Section 465.30  Petroleum Products

a)         It shall be an unfair or deceptive act or practice, during any market emergency, for any petroleum-related business to sell or offer to sell any petroleum product for an amount that represents an unconscionably high price.

b)         A price is unconscionably high if:

1)         the amount charged represents a gross disparity between the price of the petroleum product and:

A)        the price at which the same product was sold or offered for sale by the petroleum-related business in the usual course of business immediately prior to the onset of the market emergency, or

B)        the price at which the same or similar petroleum product is readily obtainable by other buyers in the trade area; and

2)         the disparity is not substantially attributable to increased prices charged by the petroleum-related business suppliers or increased costs due to an abnormal market disruption.

c)         There is a rebuttable presumption that a market emergency lasts for 45 days from the occurrence of the market disruption or other event that constitutes the market emergency.