Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 29–Committee on Natural Resources
CHAPTER..........
AN ACT relating to motor vehicle fuel; establishing certain
requirements for the display and labeling of pumps and
dispensers for motor v ehicle fuel at a motor vehicle fuel
dispensing site; requiring certain types of motor vehicle fuel
to be identified and labeled in a certain manner; revising
requirements relating to the advertisement of prices of motor
vehicle fuel; revising certain requi rements relating to the
letters, words, figures and numerals used on an advertising
medium for motor vehicle fuel; repealing requirements for
certain letters and numerals used on advertising mediums;
providing penalties; and providing other matters properl y
relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth certain requirements for the advertisement of motor
vehicle fuel and petroleum products. (NRS 590.160 -590.330) Section 2 of this bill
requires the owner or operator of a motor vehic le fuel dispensing site to ensure that
each pump or dispenser displays or is labeled with certain information. Section 2
also requires the owner or operator to post a sign or label containing certain
information at a motor vehicle fuel dispensing site that is unattended.
Section 3 of this bill requires, with certain exceptions, an advertising medium,
pump or dispenser for ethanol flex fuel, biodiesel or a biodiesel blend to: (1)
identify the fuels in a certain manner; and (2) be labeled with the automotiv e fuel
rating in accordance with the requirements of federal law. Section 3 also authorizes
the State Board of Agriculture to adopt regulations to establish alternative
identifications for ethanol flex fuel, biodiesel or a biodiesel blend to be used on an
advertising medium, pump or dispenser.
Section 4 of this bill applies the definitions in existing law governing motor
vehicle fuel to the provisions of sections 2 and 3.
Existing law requires advertising mediums for motor vehicle fuel to display the
actual price per unit of measure of motor vehicle fuel, including taxes, together
with the brand name and the individual grade or grades of the motor vehicle fuel
being advertised. (NRS 590.170) Section 5 of this bill requires an advertising
medium that advertises motor vehicle fuel prices using gallons to display the same
total price per gallon on the advertising medium and the pump or dispenser.
Section 5 requires that, if the price of the fuel: (1) increases from the advertised
price, the price on the advert ising medium must be changed before or at the same
time the price is changed on the pump or dispenser; and (2) decreases from the
advertised price, the price on the pump or dispenser must be changed before or at
the same time the price is changed on the advertising medium.
Section 5 also requires any roadside sign that advertises or displays the price of
motor vehicle fuel but is not connected to a pump or dispenser for motor vehicle
fuel to state certain information relating to the price and unit of measure of the fuel.
Existing law authorizes the advertisement of the price of diesel fuel excluding
state tax if the sign contains certain wording in a size not less than 4 inches in
height. (NRS 590.170) Section 5 instead requires that the wording be not le ss than
one-third of the height of the numerals used to indicate the price of the diesel fuel.
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Existing law requires that all letters, words, figures or numerals used on an
advertising medium to indicate the price of motor vehicle fuel be uniform in size, at
least 6 inches in height and the height must not be more than twice the width. (NRS
590.180, 590.200) Section 6 of this bill removes a reference to this requirement,
but does not eliminate the requirement. Section 7 of this bill clarifies that if a
fraction is used on a price sign to indicate the price of motor vehicle fuel, the
combined height of the numerator and denominator must be of the same height and
design as the other numerals indicating price.
Existing law requires that if the price of a brand name or grade of motor vehicle
fuel is advertised by means of a price sign and is sold at different prices, the sign or
signs advertising the prices must include notice of the conditions under which the
brand name or grade is sold. (NRS 590.230) Section 8 of this bill requires that if a
brand or grade of motor vehicle fuel is sold at different prices based on whether a
customer meets a condition, the price must be available to all customers who meet
the condition. Section 8 also provides that if a sign o r signs advertise different
prices based on: (1) whether the fuel is purchased with cash or credit, the sign or
signs must state both the cash and credit price or the highest of either the cash or
credit price; (2) whether the grade of fuel is alcohol-free, the sign or signs may state
the lowest of the two prices; and (3) a customer loyalty program or similar
program, the sign or signs must state both the highest price that may be charged if a
customer does not qualify and the discounted price or may state only the highest
price.
Existing law requires that all letters, words, figures or numerals used on an
advertising medium be plainly visible and of such colors or tints to contrast with
the remaining parts of the advertising medium. (NRS 590.260) Section 9 of this bill
additionally requires that the letters, words, figures or numerals appearing on an
electronic sign meet such requirements and be clearly visible during the day and at
night.
Section 10 of this bill reorganizes requirements that certain words , letters,
figures or numerals on an advertising medium be of like color or tint.
Sections 11 and 12 of this bill make the civil and criminal penalties of the
existing law governing the advertisement of motor vehicle fuel and petroleum
products apply to a person who violates the provisions of sections 2 and 3.
Section 13 of this bill repeals an exemption for the numeral “1” and the letter
“l” from certain advertising requirements for motor vehicle fuel and petroleum
products.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 590 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The owner or operator of a motor vehicle fuel
dispensing site shall ensure that each pump or dispenser at a
motor vehicle fuel dispensing site is labeled in accordance with the
requirements of this section.
2. Each pump or dispenser at a motor vehic le fuel dispensing
site must:
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(a) Display the price, grade and octane rating , if applicable, of
each motor vehicle fuel available at the pump or dispenser;
(b) Include a label that complies with the applicable
requirements of 16 C.F.R. Part 306 for each motor vehicle fuel
available at the pump or dispenser;
(c) If a reduced price is available for a motor vehicle fuel,
including, without limitation, a difference in price based on the
method of payment or a discount conditioned upon the sale of
another product or service, display a sign or label explaining the
conditions of the reduced price;
(d) If the pump or dispenser is capable of dispensing and
computing the price of motor vehicle fuel at more than one price,
display the highest price of each grade of motor vehicle fuel
available at the pump or dispenser before a customer takes any
deliberate action that results in a reduced price being shown; and
(e) If the pump or dispenser dispenses gasoline:
(1) With an ethanol content that is:
(I) Less than or equal to 10 percent by volume, include a
label with the statement “May contain up to 10% ethanol,” which
must be printed in block letters that are not less than one-fourth of
an inch in height on a background that contrasts with the color of
the letters; or
(II) More than 10 percent by volume but not more than
15 percent by volume, include a label that complies with the
requirements of 40 C.F.R. § 1090.1510.
(2) Containing an oxygenate other than ethanol, include a
label that:
(I) Indicates the type and maximum percent by volume
of oxygenate contained in the gasoline; and
(II) Includes a statement in substantially the following
form: “May contain up to (number)% (type of oxygenate).”
3. If a pump or dispenser at a motor vehicle fuel dispen sing
site is unattended, the owner or operator shall post for public
viewing at the site a sign or label that in a clear and conspicuous
manner lists the name, address and telephone number of the
owner or operator.
4. If a motor vehicle fuel dispensing site has a separate pump
or dispenser for credit and cash transactions, each pump or
dispenser must clearly indicate which form of payment is required
to use the pump or dispenser.
5. If a pump or dispenser at a motor vehicle fuel dispensing
site may be used for both credit and cash transactions, each pump
or dispenser must:
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(a) Be labeled to indicate whether debit transactions are
treated as a credit or cash transaction. Such a label may include,
without limitation, “cash/debit,” “debit=cash,” “credit/debit” or
“debit=credit.”
(b) If the pump or dispenser is capable of computing:
(1) Only one price, display the highest unit price and per
unit discount rate.
(2) Both a credit and cash price, display the credit
surcharge rate or the cash discount rate.
6. Any label or information that is required by this section to
be displayed on a pump or dispenser must be:
(a) Posted on the top half of the front panel of each pump or
dispenser; and
(b) Clean, legible and visible to the public at all times.
Sec. 3. 1. Except as otherwise provided in subsections 2
and 4, any advertising medium, pump or dispenser that advertises
or dispenses ethanol flex fuel, biodiesel or a biodiesel blend must
identify on the advertising medium, pump or dispenser, as
applicable:
(a) Ethanol flex fuel as “Ethanol Flex Fuel” or “E XX Flex
Fuel.”
(b) Biodiesel as “Biodiesel” with the designation “B100” or
“B99.”
(c) A biodiesel blend as “Biodiesel Blend.”
2. The State Board of Agriculture may adopt regulations to
establish alternative identifications for ethanol flex fuel, biodiesel
or a biodiesel blend to be used on an advertising medium, pump or
dispenser. Such identifications may be used in lieu of the
identifications set forth in subsection 1.
3. Each pump or dispenser for ethanol flex fuel, biodiesel or
a biodiesel blend must post the automotive fuel rating of the
ethanol flex fuel, biodiesel or bio diesel blend in accordance with
the requirements of 16 C.F.R. Part 306.
4. The provisions of this section do not apply to a biodiesel
blend that contains less than or equal to 5 percent by volume of
biodiesel that is sold or offered for sale as diesel fuel.
Sec. 4. NRS 590.020 is hereby amended to read as follows:
590.020 As used in NRS 590.010 to 590.330, inclusive, and
sections 2 and 3 of this act, unless the context otherwise requires:
1. “Additives” means a substance to be added to a motor
vehicle fuel, petroleum heating product, motor oil or lubricating oil
to impart or improve desirable properties or to suppress undesirable
properties.
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2. “Advertising medium” means any sign, printed or written
matter, or device for oral or visual communication.
3. “Alternative fuel” includes, without limitation:
(a) Any M -85 or M -100 fuel methanol that meets the
specifications for motor vehicle fuel adopted by regulation pursuant
to NRS 590.070;
(b) Any E-85 or E-100 fuel ethanol that meets the specifications
for motor vehicle fuel adopted by regulation pursuant to
NRS 590.070;
(c) Liquefied petroleum gas;
(d) Natural gas;
(e) Any hydrogen that meets the specifications for motor vehicle
fuel adopted by regulation pursuant to NRS 590.070;
(f) Electricity;
(g) Any biodiesel fuel that contains:
(1) Diesel that meets the specifications for motor vehicle fuel
adopted by regulation pursuant to NRS 590.070; and
(2) At least 5 percent by volume biodiesel fuel blend stock
for distillate fuels;
(h) Any blend of ethanol and diesel fuel:
(1) That contains:
(I) Any amount of diesel fuel that meets the specifications
for motor vehicle fuel adopted by regulation pursuant to NRS
590.070; and
(II) At least 5 percent by volume ethanol; and
(2) That may contain a proprietary additive; and
(i) Any renewable diesel fuel that:
(1) Contains at least 20 percent by volume renewable diesel
blend stock for distillate fuels; and
(2) If a part of a blend stock, contains di esel that meets the
specifications for motor vehicle fuel adopted by regulation pursuant
to NRS 590.070.
The term does not include a fuel that is required for use in this
State pursuant to a state implementation plan adopted by this State
pursuant to 42 U.S.C. § 7410.
4. “Brand name” means a name or logo that is used to identify
a business or company.
5. “Diesel exhaust fluid” means an aqueous urea solution that:
(a) Contains, by mass, 32.5 percent technically pure urea and
67.5 percent pure water;
(b) Is used in selective catalytic reduction to lower oxides of
nitrogen concentration in the exhaust emissions of diesel engines;
and
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(c) Meets the standards set forth in the latest version of ISO
22241, “Diesel engines —NOx reduction agent AUS 32” of th e
International Organization for Standardization.
6. “Grade” means:
(a) “Regular,” “midgrade,” “plus,” “super,” “premium” or words
of similar meaning when describing a grade designation for
gasoline.
(b) “Diesel” or words of similar meaning, including, without
limitation, any specific type of diesel, when describing a grade
designation for diesel motor fuel.
(c) “M-85,” “M -100,” “E -85,” “E -100” or words of similar
meaning when describing a grade designation for alternative fuel.
(d) “Propane,” “liquefied petroleum gas,” “compressed natural
gas,” “liquefied natural gas” or words of similar meaning when
describing pressurized gases.
7. “Motor vehicle fuel” means a petroleum product or
alternative fuel used for internal combustion engines in moto r
vehicles. The term does not include motor vehicle fuel additives.
8. “Performance rating” means the system adopted by the
American Petroleum Institute for the classification of uses for which
an oil is designed.
9. “Petroleum heating product” means a petroleum product that
is used for heating purposes. The term does not include petroleum
heating product additives.
10. “Petroleum products” means gasoline, diesel fuel, burner
fuel kerosene, lubricating oil, motor oil or any product represented
as motor oil or lubricating oil. The term does not include liquefied
petroleum gas, natural gas or motor oil additives.
11. “Pure water” means water that is:
(a) Very low in inorganic, organic or colloidal contaminants;
and
(b) Produced by a process such as:
(1) Single distillation;
(2) Deionization;
(3) Ultra-filtration; or
(4) Reverse osmosis.
12. “Recycled oil” means a petroleum product which is
prepared from used motor oil or used lubricating oil. The term
includes rerefined oil.
13. “Rerefined oil” means used oil which is refined after its
previous use to remove from the oil any contaminants acquired
during the previous use.
14. “Technically pure urea” means urea that is:
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(a) An industrially produced grade of urea with traces of biuret,
ammonia and water only;
(b) Free of aldehydes or other substances, including, without
limitation, anticaking agents; and
(c) Free of contaminants, including, without limitation, sulphur
and its compounds, chloride and nitrate.
15. “Used oil” means any oil which has been refined from
crude or synthetic oil and, as a result of use, has become unsuitable
for its original purpose because of a loss of its original properties or
the presence of impurities, but which may be suitable for another
use or economically recycled.
16. “Viscosity grade classification” means the measure of an
oil’s resistance to flow at a given temperature according to the grade
classification system of the Society of Automotive Engineers or
other grade classification.
Sec. 5. NRS 590.170 is hereby amended to read as follows:
590.170 1. Except as otherwise provided in this section, a
person shall not keep, maintain or display in this State any
advertising medium which indicates, shows or adv ertises the price
of motor vehicle fuel sold, offered for sale or advertised for sale
from the premises, unless the [actual] total price per unit of measure
of motor vehicle fuel, including taxes, is also shown on the
advertising medium, together with the brand name and the
individual grade or grades of the motor vehicle fuel being
advertised. If motor vehicle fuel prices are advertised in units of
measure [other] :
(a) Of the gallon, the same total price per gallon displayed on
the advertising medium must also be displayed on the face of the
pump or dispenser; or
(b) Other than the gallon, the [actual] total price per unit of
measure along with the equivalent price per gallon and the word
designating the unit of measure must be displayed on the face of th e
pump or dispenser.
2. The price of diesel fuel may be advertised excluding state
tax, but only by a sign which clearly and conspicuously contains the
wording “With Permit,” “With State Permit” or words of similar
meaning in letters of uniform size not less than [4 inches in ] one-
third the height [.] of the numerals used to indicate the price of the
diesel fuel. Diesel fuel dispensers displaying unit price without state
tax must be labeled in letters not less than 1 inch in height with the
words “Permit Price,” “With State Permit” or words of similar
meaning.
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3. If the price of motor vehicle fuel indicated, shown or
advertised on an advertising medium:
(a) Increases, the price must be changed on the advertising
medium before or at the same time that the price is changed on the
face of the pump or dispenser; or
(b) Decreases, the price must be changed on the pump or
dispenser before or at the same time that the price is changed on
the advertising medium.
4. Any roadside sign, including, without limita tion, a sign on
a pole, monument, canopy, A -frame sign or sign on a similar
structure that indicates, shows or advertises prices for motor
vehicle fuel and is not connected to a pump or dispenser for motor
vehicle fuel must state:
(a) The total price per unit of measure of motor vehicle fuel
for self -service and the total price for full -service, if such prices
are different;
(b) The unit of measure of the price if such unit of measure is
not per gallon, in accordance with the requirements of
subsection 2;
(c) The fractions of a cent, if the price is not charged at whole
cent; and
(d) A decimal point in the displayed price when a dollar sign is
included in the displayed price.
5. Except as otherwise provided in subsection 2, retail devices
displaying the unit price to compute or record deliveries must not be
considered an advertising medium.
Sec. 6. NRS 590.180 is hereby amended to read as follows:
590.180 [1.] No person offering for sale or selling any motor
vehicle fuel in the State of Nevada may post or display a sign or
statement or other advertising medium reading, in substance, “save”
a designated amount, or a designated amount per unit of measure,
such as “save 5 cents” or “save 5 cents per gallon,” or using the
expression “off” a designated amount, such as “5 cents off” or “5
cents less,” or “discount” of a given amount, such as “5 -cent
discount,” or otherwise using the words “save,” “off,” “discount,”
“wholesale,” “below,” or any of them, or a word or words of similar
meaning or other phraseology indicating a reduced price, unless
there is posted and displayed in letters of equal size and as part of
the same sign, statement or other advertising medium the total price,
including all taxes, at which motor vehicle fuel is being sold or
offered for sale, designating the price for each brand name or grade
of motor vehicle fuel being sold or offered for sale.
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[2. The size of the letters, words, figures or numerals used to
indicate the total price per unit of measure, including all taxes, must
be of a size as provided under the provisions of NRS 590.200.]
Sec. 7. NRS 590.220 is hereby amended to read as follows:
590.220 All letters, words, figures or numerals used on the
advertising m edium referred to in NRS 590.160 to 590.330,
inclusive, and sections 2 and 3 of this act to indicate [prices] the
total price per unit of measure, including taxes, of motor vehicle
fuel sold or advertised for sale must be uniform in size and must be
at lea st 6 inches in height, and the height must not be more than
twice the width. If a fraction [displaying a numerator and a
denominator] is used [in lieu of a full -size numeral] on a price sign,
the [fraction] combined height of the numerator and denominator
must be of the same height and design as the other numerals
indicating price. Numerators without denominators must not be used
for fractions. [The advertising medium must indicate the price of the
fuel per gallon.]
Sec. 8. NRS 590.230 is hereby amended to read as follows:
590.230 1. The advertising medium referred to in NRS
590.160 to 590.330, inclusive, and sections 2 and 3 of this act must
not contain any other advertising matter except words of description
of the product sold or offered for sale, and method of sale, such as
“self-serve,” “full serve” or words of similar meaning. If words of
description or method of sale of the product offered or advertised by
any such sign are used, the letters, figures or numerals which form
any words must not be larger than the words, marks, letters, figures
or numerals used in forming or designating the price per unit of
measure.
2. If the price of a brand name or grade of motor vehicle fuel is
advertised by means of a price si gn and is sold at different prices
[from the dispensing devices on the premises, ] based on whether a
customer meets a condition, the sign or signs advertising the price
must include notice of the conditions under which the brand name or
grade is sold [.] and the price must be available to all customers
who meet the condition. If [the] :
(a) The same grade of motor vehicle fuel is sold at different
prices based on whether credit or cash is used as the method of
payment, the sign or signs must state:
(1) Both the credit and cash price, which must be uniform
in size; or
(2) The highest of either the credit or cash price.
(b) The sign or signs advertises only the cash price [,] as the
highest price in accordance with paragraph (a) as a condition of
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sale for the motor vehicle fuel offered for sale on the premises, the
sign must clearly state “cash” in letters a minimum of 6 inches in
height or one-third the size of the numerals in announcing the price,
whichever is larger. [If]
(c) The terms stating the condition of sale, including “self -
serve,” “full serve,” or words of similar meaning, appear on a price
sign, there must be signs designating “self -serve” and “full serve”
islands, pumps or dispensing devices in letters of 4 inches in height
or more, c onspicuously posted, showing the pumps or dispensing
devices where the product is sold at each price.
(d) A grade of an alcohol -free product is offered at a price
higher than a blend of the same grade containing alcohol, the sign
or signs may state the lowest price of the two products.
(e) A discount is offered to a customer through a customer
loyalty program or similar program, the sign or signs must state:
(1) Both the highest price that may be charged to a
customer who does not qualify for the discount and the discounted
price, which must be uniform in size; or
(2) The highest price that may be charged to a customer
who does not qualify for the discount.
Sec. 9. NRS 590.260 is hereby amended to read as follows:
590.260 1. All letters, words, figures or numerals appearing
on any advertising medium referred to in NRS 590.160 to 590.330,
inclusive, and sections 2 and 3 of this act shall be plainly visible
and of such colors or tints as will contrast such letters, words,
figures or numerals with the remaining parts of the advertising
medium.
2. All letters, words, figures or numerals appearing on any
electronic sign must comply with the requirements of subsection 1
and be clearly visible during the day and at night.
Sec. 10. NRS 590.270 is hereby amended to read as follows:
590.270 All words, letters, figures or numerals on the
advertising medium referred to in NRS 590.160 to 590.330,
inclusive, [which form or] and sections 2 and 3 of this act must be:
1. For words and letters used to designate the brand name or
the words “no [brand” must be ] brand,” of like color or tint [, and
all words, letters,] ;
2. For figures or numerals designating or indicating the price
of motor vehicle fuel so offered for sale , [must be] of like color or
tint ; [,] and [all]
3. For all words, letters, figures or numerals used in
designating the grades and conditions of sale of motor vehicle fuel
being advertised , [must be] of like color or tint.
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Sec. 11. NRS 590.322 is hereby amended to read as follows:
590.322 1. The State Sealer of Measurement Standards shall
adopt regulations establishing a schedule of civil penalties for any
violation of NRS 590.160 to 590. 330, inclusive [.] , and sections 2
and 3 of this act.
2. In addition to any criminal penalty that may be imposed, a
person who violates any provision of NRS 590.160 to 590.330,
inclusive, and sections 2 and 3 of this act is subject to a civil
penalty in accordance with the schedule of civil penalties
established by the State Sealer of Measurement Standards pursuant
to subsection 1.
Sec. 12. NRS 590.330 is hereby amended to read as follows:
590.330 1. Except as otherwise provided in subsection 2, a
person, or any officer, agent or employee thereof, who willfully
violates the provisions of NRS 590.160 to 590.330, inclusive, and
sections 2 and 3 of this act, or any regulation adopted pursuan t
thereto:
(a) For the first offense, shall be given a warning.
(b) For the second offense, is guilty of a misdemeanor and shall
be punished by a fine of not less than $1,000 or more than $5,000.
(c) For the third or subsequent offense, is guilty of a gross
misdemeanor.
2. A person, or any officer, agent or employee thereof, who is
convicted pursuant to subsection 1 more than three times in a 2 -year
period is guilty of a category E felony and shall be punished as
provided in NRS 193.130.
Sec. 13. NRS 590.250 is hereby repealed.
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