Washington Report: The Value of Advocacy

NACS Day on Capitol Hill kicks off with an issues briefing and a networking reception with members of Congress and their staff. Today, attendees take our industry messages to the U.S. House of Representatives and Senate.

March 21, 2012

WASHINGTON - Industry advocacy on the issues important to the livelihood of the convenience and fuel retailing industry is in full effect today in Washington, with more than 100 retailers and industry stakeholders participating in 230 meetings with members of Congress.

NACS Day on Capitol Hill, taking place yesterday and today in Washington, D.C., gives our industry a platform to put grassroots advocacy efforts into action, as well as to build relationships with members of Congress and educate them on our businesses. NACS Vice President of Government Relations John Eichberger briefed attendees on the six key issues being discussed today with House and Senate leaders:

I. Fuels Liability Reform
NACS is anticipating the introduction of legislation that would provide fuel retailers the opportunity to sell new fuels in a responsible and legal manner. One of the key challenges facing retailers who want to sell new fuels, like higher ethanol blends above E10, which will be necessary to meet the mandated 36 billion gallons of renewable fuels that must be available in the marketplace by 2022, is equipment compatibility. Also, retailers can be held liable under Clean Air Act regulations if a customer misfuels their vehicle with a new fuel.

Attendees are on Capitol Hill today asking their elected officials to support "fuel neutral" legislation that ensures Environmental Protection Agency (EPA) equipment compatibility guidelines are recognized, protects retailers from misfueling liability and prevents retroactive liability if a fuel sold today is later declared defective.

II. PCI Data Security
If retailers are paying $10,000 to $20,000 per store to be PCI compliant, why aren??t they protected from liability in the event of a data breach? This is just one reason why members of Congress are hearing more today about why NACS and its members support an independent, consensus-based approach to long-term data security ?" and not a small group of companies that have a financial stake in the outcome of PCI standards.

Attendees are sharing why our industry needs their support on this issue and how the current patchwork approach is not a viable option. NACS supports and is a member of the X9 Committee accredited by ANSI and believes the work of this committee is the type of effective, long-term solution necessary to protect consumer data. Stay tuned for more on this issue in the coming months.

III. Menu Labeling
As part of the health-care reform law, a menu-labeling provision states that any store with 20 or more outlets operating under the same name must have nutritional information on their menu boards. As part of the implementation process, the Food and Drug Administration (FDA) issued a rule that says establishments with 50% or more of floor space dedicated to food, including packaged and pre-labeled food items, are subject to the law.

NACS is advocating for changes to these proposals, and Day on Capitol Hill attendees are asking House members to support menu-labeling regulations that would only affect stores that generate 50% of their revenue from food sales (food for immediate consumption or food that is prepared and processed onsite). Prepackaged food would not be included in this calculation.

IV. Roll Your Own Tobacco

The myth about roll-your-own-tobacco (RYO) creates a "David versus Goliath" scenario, but the reality is that legislation supported by NACS seeks to provide regulatory certainty that is compromised by the use of lower-taxed pipe tobacco in RYO machines.

Attendees are asking House members to support H.R. 4134, a bill introduced by Rep. Diane Black (R-TN) that would level the playing field for all retailers selling tobacco products and provide long-term regulatory and tax certainty. The legislation does not call for a new tax on RYO cigarettes made with a commercial RYO machine ?" it simply ensures that all state and federal tobacco taxes are legally collected.

V. Gas Prices
While gas prices are not an advocacy issue, it is a topic attendees are being asked about by members of Congress and their staff. This is the perfect opportunity for retailers to tell their story and share insights from the NACS Retail Fuels Report.

IV. Credit Card Swipe Fees
Also not an advocacy issue, attendees are thanking members of Congress who supported the industry on this issue. They are also reminding members that credit card fees are still outrageous, costing our industry $11.3 billion in 2011.

NACS Day on Capitol Hill ends today, but our industry??s advocacy efforts are ongoing. If you couldn??t attend this year, consider coming to Washington next year, attending an Industry Update Luncheon or meeting with your members of Congress back home in their district office. To learn more, visit nacsonline.com/grassroots.

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