a. Except as provided in subdivision five of section one hundred ninety-two of the agriculture and markets law, it shall be unlawful for any person, in connection with the sale or offer for sale at retail of any petroleum products for use in motor vehicles or motor boats, to post or maintain at such place of sale any sign, placard or other display that states the price at which such petroleum products are sold or offered for sale, except as follows:
1. The price on such sign, placard or other display shall be stated by the unit of the measure at which such petroleum products are customarily sold at retail and shall include all applicable taxes;
2. The name, trade name, brand, mark or symbol, and grade or quality classification, if any, and method of processing of such petroleum products shall be clearly stated on such sign, placard or other display, and, if such petroleum products are sold without identification by name, trade name, brand, mark or symbol, such sign, placard or other display shall refer clearly to such petroleum products as unbranded;
3. In relation to the sale of gasoline for use in motor vehicles or motor boats, the price for the lowest grade of gasoline offered for sale shall be stated; and
4. Where the price for purchases made with cash or other specified form of payment is less than the price for purchases made with any other form of payment, such sign, poster, or placard shall state the price for each type of accepted payment.
b. A retail dealer shall only sell petroleum products at the price stated on any sign, placard or other display subject to subdivision a of this section. It shall be unlawful to raise the price stated on any sign, placard or other display subject to subdivision a of this section for at least 24 hours.
c. All numbers referring to price shall be the same height, width and thickness. Identification of the petroleum products offered for sale, and any non-numerical language distinguishing the prices charged for different forms of payment shall be in letters and numbers not less than one-half of the height, width and thickness of the numbers referring to price. Letters and numbers shall be black on a white background or displayed on an illuminated light-emitting diode sign.
d. Price per gallon indicator. Except as otherwise provided in article sixteen of the agriculture and markets law or in any rule or regulations promulgated thereunder, every gasoline or diesel motor fuel dispensing device shall be equipped with a price per gallon indicator that shall correspond with the price per gallon stated on any sign, placard or other display subject to subdivision a of this section.
e. Price indicator. Every gasoline or diesel motor fuel dispensing device shall be equipped with a total delivery indicator that shall record the correct price computed on the basis of the stated price per gallon and number of gallons delivered.
f. Notwithstanding the foregoing, subdivisions a, b and c of this section shall not apply to the posting of information and labeling of dispensing devices with respect to the lead content of gasoline for motor vehicles, which shall be governed by the provisions of subdivision d and e of section 20-673.1 of this subchapter and any rules or regulations promulgated thereunder, and subdivisions a, b and c of this section shall not apply to the posting of information and labeling of dispensing devices with respect to the octane rating of gasoline for motor vehicles, which shall be governed by the provisions of subdivision d of section 20-673.2 of this subchapter and any rules or regulations promulgated thereunder.
g. Every gasoline or diesel motor fuel dispensing device that is not in proper working order shall be marked with a sign, placard or other display according to specifications that the commissioner shall set by rule.
(Am. L.L. 2015/079, 9/2/2015, eff. 2/29/2016; Am. L.L. 2015/080, 9/2/2015, eff. 2/29/2016; Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.