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

For Minnesota · retail · prohibition, state is Minnesota; applies to is retail; rule is prohibition; law name is UNLAWFUL GASOLINE SALES; statute citation is 325D.71, recorded from its source on 2026-08-20; source re-checked 2026-09-01.

- **State:** Minnesota _(our reading, not quoted from the source)_
- **Applies to:** retail _(our reading, not quoted from the source)_
- **Rule:** prohibition _(our reading, not quoted from the source)_
- **Law name:** UNLAWFUL GASOLINE SALES _(verified: appears in the quote below)_
- **Statute citation:** 325D.71 _(verified: appears in the quote below)_
- **What is prohibited:** Any offer for sale of gasoline by a retailer by way of posted price or indicating meter that is below cost _(verified: appears in the quote below)_
- **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. _(verified: appears in the quote below)_

## What the source says

> (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

Last verified: 2026-09-01. Review by: 2027-02-16.
Part of [State below-cost motor fuel selling laws and minimum-markup percentages](https://referencesource.org/motor-fuel-minimum-markup-laws-by-state/).