A handful of states make it illegal for a gas station to sell fuel below its own cost, on the theory that a chain with deep pockets could otherwise sell at a loss long enough to drive independent competitors out and then raise prices. Two separate things have to be known before anyone can act on one of these laws, and they almost always live in two different statute sections: what conduct is actually prohibited (and what the exceptions are), and how the law says 'cost' is calculated. So each state gets a record for each. Only two of the states here bolt a fixed cost-of-doing-business markup percentage onto cost -- Wisconsin (6% retail, 3% wholesale, 9.18% on the average posted terminal price) and West Virginia (4% wholesale) -- which is why the popular name 'minimum markup law' is misleading everywhere else: Minnesota, Missouri, North Carolina and Florida set a cost floor with no fixed percentage on top. No comprehensive compiled version of these laws was found; each state's rule lives only in its own statute or agency guidance page. Answers 'can a gas station legally sell below cost in my state', 'what's the minimum markup percentage for gasoline in Wisconsin', 'what counts as cost for a gas station in Florida', 'is meeting a competitor's price an exception'.

US state statutes and agency guidance; facts not copyrightable, quoted with citation.

State below-cost motor fuel selling laws and minimum-markup percentages


**State:** North Carolina

**Applies to:** retail (all other sellers)

**Rule:** cost floor

**Law name:** Definitions.

**Statute citation:** G.S. 75-81

**How "cost" is defined:** For all other sellers, cost includes the invoice or replacement cost, whichever is less, of the grade, brand or blend, of motor fuel within 10 days prior to the date of sale, in the quantity or quantities last purchased, less all rebates and discounts received including prompt payment discounts and plus all applicable State, federal and local taxes, and transportation expenses including freight expenses, incurred and not otherwise included in the cost of the motor fuel.

> b. For all other sellers, cost includes the invoice or replacement cost, whichever is less, of the grade, brand or blend, of motor fuel within 10 days prior to the date of sale, in the quantity or quantities last purchased, less all rebates and discounts received including prompt payment discounts and plus all applicable State, federal and local taxes, and transportation expenses including freight expenses, incurred and not otherwise included in the cost of the motor fuel.

Source: <https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_75/GS_75-81.html>

North Carolina · retail (all other sellers) · cost floor — State below-cost motor fuel selling laws and minimum-markup percentages


**State:** Missouri

**Applies to:** retail and wholesale

**Rule:** cost floor

**Law name:** Definitions.

**Statute citation:** 416.605

**How "cost" is defined:** (a) a. If the motor fuel is not purchased from an affiliate, the lowest invoice cost that the seller charged to the purchaser for motor fuel of like grade and quality within three days prior to the date of any alleged unlawful resale by the purchaser, less trade discounts, allowances or rebates which the purchaser receives on the particular invoice or transfer; or b. If motor fuel is purchased or received from an affiliate, the lowest transfer price that the affiliate charged to the purchaser or receiver for motor fuel of like grade and quality within three days prior to the date of any alleged unlawful resale by the purchaser or receiver, less trade discounts, allowances, or rebates which the purchaser receives on the particular invoice or transfer; plus (b) The cost of doing business; plus (c) Freight charges and all applicable federal, state and local taxes not already included in the invoice cost or transfer price;

> (2) "Cost", is the sum of: (a) a. If the motor fuel is not purchased from an affiliate, the lowest invoice cost that the seller charged to the purchaser for motor fuel of like grade and quality within three days prior to the date of any alleged unlawful resale by the purchaser, less trade discounts, allowances or rebates which the purchaser receives on the particular invoice or transfer; or b. If motor fuel is purchased or received from an affiliate, the lowest transfer price that the affiliate charged to the purchaser or receiver for motor fuel of like grade and quality within three days prior to the date of any alleged unlawful resale by the purchaser or receiver, less trade discounts, allowances, or rebates which the purchaser receives on the particular invoice or transfer; plus (b) The cost of doing business; plus (c) Freight charges and all applicable federal, state and local taxes not already included in the invoice cost or transfer price; (3) "Cost of doing business", all costs incurred in the operation of the business for fair market rental value, licenses, taxes, utilities, insurance and nonmanagerial labor;

Source: <https://revisor.mo.gov/main/OneSection.aspx?section=416.605>

Missouri · retail and wholesale · cost floor — State below-cost motor fuel selling laws and minimum-markup percentages


**State:** Minnesota

**Applies to:** retail

**Rule:** cost floor

**Law name:** DEFINITIONS

**Statute citation:** 325D.01

**How "cost" is defined:** (i) the average terminal price on the day, at the terminal from which the most recent supply of gasoline delivered to the retail location was acquired, plus all applicable state and federal excise taxes and fees; or (ii) the actual current delivered invoice or replacement cost of the gasoline, whichever is lower, plus all applicable state and federal excise taxes and fees.

> (3) for purposes of gasoline offered for sale by way of posted price or indicating meter by a retailer, at a retail location where gasoline is dispensed into passenger automobiles and trucks by the consumer, "cost" means either: (i) the average terminal price on the day, at the terminal from which the most recent supply of gasoline delivered to the retail location was acquired, plus all applicable state and federal excise taxes and fees; or (ii) the actual current delivered invoice or replacement cost of the gasoline, whichever is lower, plus all applicable state and federal excise taxes and fees.

Source: <https://www.revisor.mn.gov/statutes/cite/325D.01>

Minnesota · retail · cost floor — State below-cost motor fuel selling laws and minimum-markup percentages


**State:** Florida

**Applies to:** retail (nonrefiner)

**Rule:** cost floor

**Law name:** Definitions.

**Statute citation:** F.S. 526.303

**How "cost" is defined:** the nonrefiner’s invoice cost of the motor fuel, by grade, less credit card allowances, trade discounts, and rebates actually received, to which shall be added federal, state, and local taxes and inspection fees applicable to motor fuel; freight charges to the retail outlet; and direct labor costs and the reasonable rental value of the retail outlet attributable to the sale of motor fuel by the nonrefiner.

> (7) “Nonrefiner cost” means: the nonrefiner’s invoice cost of the motor fuel, by grade, less credit card allowances, trade discounts, and rebates actually received, to which shall be added federal, state, and local taxes and inspection fees applicable to motor fuel; freight charges to the retail outlet; and direct labor costs and the reasonable rental value of the retail outlet attributable to the sale of motor fuel by the nonrefiner. If motor fuel is sold with another item at a combined price, nonrefiner motor fuel cost shall also include the cost of the other item and the direct labor costs and the reasonable rental value of the retail outlet attributable to the retail sale of the item by the nonrefiner.

Source: <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0526/Sections/0526.303.html>

Florida · retail (nonrefiner) · cost floor — State below-cost motor fuel selling laws and minimum-markup percentages


**State:** Florida

**Applies to:** retail (refiner)

**Rule:** cost floor

**Law name:** Definitions.

**Statute citation:** F.S. 526.303

**How "cost" is defined:** a refiner’s posted terminal price plus state, federal, and local taxes and inspection fees applicable to motor fuel, and freight charges to its retail outlet, and direct labor costs and reasonable rental value of the retail outlet attributable to the retail sale of motor fuel by the refiner.

> (11) “Refiner cost” means a refiner’s posted terminal price plus state, federal, and local taxes and inspection fees applicable to motor fuel, and freight charges to its retail outlet, and direct labor costs and reasonable rental value of the retail outlet attributable to the retail sale of motor fuel by the refiner. If motor fuel is sold with another item, at a combined price, refiner cost shall also include the cost of the other item and direct labor costs and reasonable rental value of the retail outlet attributable to the retail sale of the item by the refiner.

Source: <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0526/Sections/0526.303.html>

Florida · retail (refiner) · cost floor — State below-cost motor fuel selling laws and minimum-markup percentages


**State:** North Carolina

**Applies to:** retail (refiner or terminal supplier)

**Rule:** cost floor

**Law name:** Definitions.

**Statute citation:** G.S. 75-81

**How "cost" is defined:** For a refiner or terminal supplier, costs shall be presumed to be the refiner's or terminal supplier's prevailing price to the wholesale class of trade at the terminal used by the refiner or terminal supplier to obtain the motor fuel in question or the lowest prevailing price within 10 days prior to a sale alleged to be in violation of G.S. 75-82 hereof plus all transportation expenses including freight expenses (incurred and not otherwise included in the cost of the motor fuel), and motor fuel taxes.

> a. For a refiner or terminal supplier, costs shall be presumed to be the refiner's or terminal supplier's prevailing price to the wholesale class of trade at the terminal used by the refiner or terminal supplier to obtain the motor fuel in question or the lowest prevailing price within 10 days prior to a sale alleged to be in violation of G.S. 75-82 hereof plus all transportation expenses including freight expenses (incurred and not otherwise included in the cost of the motor fuel), and motor fuel taxes.

Source: <https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_75/GS_75-81.html>

North Carolina · retail (refiner or terminal supplier) · cost floor — State below-cost motor fuel selling laws and minimum-markup percentages


**State:** West Virginia

**Applies to:** retail

**Rule:** cost floor

**Law name:** How cost determined.

**Statute citation:** §47-11A-6

**How "cost" is defined:** (i) The invoice cost of each separate or distinct product or item of merchandise to the retailer to include applicable taxes, or the replacement cost thereof to the retailer within 30 days prior to the date of sale, offer for sale, or advertisement for sale, as the case may be, in the quantity last purchased, whichever is lower, from either of which there shall be deducted all trade discounts, except customary discounts for cash; and (ii) to either of which there shall be added freight charges not otherwise included in the cost of the article, product, or item of merchandise, but which freight charges shall not be construed as including cartage to retail outlet if done or paid for by the retailer.

> (a) The term “cost” when applicable to the business of retailer shall mean bona fide cost andshall mean: (i) The invoice cost of each separate or distinct product or item of merchandise to the retailer to include applicable taxes, or the replacement cost thereof to the retailer within 30 days prior to the date of sale, offer for sale, or advertisement for sale, as the case may be, in the quantity last purchased, whichever is lower, from either of which there shall be deducted all trade discounts, except customary discounts for cash; and (ii) to either of which there shall be added freight charges not otherwise included in the cost of the article, product, or item of merchandise, but which freight charges shall not be construed as including cartage to retail outlet if done or paid for by the retailer.

Source: <https://code.wvlegislature.gov/47-11A-6/>

West Virginia · retail · cost floor — State below-cost motor fuel selling laws and minimum-markup percentages


**State:** Wisconsin

**Applies to:** retail

**Rule:** cost floor

**Law name:** Unfair Sales Act

**Statute citation:** Wis. Stat § 100.30

**How "cost" is defined:** the greater of either invoice or replacement cost (as noted above) plus a cost of doing business markup of 6%, or the “average posted terminal price” plus a cost of doing business markup of 9.18%.

**Fixed markup percentage:** 6%

> The statutory definition of cost for retail sales of motor vehicle fuel is the greater of either invoice or replacement cost (as noted above) plus a cost of doing business markup of 6%, or the “average posted terminal price” plus a cost of doing business markup of 9.18%.

Source: <https://datcp.wi.gov/Pages/Programs_Services/UnfairSalesAct.aspx>

Wisconsin · retail · cost floor — State below-cost motor fuel selling laws and minimum-markup percentages


**State:** Minnesota

**Applies to:** wholesale

**Rule:** cost floor

**Law name:** DEFINITIONS

**Statute citation:** 325D.01

**How "cost" is defined:** the actual current delivered invoice or replacement cost, whichever is lower, without deducting customary cash discounts, plus any excise or sales taxes imposed on such commodity, goods, wares or merchandise subsequent to the purchase thereof and prior to the resale thereof, plus the cost of doing business at that location by the vendor;

> The term "cost," as applied to the wholesale or retail vendor, means: (1) the actual current delivered invoice or replacement cost, whichever is lower, without deducting customary cash discounts, plus any excise or sales taxes imposed on such commodity, goods, wares or merchandise subsequent to the purchase thereof and prior to the resale thereof, plus the cost of doing business at that location by the vendor;

Source: <https://www.revisor.mn.gov/statutes/cite/325D.01>

Minnesota · wholesale · cost floor — State below-cost motor fuel selling laws and minimum-markup percentages


**State:** West Virginia

**Applies to:** wholesale

**Rule:** cost floor

**Law name:** How cost determined.

**Statute citation:** §47-11A-6

**How "cost" is defined:** (2) A markup to cover, in part, the cost of doing business, which markup in the absence of proof of a lesser cost, shall be four percent of the aggregate of invoice cost or replacement cost (whichever is used), less trade discounts as aforesaid, and plus said freight charges: Provided, That such a markup to cover the cost of doing business as provided for in this subdivision shall be exclusive of any federal and state motor fuel taxes.

**Fixed markup percentage:** four percent

> (b) The term “cost” when applicable to the business of a wholesaler shall mean bona fide cost and shall mean: (i) The invoice cost of the merchandise to the wholesaler to include applicable taxes, or the replacement cost of the merchandise to the wholesaler within 30 days prior to the date of sale, offer for sale, or advertisement for sale, as the case may be, in the quantity last purchased, whichever is lower, from either of which there shall be deducted all trade discounts except customary discounts for cash; and (ii) to either of which there shall be added the following items of expense: (1) Freight charges not otherwise included in the cost of the article, product, or item of merchandise, but which freight charges shall not be construed as including cartage to the retail outlet if done or paid for by the wholesaler; (2) A markup to cover, in part, the cost of doing business, which markup in the absence of proof of a lesser cost, shall be four percent of the aggregate of invoice cost or replacement cost (whichever is used), less trade discounts as aforesaid, and plus said freight charges: Provided, That such a markup to cover the cost of doing business as provided for in this subdivision shall be exclusive of any federal and state motor fuel taxes.

Source: <https://code.wvlegislature.gov/47-11A-6/>

West Virginia · wholesale · cost floor — State below-cost motor fuel selling laws and minimum-markup percentages


**State:** Wisconsin

**Applies to:** wholesale

**Rule:** cost floor

**Law name:** Unfair Sales Act

**Statute citation:** Wis. Stat § 100.30

**How "cost" is defined:** The statutory definition of cost for wholesale sales of motor vehicle fuel includes a cost-of-doing-business markup of 3%.

**Fixed markup percentage:** 3%

> The statutory definition of cost for wholesale sales of motor vehicle fuel includes a cost-of-doing-business markup of 3%.

Source: <https://datcp.wi.gov/Pages/Programs_Services/UnfairSalesAct.aspx>

Wisconsin · wholesale · cost floor — State below-cost motor fuel selling laws and minimum-markup percentages


**State:** Missouri

**Applies to:** retail and wholesale

**Rule:** prohibition

**Law name:** Sale below cost or at lower price, prohibited when.

**Statute citation:** 416.615

**What is prohibited:** It is unlawful for any person engaged in commerce within this state to sell or offer to sell motor fuel below cost

> It is unlawful for any person engaged in commerce within this state to sell or offer to sell motor fuel below cost as defined in subdivision (2) of section <https://revisor.mo.gov/main/OneSection.aspx?section=416.605> 416.605 , if: (1) The intent of the sale or offer is to injure competition; or (2) The intent of the sale or offer is to induce the purchase of other merchandise, to unfairly divert trade from a competitor, or otherwise to injure a competitor.

Source: <https://revisor.mo.gov/main/OneSection.aspx?section=416.615>

Missouri · retail and wholesale · prohibition — State below-cost motor fuel selling laws and minimum-markup percentages


**State:** West Virginia

**Applies to:** retail and wholesale

**Rule:** prohibition

**Law name:** When selling below cost prohibited; penalty.

**Statute citation:** §47-11A-2

**What is prohibited:** it shall be unlawful for any person, partnership, firm, corporation, or other entity engaged in business as a retailer or wholesaler within this state to sell, offer for sale, or advertise for sale any product or item of merchandise at a price less than the cost thereof with the intent to destroy or the effect of destroying competition.

> Except as otherwise provided in this article, it shall be unlawful for any person, partnership, firm, corporation, or other entity engaged in business as a retailer or wholesaler within this state to sell, offer for sale, or advertise for sale any product or item of merchandise at a price less than the cost thereof with the intent to destroy or the effect of destroying competition.

Source: <https://code.wvlegislature.gov/47-11A-2/>

West Virginia · retail and wholesale · prohibition — State below-cost motor fuel selling laws and minimum-markup percentages


**State:** Wisconsin

**Applies to:** retail and wholesale

**Rule:** prohibition

**Law name:** Unfair Sales Act

**Statute citation:** Wis. Stat § 100.30

**What is prohibited:** the Unfair Sales Act prohibits selling items of merchandise below cost

**Exceptions:** Meeting the existing price of a direct competitor Clearance and final liquidation sales Sales of damaged or perishable merchandise Contracted sales to government institutions Sales for charitable purposes or to relief agencies

> Commonly referred to as the "Minimum Markup Law," the Unfair Sales Act prohibits selling items of merchandise below cost. The law states that "the practice of selling [...] below cost to in order to attract patronage is generally a form of deceptive advertising and an unfair method of competition in commerce." See <https://datcp.wi.gov/Pages/Programs_Services/https://docs.legis.wisconsin.gov/document/statutes/100.30> Wis. Stat § 100.30, the Unfair Sales Act and <https://datcp.wi.gov/Pages/Programs_Services/http://docs.legis.wisconsin.gov/code/admin_code/atcp/090/105.pdf> Wis. Admin. Code ch. ATCP 105, Sales Below Cost . Common exceptions that permit sales below cost include [refer to <https://datcp.wi.gov/Pages/Programs_Services/https://docs.legis.wisconsin.gov/document/statutes/100.30(6)> Wis. Stat. § 100.30(6) for a complete list of exceptions]: Meeting the existing price of a direct competitor Clearance and final liquidation sales Sales of damaged or perishable merchandise Contracted sales to government institutions Sales for charitable purposes or to relief agencies

Source: <https://datcp.wi.gov/Pages/Programs_Services/UnfairSalesAct.aspx>

Wisconsin · retail and wholesale · prohibition — State below-cost motor fuel selling laws and minimum-markup percentages


**State:** Minnesota

**Applies to:** retail

**Rule:** prohibition

**Law name:** UNLAWFUL GASOLINE SALES

**Statute citation:** 325D.71

**What is prohibited:** Any offer for sale of gasoline by a retailer by way of posted price or indicating meter that is below cost

**Exceptions:** A retailer who sells gasoline at the same or higher legally posted price of a competitor in the same market area, on the same day, is not in violation of this section. (b) A retailer who offers gasoline for sale at a price below cost as part of a promotion at an individual location for no more than three days in any calendar quarter is not in violation of this section. (c) A retailer who offers gasoline for sale at a price below cost through the use of coupons, loyalty programs, membership-based pricing programs, or promotions or programs of similar import is not in violation of this section.

> (a) Any offer for sale of gasoline by a retailer by way of posted price or indicating meter that is below cost, as defined by section <https://www.revisor.mn.gov/statutes/2025/cite/325D.01#stat.325D.01.5> 325D.01, subdivision 5 , clause (3), is a violation of section <https://www.revisor.mn.gov/statutes/2025/cite/325D.04> 325D.04 , except that the criminal penalties in section <https://www.revisor.mn.gov/statutes/2025/cite/325D.071> 325D.071 do not apply. In addition to the penalties for violations and the remedies provided for injured parties set forth elsewhere in this chapter, the commissioner of commerce may use the authority under section <https://www.revisor.mn.gov/statutes/2025/cite/45.027> 45.027 for the purpose of preventing violations of this section. A retailer who sells gasoline at the same or higher legally posted price of a competitor in the same market area, on the same day, is not in violation of this section. (b) A retailer who offers gasoline for sale at a price below cost as part of a promotion at an individual location for no more than three days in any calendar quarter is not in violation of this section. (c) A retailer who offers gasoline for sale at a price below cost through the use of coupons, loyalty programs, membership-based pricing programs, or promotions or programs of similar import is not in violation of this section.

Source: <https://www.revisor.mn.gov/statutes/cite/325D.71>

Minnesota · retail · prohibition — State below-cost motor fuel selling laws and minimum-markup percentages


**State:** Florida

**Applies to:** retail (nonrefiner)

**Rule:** prohibition

**Law name:** Predatory practices unlawful; exceptions.

**Statute citation:** F.S. 526.304

**What is prohibited:** It is unlawful for any nonrefiner engaged in commerce in this state to sell any grade or quality of motor fuel at a retail outlet below nonrefiner cost, where the effect is to injure competition.

**Exceptions:** An isolated, inadvertent incident involving activity prohibited pursuant to subsection (1) or subsection (3) shall not be a violation of this act. (b) A refiner’s sale below refiner cost or a nonrefiner’s sale below nonrefiner cost made in good faith to meet an equally low retail price of a competitor selling motor fuel of like grade in the same relevant geographic market which can be used in the same motor vehicle, or of the same or similar items in combination with motor fuel of like grade which can be used in the same motor vehicle, is not a violation of this act.

> (b) It is unlawful for any nonrefiner engaged in commerce in this state to sell any grade or quality of motor fuel at a retail outlet below nonrefiner cost, where the effect is to injure competition. (2)(a) An isolated, inadvertent incident involving activity prohibited pursuant to subsection (1) or subsection (3) shall not be a violation of this act. (b) A refiner’s sale below refiner cost or a nonrefiner’s sale below nonrefiner cost made in good faith to meet an equally low retail price of a competitor selling motor fuel of like grade in the same relevant geographic market which can be used in the same motor vehicle, or of the same or similar items in combination with motor fuel of like grade which can be used in the same motor vehicle, is not a violation of this act.

Source: <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0526/Sections/0526.304.html>

Florida · retail (nonrefiner) · prohibition — State below-cost motor fuel selling laws and minimum-markup percentages


**State:** North Carolina

**Applies to:** retail

**Rule:** prohibition

**Law name:** Unlawful below-cost selling; exceptions.

**Statute citation:** G.S. 75-82

**What is prohibited:** It shall be unlawful where the intent is to injure competition for any motor fuel merchant or the affiliate of any motor fuel merchant to sell with such frequency as to indicate a general business practice of selling at a motor fuel outlet any grade, brand or blend of motor fuel for less than the cost of that grade, brand or blend of motor fuel

**Exceptions:** (i) the price is established in good faith to meet or compete with the lower price of a competitor in the same market area on the same level of distribution selling the same or comparable product of like quality, (ii) the price remains in effect for no more than 10 days after the first sale of that grade, brand or blend by the merchant at a new retail outlet, (iii) the sale is made in good faith to dispose of a grade, brand or blend of motor fuel for the purpose of discontinuing sales of that product, or (iv) the sale is made pursuant to the order or authority of any court or governmental agency.

> (a) It shall be unlawful where the intent is to injure competition for any motor fuel merchant or the affiliate of any motor fuel merchant to sell with such frequency as to indicate a general business practice of selling at a motor fuel outlet any grade, brand or blend of motor fuel for less than the cost of that grade, brand or blend of motor fuel except where (i) the price is established in good faith to meet or compete with the lower price of a competitor in the same market area on the same level of distribution selling the same or comparable product of like quality, (ii) the price remains in effect for no more than 10 days after the first sale of that grade, brand or blend by the merchant at a new retail outlet, (iii) the sale is made in good faith to dispose of a grade, brand or blend of motor fuel for the purpose of discontinuing sales of that product, or (iv) the sale is made pursuant to the order or authority of any court or governmental agency.

Source: <https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_75/GS_75-82.html>

North Carolina · retail · prohibition — State below-cost motor fuel selling laws and minimum-markup percentages


**State:** Florida

**Applies to:** retail (refiner)

**Rule:** prohibition

**Law name:** Predatory practices unlawful; exceptions.

**Statute citation:** F.S. 526.304

**What is prohibited:** It is unlawful for any refiner engaged in commerce in this state to sell any grade or quality of motor fuel at a retail outlet below refiner cost, where the effect is to injure competition.

**Exceptions:** An isolated, inadvertent incident involving activity prohibited pursuant to subsection (1) or subsection (3) shall not be a violation of this act. (b) A refiner’s sale below refiner cost or a nonrefiner’s sale below nonrefiner cost made in good faith to meet an equally low retail price of a competitor selling motor fuel of like grade in the same relevant geographic market which can be used in the same motor vehicle, or of the same or similar items in combination with motor fuel of like grade which can be used in the same motor vehicle, is not a violation of this act.

> (1)(a) It is unlawful for any refiner engaged in commerce in this state to sell any grade or quality of motor fuel at a retail outlet below refiner cost, where the effect is to injure competition. (b) It is unlawful for any nonrefiner engaged in commerce in this state to sell any grade or quality of motor fuel at a retail outlet below nonrefiner cost, where the effect is to injure competition. (2)(a) An isolated, inadvertent incident involving activity prohibited pursuant to subsection (1) or subsection (3) shall not be a violation of this act. (b) A refiner’s sale below refiner cost or a nonrefiner’s sale below nonrefiner cost made in good faith to meet an equally low retail price of a competitor selling motor fuel of like grade in the same relevant geographic market which can be used in the same motor vehicle, or of the same or similar items in combination with motor fuel of like grade which can be used in the same motor vehicle, is not a violation of this act.

Source: <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0526/Sections/0526.304.html>

Florida · retail (refiner) · prohibition — State below-cost motor fuel selling laws and minimum-markup percentages