N.Y. Agriculture & Markets Law § 179: Powers and duties of the commissioner

§ 179. Powers and duties of the commissioner. The commissioner is

hereby authorized to:

1. Administer, supervise and enforce the provisions of this article.

2. Promulgate such rules and regulations as he may deem necessary to

supplement and give full effect to this article.

3. a. Adopt and incorporate by reference in such rules and regulations

any official handbook, or part thereof, published by the national bureau

of standards or its successor organization, the national institute of

standards and technology, and file any handbook, or part thereof, so

adopted with the secretary of state.

b. Adopt rules and regulations in consultation with the commissioner

of environmental conservation, setting forth standards relating to

petroleum product and alternative fuel quality, specifications, and

sampling and testing methods. Rules and regulations relating to octane

ratings and lead content of gasoline shall be consistent with applicable

federal statutes and regulations. Insofar as practicable, such rules and

regulations shall be consistent with standards established by the

National Institute of Standards and Technology and the American Society

for Testing and Materials. For the purpose of this section, the term

"alternative fuel" means alcohols such as ethanol, methanol, butanol and

non-petroleum liquid or gaseous fuels, other than alcohol, derived from

biological materials, suitable for use and consumption in the engine of

a motor vehicle.

4. Take charge of the standards adopted by this article as the primary

standards of the state; cause them to be kept in the principal office of

the department in the city of Albany, from which they shall not be

removed except for repairs or for certification; and take all other

precautions for their safekeeping.

5. Submit such primary standards to the national bureau of standards

or its successor organization, the national institute of standards and

technology, for certification as often as he may deem necessary or upon

the request of such bureau.

6. Maintain a complete set of copies of such primary standards, which

shall be used for adjusting municipal standards, and the primary

standards shall not be used except for the adjustment of this set of

copies.

7. Procure such apparatus, equipment and standards, if the same have

not already been procured, as are necessary in the comparison and

adjustment of municipal standards.

8. Keep a complete record of the standards, balances and other related

apparatus which are in his possession.

9. Inspect, either personally or through his authorized agents, as

often as he deems necessary but no less than once every two years, the

standards of weights and measures of each county and of each city which

maintains a weights and measures program; and at least every five years,

compare the same with those in his possession and make such corrections

in the municipal standards as are necessary; and keep a record of the

same.

10. Supervise the weights and measures, weighing and measuring devices

and systems, and accessories related thereto, which are sold, offered or

exposed for sale, or used in the state.

11. Test, calibrate and certify, upon the request of any person, firm

or corporation, standards of weights and measures, weighing and

measuring devices and systems, and accessories related thereto; and

charge such fees therefor as he deems appropriate.

12. (a) Establish specifications, amounts of tolerances and reasonable

variations allowable for weights and measures, weighing and measuring

devices and systems, and accessories relating thereto, for packaged

commodities sold, or offered or exposed for sale in the state, for the

composition and quality of petroleum products, and the testing methods

therefor, giving due recognition to federal and state requirements, and

enter into such written agreements as the commissioner may deem

appropriate, with federal agencies and other state agencies for the

purpose of establishing and enforcing uniform specifications and

tolerances and (b) establish, by regulation, and collect an appropriate

fee commensurate with costs, for the examination of all new types of

weighing and measuring devices and systems, and accessories relating

thereto prior to their introduction into commerce.

13. Inspect and test, either personally or through his authorized

agents, weights and measures, weighing and measuring devices and

systems, and accessories relating thereto which are used commercially

within the state by any person, firm or corporation in determining the

weight, measure or count of commodities or things sold, or offered or

exposed for sale on the basis of weight, measure or count, or in

computing the basic charge or payment for services rendered on the basis

of weight, measure or count, or in the case of coin counting machines

which are used commercially within the state by any coin processor

required to be licensed pursuant to article twenty-seven-A of the

general business law ("coin processor licensing act"), in determining an

accurate count of coins, in order to ascertain if such weights and

measures, weighing and measuring devices and systems, or accessories

related thereto are correct and are being used correctly; and charge

fees commensurate with the cost of each such inspection or test for

inspections and tests which are not otherwise conducted by

municipalities. The commissioner is also authorized to charge fees

commensurate with the cost of each such inspection or test for

inspections and tests conducted for the purpose of certifying municipal

weighing and measuring devices and systems. Fees authorized by this

subdivision shall be established by the commissioner by regulation.

14. Weigh, measure and inspect, either personally or through his

authorized agents, packaged commodities kept, offered or exposed for

sale, sold or in the process of delivery to determine whether such

packages contain the amounts represented and whether they are kept,

offered or exposed for sale in accordance with this article or the rules

and regulations promulgated pursuant thereto.

15. Cause to be tested, as often as he deems necessary by a weights

and measures official all weights and measures, weighing and measuring

devices and systems, and accessories related thereto, used in checking

the receipt or disbursement of supplies in every state agency or

institution, and report in writing to the head of the agency or

institution concerned; and, at the request of the head of any state

agency or institution, appoint in writing one or more employees, then in

actual service of such agency or institution, who shall act as special

deputies for the purpose of checking the receipt or disbursement of

supplies.

16. Supervise municipal weights and measures programs and, in

conjunction therewith, examine and evaluate, either personally or

through his authorized agents, such programs as often as he deems

necessary and report the results thereof.

17. Establish, jointly with the state civil service commission,

standards governing the qualifications and appointments of municipal

directors of weights and measures, their deputies and employees.

18. Provide technical assistance and training, and issue such

instructions to municipal weights and measures officials as he deems

appropriate to effectuate the provisions of this article. Such

instructions shall be binding upon and govern such officials in the

discharge of their duties.

19. a. Inspect, test, and take samples, of any and all petroleum

products and alternative fuel kept, offered or exposed for sale or in

the process of delivery or transport and inspect any and all documents

and records required to be maintained by this article. The commissioner

of taxation and finance may request from the commissioner cooperation

and technical assistance, including, among other things, the inspection,

testing and sampling of petroleum products, in connection with the

administration and enforcement of the fee and taxes imposed with respect

to such products by or pursuant to article twelve-A, thirteen-A,

twenty-eight or twenty-nine of the tax law.

b. Provide test kits, sample containers and shipping and custody

documents for municipal weights and measures programs and reimburse such

municipalities for the cost of petroleum product and alternative fuel

samples and sample shipping to a testing facility designated by the

commissioner.

c. Provide financial reimbursement to municipalities for activities

undertaken by municipal weights and measures programs, for one annual

inspection, screening test, and sample of fuel being held, kept, stored,

or transported in a terminal storage tank or in a storage tank located

at a retail fuel outlet and for all additional inspections of petroleum

products and alternative fuel prescribed by the commissioner. The

commissioner, by regulation, shall establish the amount of such

reimbursement and the means by which municipalities can qualify for such

reimbursement.

20. Pursuant to delegation from the commissioner of environmental

conservation under paragraph f of subdivision one of section 19-0301 of

the environmental conservation law, and notwithstanding any other

provision of this chapter, exercise the authority of the department of

environmental conservation to test fuels for conformance with applicable

standards and to enforce against violations of such standards.