Mass. Gen. Laws ch. 94, sec. 303F — MA Code / Part I / Title XV / Chapter 94 / Section 303F
Fuel oils or propane; delivery tickets; contents; use of copies; inspections; evidence; penalties
Status: in_force

Section 303F. Whoever sells or delivers fuel oils or propane in quantities of twenty gallons or over for heating or cooking purposes shall cause a delivery ticket, which shall consist of an original and at least one carbon copy thereof, to be issued. Said ticket shall be serially numbered for the purpose of identification and shall have the date of delivery as well as the names and addresses of the seller and of the purchaser legibly recorded on the ticket prior to delivery of the fuel oil or propane. A statement of quantity of fuel oil or propane delivered, in terms of gallons and fractions thereof, if any, the price per gallon, the grade of fuel, and the identity of the person making such delivery, shall also appear on the ticket. One copy of said ticket shall be delivered to the purchaser or his agent at the time of delivery of such fuel oil or propane unless the purchaser initiates a request in writing that the vendor deliver such ticket to another person or location, or that the delivery of such ticket be made at another time; provided, however, that a vendor using a delivery system equipped with the capability of issuing an electronic receipt, ticket or other recorded representation may give a purchaser the option to receive any information required under this section through electronic means in lieu of, or in addition to, a paper delivery ticket. If the purchaser opts to receive such information electronically, the vendor shall obtain the purchaser's consent in writing, which may be through electronic means. Another copy of the ticket shall be retained by the seller for a period of two months. The director or inspector of standards, sealer or deputy sealer, inspector or deputy inspector of weights and measures shall, at the time of delivery of fuel oil or propane, be authorized to enter and go into or upon, without warrant, any such vehicle to inspect or examine the metering system, vehicle tank compartments and delivery tickets then in the actual possession or under the control of the person making the delivery and may seize, without warrant, any such delivery tickets suspected of constituting a deceptive or fraudulent practice. No copy or retained delivery ticket shall be destroyed but may be voided and kept on file. On deliveries of fuel oils and propane made through a meter, the quantity determinations of the fuel oil or propane delivered, shall be mechanically printed on the ticket at the time of delivery. A sales sequence number shall also be mechanically printed on the ticket by the ticket printing mechanism of the metering system, unless the printing mechanism is of the cumulative type. The sales sequence number shall not be returnable to zero until it has reached its highest attainable number. Only one delivery ticket may be inserted into the ticket printing mechanism and in the case of vehicle tank meters said ticket shall not be inserted until immediately before a delivery is begun, and in no case shall a ticket be left in the printing mechanism when the vehicle is in motion while on a public street, highway, or thoroughfare. The possession of a preprinted ticket imprinted with a gallonage amount in advance of delivery shall be prima facie evidence of intent to use such ticket in violation of this section. Deliveries of fuel oil made from vehicle tank compartments, not measured at the time of sale by a sealed metering system, shall be made only from calibrated compartments which are filled to an indicator that has been sealed by a sealer or inspector of weights and measures. The preceding sentence shall not apply to the transfer, exchange or sale of fuel oil which is being transported between bulk storage facilities or to a purchaser who initiates a request in writing that he wishes to accept a carbon copy of the bulk storage metered loading ticket. Whoever violates any provision of this section shall be punished for the first offense by a fine of fifty dollars, for the second offense by a fine of two hundred dollars and for each subsequent offense by a fine of five hundred dollars or shall be subject to a civil citation as provided in section 29A of chapter 98. Whoever alters or substitutes a delivery ticket for fraudulent or deceptive purposes shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year or both.

Section 303F. Whoever sells or delivers fuel oils or propane in quantities of twenty gallons or over for heating or cooking purposes shall cause a delivery ticket, which shall consist of an original and at least one carbon copy thereof, to be issued. Said ticket shall be serially numbered for the purpose of identification and shall have the date of delivery as well as the names and addresses of the seller and of the purchaser legibly recorded on the ticket prior to delivery of the fuel oil or propane. A statement of quantity of fuel oil or propane delivered, in terms of gallons and fractions thereof, if any, the price per gallon, the grade of fuel, and the identity of the person making such delivery, shall also appear on the ticket. One copy of said ticket shall be delivered to the purchaser or his agent at the time of delivery of such fuel oil or propane unless the purchaser initiates a request in writing that the vendor deliver such ticket to another person or location, or that the delivery of such ticket be made at another time; provided, however, that a vendor using a delivery system equipped with the capability of issuing an electronic receipt, ticket or other recorded representation may give a purchaser the option to receive any information required under this section through electronic means in lieu of, or in addition to, a paper delivery ticket. If the purchaser opts to receive such information electronically, the vendor shall obtain the purchaser's consent in writing, which may be through electronic means. Another copy of the ticket shall be retained by the seller for a period of two months. The director or inspector of standards, sealer or deputy sealer, inspector or deputy inspector of weights and measures shall, at the time of delivery of fuel oil or propane, be authorized to enter and go into or upon, without warrant, any such vehicle to inspect or examine the metering system, vehicle tank compartments and delivery tickets then in the actual possession or under the control of the person making the delivery and may seize, without warrant, any such delivery tickets suspected of constituting a deceptive or fraudulent practice. No copy or retained delivery ticket shall be destroyed but may be voided and kept on file.

On deliveries of fuel oils and propane made through a meter, the quantity determinations of the fuel oil or propane delivered, shall be mechanically printed on the ticket at the time of delivery. A sales sequence number shall also be mechanically printed on the ticket by the ticket printing mechanism of the metering system, unless the printing mechanism is of the cumulative type. The sales sequence number shall not be returnable to zero until it has reached its highest attainable number.

Only one delivery ticket may be inserted into the ticket printing mechanism and in the case of vehicle tank meters said ticket shall not be inserted until immediately before a delivery is begun, and in no case shall a ticket be left in the printing mechanism when the vehicle is in motion while on a public street, highway, or thoroughfare. The possession of a preprinted ticket imprinted with a gallonage amount in advance of delivery shall be prima facie evidence of intent to use such ticket in violation of this section.

Deliveries of fuel oil made from vehicle tank compartments, not measured at the time of sale by a sealed metering system, shall be made only from calibrated compartments which are filled to an indicator that has been sealed by a sealer or inspector of weights and measures. The preceding sentence shall not apply to the transfer, exchange or sale of fuel oil which is being transported between bulk storage facilities or to a purchaser who initiates a request in writing that he wishes to accept a carbon copy of the bulk storage metered loading ticket.

Whoever violates any provision of this section shall be punished for the first offense by a fine of fifty dollars, for the second offense by a fine of two hundred dollars and for each subsequent offense by a fine of five hundred dollars or shall be subject to a civil citation as provided in section 29A of chapter 98. Whoever alters or substitutes a delivery ticket for fraudulent or deceptive purposes shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year or both.