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Half Gallon Pricing: How to Request a Temporary Variance

During the summer of 2005, a small percentage of gasoline retail operators were faced with the challenge of retro fitting their mechanical dispensers such that they could properly display and calculate at prices equal to or greater than $3.00 per gallon. In order to assist during this period of conversion, MDA Weights and Measures temporarily authorized the selling of gasoline by half-gallon pricing. Having received multiple inquiries this year, Weights and Measures will again accept requests to temporarily permit half-gallon pricing until the proper equipment conversions can be completed. While this “Temporary Variance” to the correct method of sale is being allowed in order to prevent any unnecessary disruption of business and/or the creation of any localized supply shortage, it is imperative that the needs of the customer be met in providing clear advertising of the price; unit price; and price calculation in all cases. Failure on the part of the operator to do so may result in harm to their own business, as well as sanctions by MDA.

The following procedure MUST be followed in order to obtain the Variance:

  1. The station owner or other authorized representative must submit a written request for a “Temporary Variance for Half-Gallon Pricing” to MDA Weights and Measures (Send to the Attention of Robert DeRubeis, Weights and Measures Program Manager).

    The request must include:
    • Name and address of the licensed facility.
    • The time frame in which half-gallon pricing will be utilized.
    • The name of the registered service company that will conduct the conversion and the anticipated date of completion.
    • FAX – (517) 655-8303
    • Mailing Address: 940 Venture Lane, Williamston, MI 48895
    • All Variance requests will be reviewed and approved if complete.

  2. The station owner or other authorized representative must notify Weights and Measures of the completion of work and return to gallon pricing.

  3. All roadside advertisement must be posted in a manner that is not deemed deceptive or misleading. Furthermore, there must be sufficient signage at the dispenser(s) themselves to properly notify any potential customer of the temporary implementation of “half-gallon” pricing.

NOTE: Temporary Variances are subject to further review as deemed necessary by Weights and Measures, and any/all consumer complaints will be investigated thoroughly.

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