NY Agric & Mkts L § 179 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 16 - Weights and Measures 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.