NC General Statutes

N.C. Gen. Stat. § 75-90 (2026)

Availability of gasoline suitable for blending with fuel alcohol; blender of record

✓ current as of July 2026
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(a) The following definitions apply in this section:

(1) Blender. - Defined in G.S. 105-449.60.

(2) Distributor. - Defined in G.S. 105-449.60.

(3) Fuel Alcohol. - Defined in G.S. 105-449.60.

(4) Gasoline. - Defined in G.S. 105-449.60(22)a.

(5) Retailer. - Defined in G.S. 105-449.60.

(6) Supplier. - Defined in G.S. 105-449.60.

(b) A supplier that imports gasoline into the State shall offer gasoline for sale to a distributor or retailer that is not preblended with fuel alcohol and that is suitable for subsequent blending with fuel alcohol.

(c) The General Assembly finds that use of blended fuels reduces dependence on imported oil and is therefore in the public interest. The General Assembly further finds that gasoline may be blended with fuel alcohol below the terminal rack by distributors and retailers as well as above the terminal rack by suppliers and that there is no reason to restrict or prevent blending by suppliers, distributors, or retailers. Therefore, any provision of any contract that would restrict or prevent a distributor or retailer from blending gasoline with fuel alcohol or from qualifying for any federal or State tax credit due to blenders is contrary to public policy and is void. This subsection does not impair the obligation of existing contracts, but does apply if such contract is modified, amended, or renewed. (2008-198, s. 11.7; 2008-222, s. 1.)

 

§ 75-91: Reserved for future codification purposes.

 

§ 75-92: Reserved for future codification purposes.

 

§ 75-93: Reserved for future codification purposes.

 

§ 75-94: Reserved for future codification purposes.

 

§ 75-95: Reserved for future codification purposes.

 

§ 75-96: Reserved for future codification purposes.

 

§ 75-97: Reserved for future codification purposes.

 

§ 75-98: Reserved for future codification purposes.

 

§ 75-99: Reserved for future codification purposes.

 

Article 4.

Telephone Solicitations.

Notes of Decisions
Cited in 2 cases, 2010–2011 · leading case: Am. Petroleum Inst. v. Cooper, 681 F. Supp. 2d 635 (E.D.N.C. 2010).
Am. Petroleum Inst. v. Cooper, 681 F. Supp. 2d 635 (E.D.N.C. 2010). · cites it 4× “” N.C. Gen.Stat. § 75-90(b) (2008). It also provides: The General Assembly finds that use of blended fuels reduces dependence on imported oil and is therefore in the public interest.”
Am. Petroleum Inst. v. Cooper, 835 F. Supp. 2d 63 (E.D.N.C. 2011). · cites it 12× “See N.C. Gen.Stat. § 75-90(b). Additionally, the statute prohibits any contract provision between suppliers and marketers that restricts or prevents blending by marketers, and therefore prevents marketers from receiving a federal or state tax credit for doing so.”
— N.C. Gen. Stat. § 75-90(b) — 2 cases
Am. Petroleum Inst. v. Cooper, 681 F. Supp. 2d 635 (E.D.N.C. 2010). “” N.C. Gen.Stat. § 75-90(b) (2008). It also provides: The General Assembly finds that use of blended fuels reduces dependence on imported oil and is therefore in the public interest.”
Am. Petroleum Inst. v. Cooper, 835 F. Supp. 2d 63 (E.D.N.C. 2011). “See N.C. Gen.Stat. § 75-90(b). Additionally, the statute prohibits any contract provision between suppliers and marketers that restricts or prevents blending by marketers, and therefore prevents marketers from receiving a federal or state tax credit for doing so.”
— N.C. Gen. Stat. § 75-90(c) — 2 cases
Am. Petroleum Inst. v. Cooper, 681 F. Supp. 2d 635 (E.D.N.C. 2010). “” N.C. Gen.Stat. § 75-90(b) (2008). It also provides: The General Assembly finds that use of blended fuels reduces dependence on imported oil and is therefore in the public interest.”
Am. Petroleum Inst. v. Cooper, 835 F. Supp. 2d 63 (E.D.N.C. 2011). “See N.C. Gen.Stat. § 75-90(b). Additionally, the statute prohibits any contract provision between suppliers and marketers that restricts or prevents blending by marketers, and therefore prevents marketers from receiving a federal or state tax credit for doing so.”
— N.C. Gen. Stat. § 75-90(e) — 1 case
Am. Petroleum Inst. v. Cooper, 681 F. Supp. 2d 635 (E.D.N.C. 2010). “” N.C. Gen.Stat. § 75-90(b) (2008). It also provides: The General Assembly finds that use of blended fuels reduces dependence on imported oil and is therefore in the public interest.”
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