 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. Currently, the Rule allows the Department to write and publish guidelines relating to the implementation of marketing policies or procedures regarding the advertising of petroleum products.  The proposed rule change would delete this provision and add new subsections (c) and (d) to address advertising regulations and restrictions. 

The Department is proposing to amend Rule 40-20-1-.12(c).  This rule would not require advertising of prices on a highway, street or curb sign.  However, if prices are advertised, only the cash/credit prices available to all consumers at the time of purchase shall be posted.  

The proposed rule would also add 40-20-1-.12(d), relating to discounted pricing.  The new rule would allow for the advertising of any discounted pricing structure to be done on ancillary signage only, which would include, but not be limited to, placards, banners, stickers, etc., on or off the property of the retail outlet or at the pump.  Further, the proposed rule would require that if discounts are offered, they must be advertised to show the cents per gallon discount only and be accompanied with proper qualifying language.          

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 September 13, 2011.  All comments will be considered on September 14, 2011.  You may download a copy of the synopsis and the proposed rules below.

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