---
kind: "section"
citation: "15 U.S.C. § 2801"
title: "15"
title_heading: "Commerce and Trade"
number: "2801"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2801"
units:
  - "Chapter 55 — Petroleum Marketing Practices"
  - "Subchapter I — Franchise Protection"
---

# §2801. Definitions


As used in this subchapter:

- (1)
  - (A) The term “franchise” means any [contract](#10)—
    - (i) between a [refiner](#5) and a [distributor](#6),
    - (ii) between a [refiner](#5) and a [retailer](#7),
    - (iii) between a [distributor](#6) and another [distributor](#6), or
    - (iv) between a [distributor](#6) and a [retailer](#7),

    under which a [refiner](#5) or [distributor](#6) (as the case may be) authorizes or permits a [retailer](#7) or [distributor](#6) to use, in connection with the sale, consignment, or distribution of [motor fuel](#12), a [trademark](#11) which is owned or controlled by such [refiner](#5) or by a [refiner](#5) which supplies [motor fuel](#12) to the [distributor](#6) which authorizes or permits such use.

  - (B) The term “[franchise](#1-A)” includes—
    - (i) any [contract](#10) under which a [retailer](#7) or [distributor](#6) (as the case may be) is authorized or permitted to occupy [leased marketing premises](#9), which premises are to be employed in connection with the sale, consignment, or distribution of [motor fuel](#12) under a [trademark](#11) which is owned or controlled by such [refiner](#5) or by a [refiner](#5) which supplies [motor fuel](#12) to the [distributor](#6) which authorizes or permits such occupancy;
    - (ii) any [contract](#10) pertaining to the supply of [motor fuel](#12) which is to be sold, consigned or distributed—
      - (I) under a [trademark](#11) owned or controlled by a [refiner](#5); or
      - (II) under a [contract](#10) which has existed continuously since May 15, 1973, and pursuant to which, on May 15, 1973, [motor fuel](#12) was sold, consigned or distributed under a [trademark](#11) owned or controlled on such date by a [refiner](#5); and
    - (iii) the unexpired portion of any [franchise](#1-A), as defined by the preceding provisions of this paragraph, which is transferred or assigned as authorized by the provisions of such [franchise](#1-A) or by any applicable provision of [State](#19) law which permits such transfer or assignment without regard to any provision of the [franchise](#1-A).
- (2) The term “franchise relationship” means the respective [motor fuel](#12) marketing or distribution obligations and responsibilities of a [franchisor](#3) and a [franchisee](#4) which result from the marketing of [motor fuel](#12) under a [franchise](#1-A).
- (3) The term “franchisor” means a [refiner](#5) or [distributor](#6) (as the case may be) who authorizes or permits, under a [franchise](#1-A), a [retailer](#7) or [distributor](#6) to use a [trademark](#11) in connection with the sale, consignment, or distribution of [motor fuel](#12).
- (4) The term “franchisee” means a [retailer](#7) or [distributor](#6) (as the case may be) who is authorized or permitted, under a [franchise](#1-A), to use a [trademark](#11) in connection with the sale, consignment, or distribution of [motor fuel](#12).
- (5) The term “refiner” means any [person](/usc/15/7a.md?p=6) engaged in the refining of crude oil to produce [motor fuel](#12), and includes any [affiliate](#15) of such [person](/usc/15/7a.md?p=6).
- (6) The term “distributor” means any [person](/usc/15/7a.md?p=6), including any [affiliate](#15) of such [person](/usc/15/7a.md?p=6), who—
  - (A) purchases [motor fuel](#12) for sale, consignment, or distribution to another; or
  - (B) receives [motor fuel](#12) on consignment for consignment or distribution to his own [motor fuel](#12) accounts or to accounts of his supplier, but shall not include a [person](/usc/15/7a.md?p=6) who is an employee of, or merely serves as a common carrier providing transportation service for, such supplier.
- (7) The term “retailer” means any [person](/usc/15/7a.md?p=6) who purchases [motor fuel](#12) for sale to the general public for ultimate consumption.
- (8) The term “marketing premises” means, in the case of any [franchise](#1-A), premises which, under such [franchise](#1-A), are to be employed by the [franchisee](#4) in connection with sale, consignment, or distribution of [motor fuel](#12).
- (9) The term “leased marketing premises” means [marketing premises](#8) owned, leased, or in any way controlled by a [franchisor](#3) and which the [franchisee](#4) is authorized or permitted, under the [franchise](#1-A), to employ in connection with the sale, consignment, or distribution of [motor fuel](#12).
- (10) The term “contract” means any oral or written [agreement](/usc/15/7a.md?p=2). For supply purposes, delivery levels during the same month of the previous year shall be prima facie evidence of an [agreement](/usc/15/7a.md?p=2) to deliver such levels.
- (11) The term “trademark” means any trademark, trade name, service mark, or other identifying symbol or name.
- (12) The term “motor fuel” means gasoline and diesel fuel of a type distributed for use as a fuel in self-propelled vehicles designed primarily for use on public streets, roads, and highways.
- (13) The term “failure” does not include—
  - (A) any [failure](#13) which is only technical or unimportant to the [franchise relationship](#2);
  - (B) any [failure](#13) for a cause beyond the reasonable control of the [franchisee](#4); or
  - (C) any [failure](#13) based on a provision of the [franchise](#1-A) which is illegal or unenforceable under the law of any [State](#19) (or subdivision thereof).
- (14) The terms “fail to renew” and “nonrenewal” mean, with respect to any [franchise relationship](#2), a [failure](#13) to reinstate, continue, or extend the [franchise relationship](#2)—
  - (A) at the conclusion of the term, or on the expiration date, stated in the relevant [franchise](#1-A);
  - (B) at any time, in the case of the relevant [franchise](#1-A) which does not [state](#19) a term of duration or an expiration date; or
  - (C) following a [termination](#17) (on or after June 19, 1978) of the relevant [franchise](#1-A) which was entered into prior to June 19, 1978, and has not been renewed after such date.
- (15) The term “affiliate” means any [person](/usc/15/7a.md?p=6) who (other than by means of a [franchise](#1-A)) controls, is controlled by, or is under common control with, any other [person](/usc/15/7a.md?p=6).
- (16) The term “relevant geographic market area” includes a [State](#19) or a standard metropolitan statistical area as periodically established by the Office of Management and Budget.
- (17) The term “termination” includes cancellation.
- (18) The term “commerce” means any trade, traffic, transportation, exchange, or other commerce—
  - (A) between any [State](#19) and any place outside of such [State](#19); or
  - (B) which affects any trade, transportation, exchange, or other [commerce](#18) described in [subparagraph (A)](#18-A).
- (19) The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States.

## Source credit

(Pub. L. 95–297, title I, § 101, June 19, 1978, 92 Stat. 322; Pub. L. 103–371, § 6, Oct. 19, 1994, 108 Stat. 3486; Pub. L. 110–140, title II, § 241(c)(1), Dec. 19, 2007, 121 Stat. 1540.)

## Notes

### Editorial Notes

### Amendments

2007—Par. (13)(C). Pub. L. 110–140 aligned margins.

1994—Par. (13)(C). Pub. L. 103–371 added subpar. (C).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2007 Amendment

Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

### Short Title of 1994 Amendment

Pub. L. 103–371, § 1, Oct. 19, 1994, 108 Stat. 3484, provided that: “This Act [amending this section and sections 2802, 2805, and 2806 of this title] may be cited as the ‘Petroleum Marketing Practices Act Amendments of 1994’.”

### Short Title

Pub. L. 95–297, § 1, June 19, 1978, 92 Stat. 322, provided: “That this Act [enacting this chapter and provisions set out as a note under section 2822 of this title] may be cited as the ‘Petroleum Marketing Practices Act’.”