S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4065
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M. of A. WEPRIN, MOSLEY, OTIS, THIELE -- Multi-Sponsored
   by -- M. of A.  COOK, CROUCH, PERRY, RIVERA -- read once and  referred
   to the Committee on Consumer Affairs and Protection
 
 AN  ACT  to amend the agriculture and markets law and the executive law,
   in relation to protecting consumers from  price  gouging  and  product
   tampering of gasoline
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph a of subdivision 5 of section 192 of the agricul-
 ture and markets law, as amended by chapter 101 of the laws of 1986,  is
 amended to read as follows:
   a. It shall be unlawful for any person, firm or corporation to sell or
 offer for sale at retail for use in internal combustion engines in motor
 vehicles or motorboats any motor fuel unless such seller shall:
   (i)  post  and  keep  posted  on the dispensing device from which such
 motor fuel is sold or offered for sale  a  sign  or  placard,  at  least
 twelve  inches  in  height  and at least twelve inches in width, stating
 clearly and legibly with the whole cent numerals at least nine inches in
 height and at least two inches in width, the selling price per gallon of
 such motor fuel; or
   (ii) where such individual pump or dispensing  device  dispenses  more
 than  two  differently priced grades of motor fuel, only the highest and
 lowest selling price per gallon of such motor fuel  dispensed  therefrom
 must  be posted thereon in conformance with all other provisions of this
 subdivision; or
   (iii) where  a  multiple  product  dispensing  device  is  capable  of
 dispensing  multiple products at multiple prices, then the selling price
 per gallon may be posted thereon with numerals at  least  one-half  that
 height  and  one-half  that  width  required by subparagraph (i) of this
 paragraph, although numerals  representing  tenths  of  a  cent  may  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08410-01-9
              

 A. 4065                             2
 
 displayed  at  no less than one-half those dimensions which disclose the
 selling price per gallon of such motor fuel dispensed therefrom;
   (IV)  POST  AND  KEEP  POSTED ON THE DISPENSING DEVICE FROM WHICH SUCH
 MOTOR FUEL IS SOLD OR OFFERED FOR SALE A SIGN OR PLACARD, OF A  SIZE  TO
 BE  DETERMINED  BY  THE  COMMISSIONER,  STATING  CLEARLY AND LEGIBLY, IN
 SUBSTANTIALLY SIMILAR FORM:
   NOTICE TO CONSUMERS: IF YOU HAVE A COMPLAINT REGARDING THIS  BUSINESS,
 YOU MAY CALL THE FOLLOWING TOLL-FREE NEW YORK STATE HOTLINE: (INSERT THE
 CURRENT  TELEPHONE  NUMBER  ESTABLISHED  BY  THE DEPARTMENT OF STATE FOR
 RECEIVING COMPLAINTS FROM CONSUMERS PURSUANT TO SUBPARAGRAPH 16 OF PARA-
 GRAPH A OF SUBDIVISION 3 OF SECTION 94-A OF THE EXECUTIVE LAW).
   The signs and selling prices shall be posted so as to be clearly visi-
 ble to the driver of an approaching  motor  vehicle  or  motorboat.  The
 name,  trade  name,  brand, mark or symbol, and grade of quality classi-
 fication, if any of such motor fuel shall be  permanently  imprinted  on
 said  motor  fuel  dispensing device. The provisions of this subdivision
 shall not apply to a city, county, town or  village  which  has  already
 enacted  and  continues  in effect a local law, ordinance, rule or regu-
 lation in substantial conformity with this subdivision.  The  provisions
 of  this  subdivision shall be enforced in the counties outside the city
 of New York by the county or city director of weights and  measures,  as
 the  case  may  be,  and  in  the  city of New York by the department of
 consumer affairs.  THE COMMISSIONER, BY RULE, SHALL ESTABLISH  THE  SIZE
 OF  THE  SIGN  OR PLACARD REQUIRED UNDER SUBPARAGRAPH (IV) OF THIS PARA-
 GRAPH.
   § 2. Paragraph a of subdivision 3 of section 94-a of the executive law
 is amended by adding a new subparagraph 16 to read as follows:
   (16) (I) NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY, ESTABLISH A
 TOLL-FREE TELEPHONE NUMBER  FOR  RECEIVING  COMPLAINTS  RELATED  TO  THE
 RETAIL  SALE  OF  MOTOR  FUEL.  THE  TOLL-FREE NUMBER MAY BE AN EXISTING
 NUMBER ESTABLISHED BY THE DEPARTMENT OF STATE  FOR  RECEIVING  INQUIRIES
 FROM CONSUMERS.
   (II) EMPLOYEES OF THE DEPARTMENT OF STATE, UPON RECEIPT OF A COMPLAINT
 FROM  A  CONSUMER  THROUGH  MEANS OF THE TOLL-FREE NUMBER ESTABLISHED IN
 CLAUSE (I) OF THIS SUBPARAGRAPH, SHALL  FORWARD  THE  CONTENTS  OF  SUCH
 COMPLAINT TO THE DEPARTMENT OF AGRICULTURE AND MARKETS AND THE APPROPRI-
 ATE MUNICIPALITY OR LOCAL GOVERNMENT.
   §  3. This act shall take effect April 1, 2020; except that clause (i)
 of subparagraph 16 of paragraph a of subdivision 3 of  section  94-a  of
 the  executive  law,  as  added  by  section two of this act, shall take
 effect immediately.  Effective immediately, any  rules  and  regulations
 necessary  to implement the provisions of this act on its effective date
 are authorized to be amended, promulgated and/or repealed on  or  before
 such date.