Legislation

Search OpenLegislation Statutes
This entry was published on 2020-10-16
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 192
Sale and delivery of petroleum products
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 16
§ 192. Sale and delivery of petroleum products. 1. No device shall be
used for the purpose of dispensing and measuring petroleum products
unless the owner of such device has complied with section one hundred
eighty-two of this article.

2. a. Devices equipped with automatic temperature compensation shall
be used only if the device is used exclusively for wholesale
transactions.

b. Automatic and non-automatic temperature compensation shall not be
applied to retail sales of petroleum products.

3. Any person owning or operating any vehicle used for the delivery of
any petroleum product and carrying any weighing, measuring or pricing
device used in relation thereto shall submit such vehicle for inspection
and testing to the weights and measures official of the municipality in
which such vehicle is principally stored or kept. Such submission shall
be done at least annually and at a location designated by the municipal
director.

4. Except where otherwise agreed to by the parties in writing, all
petroleum products delivered from a vehicle shall be measured by meter
or other measuring device. Where petroleum products delivered from a
vehicle are measured by meter, the seller shall provide the buyer with a
mechanically prepared metered document which shall show the actual
quantities of all grades of petroleum products delivered. Where
petroleum products delivered from a vehicle are not measured by meter,
the seller shall provide the buyer a mechanically prepared metered
document which shall show the actual quantities of all grades of
petroleum products transferred to the vehicle. The delivery ticket shall
also contain the name and address of the seller and buyer, the date
delivered, price per unit measure and total price; provided, however,
that such delivery ticket need not set forth the total price if within
five days after delivery the seller provides the buyer with a written
statement setting forth all the foregoing information including the
total price. All deliveries of home heating fuel oil shall be measured
by meter, the delivery tickets shall be serially numbered, and a copy
retained by the seller for a period of one year.

5. 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
displayed at no less than one-half those dimensions which disclose the
selling price per gallon of such motor fuel dispensed therefrom.

The signs and selling prices shall be posted so as to be clearly
visible to the driver of an approaching motor vehicle or motorboat. The
name, trade name, brand, mark or symbol, and grade of quality
classification, 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
regulation 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.

b. Any person who shall violate the provisions of this subdivision
shall be liable to a civil penalty of not more than one hundred dollars
and for any subsequent violation shall be liable to a civil penalty of
not more than five hundred dollars.

6. Gasoline stations; air pumps required. a. Definition. As used in
this subdivision: "dealer" shall mean any person owning or operating a
premise or facility with four or more gas dispensing nozzles for the
retail sale of motor fuels for use in motor vehicles.

b. Any dealer must provide on the premises where motor fuel is sold at
retail for use in motor vehicles a functioning motor driven air
compressor capable of inflating automobile tires for use by customers
during hours in which such station is open for business. Jurisdiction in
all matters pertaining to this subdivision shall be vested exclusively
in the state. Any provision of any local law or ordinance or any rule or
regulation promulgated thereto governing tire inflation operation or
equipment shall upon the effective date of the chapter of the laws of
two thousand twenty that amended this paragraph be preempted. Nothing in
this section shall be construed to restrict a municipality from
enforcing the provisions of this subdivision as it relates to providing
functioning tire inflation equipment as required by the commissioner.

c. Wilful failure to comply with the provisions of this subdivision
shall subject a dealer to a civil penalty of up to twenty-five dollars
for each day such failure occurs. If the failure to comply results from
the breakdown of the air compressor, the failure to repair within a
reasonable time shall constitute wilful conduct.