---
kind: "section"
citation: "15 U.S.C. § 2822"
title: "15"
title_heading: "Commerce and Trade"
number: "2822"
heading: "Automotive fuel rating testing and disclosure requirements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2822"
units:
  - "Chapter 55 — Petroleum Marketing Practices"
  - "Subchapter II — Octane Disclosure"
---

# §2822. Automotive fuel rating testing and disclosure requirements

- (a) **Determination and certification of automotive fuel rating by refiner distributing automotive fuel—** Each [refiner](/usc/15/2801.md?p=5) who distributes [automotive fuel](/usc/15/2821.md?p=6) in [commerce](/usc/15/2801.md?p=18) shall—
  - (1) determine the [automotive fuel rating](/usc/15/2821.md?p=17) of any such fuel; and
  - (2) if such [refiner](/usc/15/2801.md?p=5) distributes such fuel to any [person](/usc/15/2821.md?p=15) other than the [ultimate purchaser](/usc/15/2821.md?p=9), certify, consistent with the determination made under [paragraph (1)](#a-1), the [automotive fuel rating](/usc/15/2821.md?p=17) of such fuel.
- (b) **Certification of automotive fuel rating by distributor receiving and distributing automotive fuel with certified automotive fuel rating; use of automotive fuel rating for certification by distributor—** Each [distributor](/usc/15/2801.md?p=6) who receives [automotive fuel](/usc/15/2821.md?p=6), the [automotive fuel rating](/usc/15/2821.md?p=17) of which is certified to him under this section, and distributes such fuel in [commerce](/usc/15/2801.md?p=18) to another [person](/usc/15/2821.md?p=15) other than the [ultimate purchaser](/usc/15/2821.md?p=9) shall certify to such other [person](/usc/15/2821.md?p=15) the [automotive fuel rating](/usc/15/2821.md?p=17) of such fuel consistent with—
  - (1) the [automotive fuel rating](/usc/15/2821.md?p=17) of such fuel certified to such [distributor](/usc/15/2801.md?p=6); or
  - (2) if such [distributor](/usc/15/2801.md?p=6) elects (at such time and in such manner as the Federal Trade Commission may, by rule, prescribe), the [automotive fuel rating](/usc/15/2821.md?p=17) of such fuel determined by such [distributor](/usc/15/2801.md?p=6).
- (c) **Display of automotive fuel rating by automotive fuel retailer; use of automotive fuel rating for display—** Each [automotive fuel retailer](/usc/15/2821.md?p=4) shall display in a clear and conspicuous manner, at the point of sale to [ultimate purchasers](/usc/15/2821.md?p=9) of [automotive fuel](/usc/15/2821.md?p=6), the [automotive fuel rating](/usc/15/2821.md?p=17) of such [automotive fuel](/usc/15/2821.md?p=6), which [automotive fuel rating](/usc/15/2821.md?p=17) shall be consistent with—
  - (1) the [automotive fuel rating](/usc/15/2821.md?p=17) of such [automotive fuel](/usc/15/2821.md?p=6) certified to such [retailer](/usc/15/2801.md?p=7) under subsection [(a)(2)](#a-2) or [(b)](#b);
  - (2) if such [automotive fuel retailer](/usc/15/2821.md?p=4) elects (at such time and in such manner as the Federal Trade Commission may, by rule, prescribe), the [automotive fuel rating](/usc/15/2821.md?p=17) of such [automotive fuel](/usc/15/2821.md?p=6) determined by such [retailer](/usc/15/2801.md?p=7) for such [automotive fuel](/usc/15/2821.md?p=6); or
  - (3) if such [automotive fuel retailer](/usc/15/2821.md?p=4) is a [refiner](/usc/15/2801.md?p=5), the [automotive fuel rating](/usc/15/2821.md?p=17) of such [automotive fuel](/usc/15/2821.md?p=6) determined under [subsection (a)(1)](#a-1).
- (d) **Display or representation of automotive fuel requirements for new motor vehicles by manufacturer of such vehicles; promulgation of rules by Federal Trade Commission—** The Federal Trade Commission shall, by rule, prescribe requirements, applicable to any [manufacturer](/usc/15/2821.md?p=10) of [new motor vehicles](/usc/15/2821.md?p=8), with respect to the display on each such [motor vehicle](/usc/15/2821.md?p=7) (or representation in connection with the sale of each such [motor vehicle](/usc/15/2821.md?p=7)) of the [automotive fuel requirement](/usc/15/2821.md?p=11) of such [motor vehicle](/usc/15/2821.md?p=7).
- (e) **Representation of antiknock characteristics of automotive fuel by person distributing automotive fuel; use of automotive fuel rating in representation—** No [person](/usc/15/2821.md?p=15) who distributes [automotive fuel](/usc/15/2821.md?p=6) in [commerce](/usc/15/2801.md?p=18) may make any representation respecting the antiknock characteristics of such fuel unless such representation fairly discloses the [automotive fuel rating](/usc/15/2821.md?p=17) of such fuel consistent with such fuel’s [automotive fuel rating](/usc/15/2821.md?p=17) as certified to or determined by such [person](/usc/15/2821.md?p=15) under the foregoing provisions of this section.
- (f) **Additional statutory considerations respecting certification, display, or representation of automotive fuel rating of automotive fuel—** For purposes of this section, the [automotive fuel rating](/usc/15/2821.md?p=17) of any [automotive fuel](/usc/15/2821.md?p=6) shall be considered to be certified, displayed, or represented by any [person](/usc/15/2821.md?p=15) consistent with the rating certified to, or determined by, such [person](/usc/15/2821.md?p=15)—
  - (1) in the case of [automotive fuel](/usc/15/2821.md?p=6) which consists of a blend of two or more quantities of [automotive fuel](/usc/15/2821.md?p=6) of differing [automotive fuel ratings](/usc/15/2821.md?p=17), only if the rating certified, displayed, or represented by such [person](/usc/15/2821.md?p=15) is the average of the [automotive fuel ratings](/usc/15/2821.md?p=17) of such quantities, weighted by volume; or
  - (2) in the case of fuel which does not consist of such a blend, only if the [automotive fuel rating](/usc/15/2821.md?p=17) such [person](/usc/15/2821.md?p=15) certifies, displays, or represents is the same as the [automotive fuel rating](/usc/15/2821.md?p=17) of such fuel certified to, or determined by, such [person](/usc/15/2821.md?p=15).
- (g) **Nonapplicability of statutory requirements—** The foregoing provisions of this section shall not apply—
  - (1) to any representation (by display at the point of sale or by other means) of any characteristics of any [automotive fuel](/usc/15/2821.md?p=6) other than its [automotive fuel rating](/usc/15/2821.md?p=17); or
  - (2) to the identification of [automotive fuel](/usc/15/2821.md?p=6) at the point of sale (or elsewhere) by the [trademark](/usc/15/2801.md?p=11), trade name, or other identifying symbol or mark used in connection with the sale of such fuel.
- (h) **Display or representation of automotive fuel requirement of motor vehicle not to create express or implied warranty under State or Federal law respecting knocking characteristics of automotive fuel—** Any display or representation, with respect to the [automotive fuel requirement](/usc/15/2821.md?p=11) of any [motor vehicle](/usc/15/2821.md?p=7), required to be made under any rule prescribed under [subsection (d)](#d) shall not create an express or implied warranty under [State](/usc/15/2801.md?p=19) or Federal law that any [automotive fuel](/usc/15/2821.md?p=6) the [automotive fuel rating](/usc/15/2821.md?p=17) of which equals or exceeds such [automotive fuel requirement](/usc/15/2821.md?p=11)—
  - (1) may be used as a fuel in all [motor vehicles](/usc/15/2821.md?p=7) of the same class as that [motor vehicle](/usc/15/2821.md?p=7) without knocking; or
  - (2) may be used as a fuel in such [motor vehicle](/usc/15/2821.md?p=7) under all operating conditions without knocking.

## Source credit

(Pub. L. 95–297, title II, § 202, June 19, 1978, 92 Stat. 334; Pub. L. 102–486, title XV, § 1501(c)(2), Oct. 24, 1992, 106 Stat. 2997.)

## Notes

### Editorial Notes

### Amendments

1992—Pub. L. 102–486 amended section as follows: substituted “Automotive fuel rating” for “Octane” in section catchline; substituted “automotive fuel rating” and “automotive fuel ratings” for “octane rating” and “octane ratings”, respectively, wherever appearing; in subsecs. (a) and (b), substituted “fuel” for “gasoline” wherever appearing; in subsec. (c), substituted “automotive fuel” for “gasoline” wherever appearing except that “fuel” substituted for second reference to “gasoline”; in subsec. (d), substituted “automotive fuel” for “octane”; in subsec. (e), substituted “fuel” for “gasoline” wherever appearing and substituted “fuel’s” for “gasoline’s”; in subsecs. (f), (g), and (h), substituted “fuel” for “gasoline” wherever appearing; and in subsec. (h), substituted “automotive fuel requirement” for “octane requirement” wherever appearing.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1992 Amendment

Amendment by Pub. L. 102–486 effective at end of one-year period beginning Oct. 24, 1992, see section 1501(d)(1) of Pub. L. 102–486, set out as a note under section 2821 of this title.

### Effective Date

Pub. L. 95–297, title II, § 205, June 19, 1978, 92 Stat. 337, provided that: Sections 202(a)(1) [subsec. (a)(1) of this section] and 203(b) [section 2823(b) of this title] shall take effect on the first day of the first calendar month beginning more than 6 months after the date of the enactment of this Act [June 19, 1978]. Subsections (a)(2), (b), (c), and (e) of section 202 [subsecs. (a)(2), (b), (c), and (e) of this section] shall take effect on the first day of the first calendar month beginning more than 9 months after such date of enactment [June 19, 1978]. Rules under section 202(d) [subsec. (d) of this section] may not take effect earlier than the beginning of the first motor vehicle model year which begins more than 9 months after such date of enactment [June 19, 1978].”

### Studies

Section 1503 of Pub. L. 102–486 directed Administrator of Environmental Protection Agency to carry out a study to determine whether the anti-knock characteristics of nonliquid fuels usable as a fuel for motor vehicles could be determined and further directed Federal Trade Commission to carry out a study to determine the need for a uniform national label on devices used to dispense automotive fuel to consumers that would consolidate all information required by Federal law to be posted on such devices, with reports of the results of the studies to be submitted to Congress within one year of Oct. 24, 1992, together with recommendations and a description of the administrative and legislative actions needed to implement the recommendations.