NY Agric & Mkts L § 192-E (2021)
2021 New York Laws AGM - Agriculture and Markets Article 16 - Weights and Measures 192-E - Sale and Delivery of Liquefied Petroleum Gas.

§ 192-e. Sale  and delivery of liquefied petroleum gas. 1. Definition.   For the purpose of this section "liquefied petroleum gas" shall mean any   material or substance which is predominantly  composed  of  any  of  the   following  hydrocarbons  or  mixtures  of  the same: propane, propylene,   butane, normal or iso-, and butylene.2. Liquefied petroleum gas shall  be  sold  or  offered  for  sale  by   avoirdupois  net  weight, by liquid measure based on the standard United   States gallon of two hundred and thirty-one cubic inches, by cubic  feet   based  on  the  standard  cubic  foot  of one thousand seven hundred and   twenty-eight cubic inches, or by the appropriate  units  in  the  metric   system, or multiple or decimal subdivisions of those units as determined   by the commissioner.3.  When  liquefied petroleum gas is sold, offered or exposed for sale   by package weight, variations at the  rate  of  one  percent  under  the   specified  net  weight  of  the  container  are  permitted in individual   containers, but the average weight of not less  than  twelve  containers   shall not be less than the marked net weight of the containers.4.  Containers  used  where  the gas content is sold by package weight   must have the tare  weight  plainly  and  conspicuously  marked  on  the   container or on permanently attached appurtenances, and the net contents   plainly  and  conspicuously marked on the container or on a tag or other   type of label firmly attached thereto. Tare weight shall be construed to   be the weight of the container, valve and other permanent attachment but   does not include  the  valve-protecting  cap;  provided,  however,  that   disposable  containers weighing five pounds or less when filled shall be   exempt from the tare weight marking requirements.5. When liquefied petroleum gas is sold or delivered in  package  form   and  the cylinder or container is connected to the consumer's apparatus,   such cylinder or container shall neither  be  disconnected  nor  removed   from  the  premises  before  it becomes empty, except as may be provided   hereinafter.   When removed  before  becoming  empty  such  cylinder  or   container  shall  be  weighed by the seller to determine the quantity of   liquefied petroleum gas remaining in such cylinder or  container  and  a   written  receipt  issued  to  the  purchaser  or  consumer  stating such   quantity and  the  amount  of  the  credit  due.  When  weighed  on  the   customer's  premises,  weight  shall  be  subject to verification by the   seller at  the  dealer  distribution  point  or  the  filling  plant  to   determine  whether  credit  is due the customer. A cylinder or container   shall be considered empty when the  gross  weight  of  the  cylinder  or   container does not exceed the tare weight as marked within the tolerance   allowed.6. Each delivery of liquefied petroleum gas sold on a package basis in   cylinders  or containers to consumers and each delivery of such gas from   a vehicle tank or other  vessel  into  tanks,  cylinders  or  containers   connected  to  consumer  apparatus  when  sale is based on a quantity so   delivered, shall be accompanied  by  a  delivery  ticket  and  duplicate   thereof.  On  such  ticket  and  duplicate  thereof  shall be distinctly   expressed in ink or other indelible substance the date of delivery,  the   net  weight  or  volume  of  such liquefied petroleum gas delivered, the   price per unit of metric or customary measure, the total price, the name   and address of the seller and the name and address of the  purchaser  of   such  liquefied  petroleum  gas;  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.  Delivery   tickets  shall be serially numbered or the serial number of the cylinder   or container shall be legibly marked on such  delivery  ticket.  One  of   such  tickets  shall  be delivered to the person receiving the liquefied    petroleum gas, and the other ticket shall be retained by the  seller  of   the  liquefied  petroleum  gas  for  a  period  of one year and shall be   subject to inspection by any weights and measures official  within  this   time.  For systems equipped with the capability of issuing an electronic   receipt, ticket or other recorded representation, the  customer  may  be   given  the  option to receive any required information electronically by   means of a cellular  telephone,  mobile  telephone,  computer,  computer   tablet  or  any  other  personal  electronic  device,  in  lieu of or in   addition to a hard copy.7. The use of artificial heat for the purpose of  expanding  liquefied   petroleum  gas  before or during the process of delivery, when the basis   of settlement for such sale or delivery is liquid volume, is prohibited.8. a. New meters for measuring liquefied petroleum  gas  sold  in  the   vapor  state  shall be sealed by the manufacturer thereof as hereinafter   provided or by a weights and measures  official.  The  commissioner  may   prescribe  by regulation the specifications and tolerances governing the   testing and sealing of such meters and the  method  of  determining  the   quantity  of liquefied petroleum gas, and may authorize any manufacturer   or distributor of liquefied petroleum  gas  to  seal  used  meters  upon   written  agreement  to conform to said regulations. The commissioner may   revoke for cause the authority so given by him to  any  manufacturer  or   distributor of liquefied petroleum gas.b.  Meters  equipped  with automatic temperature compensation shall be   sealed and may be used to compute all retail and wholesale transactions.9. The provisions of this article shall not apply to  interstate  tank   car  and  transport  truck  deliveries  to  bulk  storage, nor to public   utility systems using pipes or other fixtures in the public highways  or   streets  for  the  transmission of liquefied petroleum gas and operating   under the jurisdiction of the public service commission of  this  state,   nor  to  any  public service company whose operations are subject to the   jurisdiction of the said public service commission.