N.Y. Agriculture & Markets Law § 192: Sale and delivery of petroleum products

§ 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.