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SECTION 192-B
Fuel lead content labelling and requirements
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 16
§ 192-b. Fuel lead content labelling and requirements. 1. For purposes
of this section, the following terms shall have the following meanings:

(a) "Distributor" shall mean any person who transports or stores or
causes the transportation or storage of gasoline at any point between
any plant at which gasoline is produced and any retail outlet or
facility of a wholesale purchaser-consumer.

(b) "Gasoline" shall mean any fuel sold for use in motor vehicles and
motor vehicle engines, and commonly or commercially known or sold as
gasoline.

(c) "Lead additive" shall mean any substance containing lead or lead
compounds.

(d) "Leaded gasoline" shall mean gasoline which is produced with the
use of any lead additive or which contains more than five one hundredths
of a gram of lead per gallon or more than five one thousandths of a gram
of phosphorus per gallon.

(e) "Refiner" shall mean any person who owns, leases, operates,
controls or supervises a plant at which gasoline is produced.

(f) "Reseller" shall mean any person who purchases gasoline identified
by the corporate, trade or brand name of a refiner from such refiner or
a distributor and resells or transfers it to retailers or wholesale
purchaser-consumers displaying the refiner's brand, and whose assets or
facilities are not substantially owned, leased or controlled by such
refiner.

(g) "Retail outlet" shall mean any establishment at which gasoline is
sold or offered for sale for use in motor vehicles.

(h) "Retailer" shall mean any person who owns, leases, operates,
controls, or supervises a retail outlet.

(i) "Unleaded gasoline" shall mean gasoline which is produced without
the use of any lead additive and which contains not more than five one
hundredths of a gram of lead per gallon and not more than five one
thousandths of a gram of phosphorus per gallon.

(j) "Wholesale purchaser-consumer" shall mean any organization that is
an ultimate consumer of gasoline and which purchases or obtains gasoline
from a supplier for use in motor vehicles and receives delivery of that
product into a storage tank of at least five hundred fifty gallon
capacity substantially under the control of that organization.

2. No distributor shall sell or transfer to any other distributor,
retailer or wholesale purchaser-consumer any gasoline which is
represented to be unleaded unless such gasoline meets the defined
requirements for unleaded gasoline set forth in subdivision one of this
section.

3. No retailer or employee or agent of a retailer, and no wholesale
purchaser-consumer or employee or agent of a wholesale
purchaser-consumer, shall sell, dispense or offer for sale gasoline
represented to be unleaded unless such gasoline meets the defined
requirements for unleaded gasoline set forth in subdivision one of this
section.

4. Every retailer and wholesale purchaser-consumer shall affix to each
gasoline pump stand in a location so as to be readily visible to the
employees of such retailer or wholesale purchaser-consumer and to person
operating motor vehicles into which gasoline is to be dispensed a
permanent legible label as follows: (i) for gasoline pump stands
containing pumps for introduction of unleaded gasoline into motor
vehicles, the label shall state: "Unleaded gasoline"; and (ii) for
gasoline pump stands containing pumps for introduction of leaded
gasoline into motor vehicles, the label shall state: "Contains lead
anti-knock compounds"; provided, however, that where more than one grade
of unleaded gasoline is offered for sale at a retail outlet, compliance
with this subdivision is required for only one grade.

5. Notwithstanding any other provisions of law to the contrary, in any
proceeding to adjudicate a violation of subdivision four of this
section, a retailer or wholesale purchaser-consumer may be found not to
be liable for violation thereof where it is shown that more than one
grade of gasoline is dispensed from a gasoline pump or pump stand and it
is demonstrated to the satisfaction of the commissioner that an
alternative system of labeling furthers the objectives of such
subdivision.

6. Any violation of subdivision three of this section by a retailer or
wholesale purchaser-consumer shall also be deemed a violation by:

(a) the reseller, if any, and the refiner, where the corporate, trade
or brand name of such refiner or any of its marketing subsidiaries
appears on the pump stand or is displayed at the retail outlet or
wholesale purchaser-consumer facility from which the gasoline was sold,
dispensed or offered for sale. Except as provided in subdivision seven
of this section, the refiner shall be deemed in violation of subdivision
three of this section irrespective of whether any other refiner,
distributor, retailer or wholesale purchaser-consumer may have caused or
permitted the violation; or

(b) the distributor who sold such retailer or wholesale
purchaser-consumer gasoline contained in the storage tank which supplied
the pump from which the gasoline was sold, dispensed or offered for sale
which gave rise to the violation, where the corporate, trade or brand
name of a refiner or any of its marketing subsidiaries does not appear
on the pump stand and is not displayed at the retail outlet or wholesale
purchaser-consumer facility from which the gasoline was sold, dispensed
or offered for sale.

7. (a) In any case in which a retailer or wholesale purchaser-consumer
and any refiner or distributor would be in violation or be deemed in
violation of subdivision three of this section, the retailer or
wholesale purchaser-consumer shall not be liable if he or she can
demonstrate by a preponderance of the evidence that the violation was
not caused by such retailer or wholesale purchaser-consumer or his or
her employee or agent.

(b) In any case in which a retailer or wholesale purchaser-consumer
would be in violation of subdivision three of this section, and a
reseller, if any, and any refiner would be deemed in violation under
paragraph (a) of subdivision six of this section, the refiner shall not
be deemed in violation if he or she can demonstrate by a preponderance
of the evidence:

(1) that the violation was not caused by such refiner or his or her
employee or agent, and

(2) that the violation was caused by an act in violation of any law,
other than the provisions of this section, or an act of sabotage,
vandalism, or deliberate commingling of leaded and unleaded gasoline,
whether or not such acts are violations of law in the jurisdiction where
the violation of the requirements of this section occurred, or

(3) that the violation was caused by the action of a reseller or a
retailer supplied by such reseller, in violation of a contractual
undertaking imposed by the refiner on such reseller designed to prevent
such action, and despite reasonable efforts by the refiner to insure
compliance with such contractual obligation, such as periodic sampling,
or

(4) that the violation was caused by the action of a retailer who is
supplied directly by the refiner and not by a reseller, in violation of
a contractual undertaking imposed by the refiner on such retailer
designed to prevent such action, and despite reasonable efforts by the
refiner to insure compliance with such contractual obligation, such as
periodic sampling, or

(5) that the violation was caused by the action of a distributor or
other refiner subject to a contract with the refiner for transportation
of gasoline from a terminal to a distributor, retailer or wholesale
purchaser-consumer, in violation of a contractual undertaking imposed by
the refiner on such distributor designed to prevent such action, and
despite reasonable efforts by the refiner to insure compliance with such
contractual obligation, such as periodic sampling, or

(6) that the violation was caused by a distributor (such as a common
carrier) or other refiner not subject to a contract with the refiner but
engaged by him or her for transportation of gasoline from a terminal to
a distributor, retailer or wholesale purchaser-consumer, despite
reasonable efforts by the refiner to prevent such action, such as
specification or inspection of equipment, or

(7) that the violation occurred at a wholesale purchaser-consumer
facility; provided, however, that if such wholesale purchaser-consumer
was supplied by a reseller, the refiner must demonstrate that the
violation could not have been prevented by such reseller's compliance
with a contractual undertaking imposed by the refiner on such reseller
as provided in subparagraph three of this paragraph.

(8) For purposes of subparagraphs two through six of this paragraph,
the term "was caused" means that the refiner must demonstrate by a
preponderance of the evidence that the violation was caused by another.

(c) In any case in which a retailer or wholesale purchaser-consumer
would be in violation of subdivision three of this section, and a
reseller and any refiner would be deemed in violation under paragraph
(a) of subdivision six of this section, the reseller shall not be deemed
in violation if he or she can demonstrate by a preponderance of the
evidence that the violation was not caused by such reseller or his or
her employee or agent.

(d) In any case in which a retailer or wholesale purchaser-consumer
would be in violation of subdivision three of this section, and any
distributor would be deemed in violation under paragraph (b) of
subdivision six of this section, the distributor will not be deemed in
violation if he or she can demonstrate by a preponderance of the
evidence that the violation was not caused by such distributor or his or
her employee or agent.

8. (a) The commissioner or the commissioner's designee, or the
director of a municipal consumer affairs office or the director's
designee, and/or a municipal director of weights and measures or the
director's designee, upon presentation of appropriate credentials, shall
be authorized to enter during regular business hours upon or through the
business premises of any person who sells or offers for sale automotive
gasoline or other petroleum products for use in motor vehicles or any
place where such gasoline or petroleum product is stored, for the
purposes of making inspections, taking samples and conducting tests to
determine compliance with the provisions of this section or any rules or
regulations promulgated hereunder and under section one hundred
seventy-nine of this chapter.

(b) Whenever the commissioner, or the director of a municipal consumer
affairs office and/or a municipal director of weights and measures, has
reason to believe that a violation of this section or any rule or
regulation adopted pursuant to this section has occurred, he or she
shall be authorized to make such investigation as he or she shall deem
necessary, and to the extent necessary for this purpose, he or she may
examine any person and may compel the production of all relevant
records.

(c) Any person subject to the provisions of this section shall
maintain such written records as the commissioner, or the director of a
municipal consumer affairs office and/or a municipal director of weights
and measures, may prescribe by regulation.

9. (a) Any person who violates the provisions of this section or any
rules or regulations promulgated thereunder shall be liable for a civil
penalty of not less than five hundred dollars nor more than ten thousand
dollars.

(b) In the case of a violation through continuing failure to comply
with any of the provisions of this section or any rules or regulations
promulgated thereunder, each day of the continuance of such failure
shall be treated as a separate violation.

(c) The civil penalties prescribed by the provisions of this
subdivision may be imposed by the commissioner, or by the director of a
municipal consumer affairs office or a municipal director of weights and
measures, as the case may be, after due notice and an opportunity to be
heard have been provided or may be recovered in a civil action in the
name of the state, or the municipality, as the case may be, commenced in
a court of competent jurisdiction. A right of action for the recovery of
a liability for the civil penalties incurred as provided in this section
may be released, settled or compromised by the commissioner or the
director of a municipal consumer affairs office or municipal director of
weights and measures before the matter is referred to the attorney
general as provided in section forty-four of this chapter, or by the
attorney for the municipality, as the case may be, and thereafter may be
released, settled or compromised by the attorney general or the attorney
for the municipality, as the case may be, either before or after an
action is brought to recover such penalty. The commissioner or a
director of a municipal consumer affairs office or a municipal director
of weights and measures may apply for an injunction to restrain any
person subject to the provisions of this section from the further
violation of such provisions or for such other relief as the court deems
proper. Any plaintiff seeking such relief shall not be required to
furnish security and the costs of the application may be granted in the
discretion of the court.

(d) Notwithstanding the foregoing, the commissioner, or the director
of a municipal consumer affairs office and/or a municipal director of
weights and measures, as the case may be, in a manner consistent with
the rules, regulations or policies of such commissioner or director or
directors, as the case may be, shall cause to be published once each
month the name and business location of any person, firm or corporation
that has been found to have violated any provision of this section
during the month immediately preceding.

(e) The provisions of sections thirty-nine, forty and forty-one of
this chapter shall not apply to a violation described in this
subdivision.

10. The provisions of this section and the regulations promulgated
thereunder may be enforced concurrently by the director of a municipal
consumer affairs office and/or a municipal director of weights and
measures, except that nothing in this section or in subdivision three,
twelve or nineteen of section one hundred seventy-nine of this article
or in section one hundred ninety-two-a or one hundred ninety-two-c or
one hundred ninety-two-d of this article shall be construed to prohibit
a political subdivision of the state from also continuing to implement
and enforce any local law and regulations that were in effect prior to
the date this section took effect, and any subsequent amendments
thereto, provided such local law and regulations or amendments thereto
are not inconsistent with requirements imposed by the provisions of this
section or by regulations adopted pursuant to this section.
Notwithstanding the provisions of section forty-five of this chapter,
all moneys collected hereunder at the instance of a municipal
enforcement officer shall be retained by the municipality.

11. Nothing in this section shall be deemed to limit or restrict the
authority of the commissioner of environmental conservation to adopt
rules and regulations that affect the composition, storage, transport,
handling or commerce of petroleum products for the purpose of preventing
or decreasing pollution pursuant to the environmental conservation law.

12. The commissioner shall have the authority to promulgate such rules
and regulations as the commissioner shall deem necessary to effectuate
the purposes of this section, consistent with its provisions.