Loading...
a. Definitions. For purposes of this section, the following terms shall have the following meanings:
1. "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.
2. "Gasoline" shall mean any fuel sold for use in motor vehicles and motor vehicle engines, and commonly or commercially known or sold as gasoline.
3. "Lead additive" shall mean any substance containing lead or lead compounds.
4. "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.
5. "Refiner" shall mean any person who owns, leases, operates, controls or supervises a plant at which gasoline is produced.
6. "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.
7. "Retail outlet" shall mean any establishment at which gasoline is sold or offered for sale for use in motor vehicles.
8. "Retailer" shall mean any person who owns, leases, operates, controls, or supervises a retail outlet.
9. "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.
10. "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.
b. 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 a of this section.
c. 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 a of this section.
d. 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 persons 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.
e. Notwithstanding any other provisions of law to the contrary, in any proceeding to adjudicate a violation of subdivision d 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.
f. Any violation of subdivision c of this section by a retailer or wholesale purchaser-consumer shall also be deemed a violation by:
(1) 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 g of this section, the refiner shall be deemed in violation of subdivision c of this section irrespective of whether any other refiner, distributor, retailer or wholesale purchaser-consumer may have caused or permitted the violation; or
(2) 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.
g. (1) 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 c of this section, the retailer or wholesale purchaser-consumer shall not be liable if he or she can demonstrate that the violation was not caused by such retailer or wholesale purchaser-consumer or his or her employee or agent.
(2) In any case in which a retailer or wholesale purchaser-consumer would be in violation of subdivision c of this section, and a reseller, if any, and any refiner would be deemed in violation under paragraph one of subdivision f of this section, the refiner shall not be deemed in violation if he or she can demonstrate:
(a) that the violation was not caused by such refiner or his or her employee or agent, and
(b) 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
(c) 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
(d) 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
(e) that the violation was caused by the action of a distributor 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
(f) that the violation was caused by a distributor (such as a common carrier) 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
(g) 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 c of this paragraph.
(h) For purposes of subparagraphs (b) through (f) of this paragraph, the term "was caused" means that the refiner must demonstrate by reasonably specific showings by direct or circumstantial evidence that the violation was caused or must have been caused by another.
(3) In any case in which a retailer or wholesale purchaser-consumer would be in violation of subdivision c of this section, and a reseller and any refiner would be deemed in violation under paragraph one of subdivision f of this section, the reseller shall not be deemed in violation if he or she can demonstrate that the violation was not caused by such reseller or his or her employee or agent.
(4) In any case in which a retailer or wholesale purchaser-consumer would be in violation of subdivision c of this section, and any distributor would be deemed in violation under paragraph two of subdivision f of this section, the distributor will not be deemed in violation if he or she can demonstrate that the violation was not caused by such distributor or his or her employee or agent.
a. For purposes of this section, the following terms shall have the following meanings:
1. "Gasoline" shall mean gasoline of a type distributed for use as a fuel in any motor vehicle.
2. "Distributor" shall mean any person who receives gasoline and distributes such gasoline to another person other than the ultimate purchaser.
3. "Retailer" shall mean any person who markets gasoline to the general public for ultimate consumption.
4. "Knock" shall mean the combustion of a fuel spontaneously in localized areas of a cylinder of a spark-ignition engine, instead of the combustion of such fuel progressing from the spark.
5. "Octane rating" shall mean the rating of the anti-knock characteristics of a grade or type of gasoline as determined by dividing by two the sum of the research octane number plus the motor octane number, unless another procedure is prescribed under paragraph three of 15 U.S.C. § 2823(c), in which case such term shall mean the rating of such characteristics as determined under the procedure so prescribed.
6. "Refiner" shall mean any person engaged in the refining of crude oil to produce gasoline or the importation of gasoline.
7. "Research octane number" and "motor octane number" shall have the meaning given such terms in the specifications of the American Society for Testing and Materials (ASTM) entitled "Standard Specifications for Automotive Gasoline" designated D 439 and, with respect to any grade or type of gasoline, are determined in accordance with test methods set forth in ASTM standard test methods designated D 2699 and D 2700, or such other meaning given such terms in any regulations promulgated by the federal trade commission pursuant to 15 U.S.C. § 2823.
8. "Ultimate purchaser" shall mean, with respect to any item, the first person who purchases such item for purposes other than resale.
b. Each refiner who distributes gasoline shall:
(1) determine the octane rating of any such gasoline; and
(2) if such refiner distributes such gasoline to any person other than the ultimate purchaser, certify, consistent with the determination made under paragraph one of this subdivision, the octane rating of such gasoline.
c. Each distributor who receives gasoline, the octane rating of which is certified to the distributor under this section, and distributes such gasoline to another person other than the ultimate purchaser shall certify to such other person the octane rating of such gasoline consistent with:
(1) the octane rating of such gasoline certified to such distributor; or
(2) if such distributor elects, in accordance with the regulations of the federal trade commission, the octane rating of such gasoline determined by such distributor.
d. Each retailer shall display at the point of sale to ultimate purchasers of gasoline, the octane rating of such gasoline, in accordance with the posting requirements and label specifications to be prescribed by the commissioner by regulation. Such octane rating shall be consistent with:
(1) the octane rating of such gasoline certified to such retailer under paragraph two of subdivision b of this section or under subdivision c of this section;
(2) if such retailer elects, in accordance with the regulations of the federal trade commission, the octane rating of such gasoline determined by such retailer for such gasoline; or
(3) if such retailer is a refiner, the octane rating of such gasoline determined under paragraph one of subdivision b of this section.
e. No person who distributes gasoline may make any representation respecting the anti-knock characteristics of such gasoline unless such representation fairly discloses the octane rating of such gasoline consistent with such gasoline's octane rating as certified to, or determined by, such person under the foregoing subdivisions of this section.
f. For purposes of this section, the octane rating of any gasoline shall be considered to be certified, displayed or represented by any person consistent with the rating certified to, or determined by, such person:
(1) in the case of gasoline which consists of a blend of two or more quantities of gasoline of differing octane ratings, only if the rating certified, displayed or represented by such person is the average of the octane ratings of such quantities, weighted by volume; or
(2) in the case of gasoline which does not consist of such a blend, only if the octane rating such person certifies, displays or represents is the same as the octane rating of such gasoline certified to, or determined by, such person.
a. The commissioner or the commissioner's designee, upon presentation of appropriate credentials, shall be authorized to enter upon or through the business premises of any person who sells or offers for sale gasoline or other petroleum products for use in motor vehicles or motor boats or any place where such gasoline or petroleum products is stored, for the purposes of making inspections, taking samples and conducting tests to determine compliance with the provisions of this subchapter or any rules or regulation promulgated hereunder.
b. Whenever the commissioner has reason to believe that a violation of this subchapter or any rule or regulation 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 subchapter shall maintain such written records as the commissioner may prescribe by regulation.
Loading...