Code of Alabama

Ala. Code § 8-22-12 (2026)

Applicability of Chapter Generally.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) The provisions of the Motor Fuel Marketing Act shall not apply to a sale at wholesale or a sale at retail made

(1) In an isolated transaction and not in the usual course of business;

(2) Where motor fuels are advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in such motor fuel, and said advertising, offer to sell, or sale shall state the reason thereafter and the quantity of such motor fuel advertised, offered for sale, or to be sold;

(3) Where motor fuel is advertised, offered for sale, or sold as imperfect or damaged, and said advertising, offer of sale or sale shall state the reason therefor and the quantity of such motor fuel advertised, offered for sale, or to be sold;

(4) Where motor fuel is sold upon the final liquidation of a business; or

(5) Where motor fuel is advertised, offered for sale, or sold by any fiduciary or other officer under the order or direction of any court.

(b) The notice required to be given under this section shall not be sufficient unless the subject of such sales is kept separate from other stocks and clearly and legibly marked with the reason for such sales, and any advertisement of such goods must indicate the same facts and the quantity to be sold.

(Acts 1984, No. 84-260, p. 433, §12.)

Notes of Decisions

Cited in 2 cases, 1987–1992 · leading case: State Ex Rel. Galanos v. Mapco Petroleum, 519 So. 2d 1275 (Ala. 1987).

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State Ex Rel. Galanos v. Mapco Petroleum, 519 So. 2d 1275 (Ala. 1987). · cites it 2× “" The exceptions stated in § 8-22-12 are (1) isolated transactions not in the usual course of business, (2) bona fide clearance sales for discontinuing trade in such fuel, (3) imperfect or damaged fuel, (4) liquidation of a business, and (5) sales by a fiduciary or other officer…”

McGuire Oil Co. v. Mapco, Inc., 612 So. 2d 417 (Ala. 1992). “*423 "Considering the `intent' provision of § 8-22-3, we deem it consistent with these provisions to allow a general defense of lack of injurious intent even if the facts do not specifically fit one of the stated exceptions [§ 8-22-12 and § 8-22-13]for example, an honest…”

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