2023 New York Laws › AGM - Agriculture and Markets › Article 16 - Weights and Measures › 192-B - Fuel Lead Content Labelling and Requirements.

§ 192-b. Fuel lead content labelling and requirements. 1. For purposes
of this section, the following terms shall have the following meanings:
(a)  "Distributor"  shall  mean any person who transports or stores or
causes the transportation or storage of gasoline at  any  point  between
any  plant  at  which  gasoline  is  produced  and  any retail outlet or
facility of a wholesale purchaser-consumer.
(b) "Gasoline" shall mean any fuel sold for use in motor vehicles  and
motor  vehicle  engines,  and  commonly or commercially known or sold as
gasoline.
(c) "Lead additive" shall mean any substance containing lead  or  lead
compounds.
(d)  "Leaded  gasoline" shall mean gasoline which is produced with the
use of any lead additive or which contains more than five one hundredths
of a gram of lead per gallon or more than five one thousandths of a gram
of phosphorus per gallon.
(e) "Refiner" shall  mean  any  person  who  owns,  leases,  operates,
controls or supervises a plant at which gasoline is produced.
(f) "Reseller" shall mean any person who purchases gasoline identified
by  the corporate, trade or brand name of a refiner from such refiner or
a distributor and resells or transfers  it  to  retailers  or  wholesale
purchaser-consumers  displaying the refiner's brand, and whose assets or
facilities are not substantially owned, leased  or  controlled  by  such
refiner.
(g)  "Retail outlet" shall mean any establishment at which gasoline is
sold or offered for sale for use in motor vehicles.
(h) "Retailer" shall mean  any  person  who  owns,  leases,  operates,
controls, or supervises a retail outlet.
(i)  "Unleaded gasoline" shall mean gasoline which is produced without
the use of any lead additive and which contains not more than  five  one
hundredths  of  a  gram  of  lead  per gallon and not more than five one
thousandths of a gram of phosphorus per gallon.
(j) "Wholesale purchaser-consumer" shall mean any organization that is
an ultimate consumer of gasoline and which purchases or obtains gasoline
from a supplier for use in motor vehicles and receives delivery of  that
product  into  a  storage  tank  of  at  least five hundred fifty gallon
capacity substantially under the control of that organization.
2. No distributor shall sell or transfer  to  any  other  distributor,
retailer   or   wholesale   purchaser-consumer  any  gasoline  which  is
represented to be  unleaded  unless  such  gasoline  meets  the  defined
requirements  for unleaded gasoline set forth in subdivision one of this
section.
3. No retailer or employee or agent of a retailer,  and  no  wholesale
purchaser-consumer    or    employee    or    agent   of   a   wholesale
purchaser-consumer, shall sell, dispense  or  offer  for  sale  gasoline
represented  to  be  unleaded  unless  such  gasoline  meets the defined
requirements for unleaded gasoline set forth in subdivision one of  this
section.
4. Every retailer and wholesale purchaser-consumer shall affix to each
gasoline  pump  stand  in  a location so as to be readily visible to the
employees of such retailer or wholesale purchaser-consumer and to person
operating motor vehicles into  which  gasoline  is  to  be  dispensed  a
permanent  legible  label  as  follows:  (i)  for  gasoline  pump stands
containing pumps  for  introduction  of  unleaded  gasoline  into  motor
vehicles,  the  label  shall  state:  "Unleaded  gasoline"; and (ii) for
gasoline  pump  stands  containing  pumps  for  introduction  of  leaded
gasoline  into  motor  vehicles,  the  label shall state: "Contains lead
anti-knock compounds"; provided, however, that where more than one grade

of unleaded gasoline is offered for sale at a retail outlet,  compliance
with this subdivision is required for only one grade.
5. Notwithstanding any other provisions of law to the contrary, in any
proceeding  to  adjudicate  a  violation  of  subdivision  four  of this
section, a retailer or wholesale purchaser-consumer may be found not  to
be  liable  for  violation  thereof where it is shown that more than one
grade of gasoline is dispensed from a gasoline pump or pump stand and it
is  demonstrated  to  the  satisfaction  of  the  commissioner  that  an
alternative   system   of  labeling  furthers  the  objectives  of  such
subdivision.
6. Any violation of subdivision three of this section by a retailer or
wholesale purchaser-consumer shall also be deemed a violation by:
(a) the reseller, if any, and the refiner, where the corporate,  trade
or  brand  name  of  such  refiner  or any of its marketing subsidiaries
appears on the pump stand or  is  displayed  at  the  retail  outlet  or
wholesale  purchaser-consumer facility from which the gasoline was sold,
dispensed or offered for sale. Except as provided in  subdivision  seven
of this section, the refiner shall be deemed in violation of subdivision
three  of  this  section  irrespective  of  whether  any  other refiner,
distributor, retailer or wholesale purchaser-consumer may have caused or
permitted the violation; or
(b)  the   distributor   who   sold   such   retailer   or   wholesale
purchaser-consumer gasoline contained in the storage tank which supplied
the pump from which the gasoline was sold, dispensed or offered for sale
which  gave  rise  to the violation, where the corporate, trade or brand
name of a refiner or any of its marketing subsidiaries does  not  appear
on the pump stand and is not displayed at the retail outlet or wholesale
purchaser-consumer  facility from which the gasoline was sold, dispensed
or offered for sale.
7. (a) In any case in which a retailer or wholesale purchaser-consumer
and any refiner or distributor would be in violation  or  be  deemed  in
violation  of  subdivision  three  of  this  section,  the  retailer  or
wholesale purchaser-consumer shall not  be  liable  if  he  or  she  can
demonstrate  by  a  preponderance of the evidence that the violation was
not caused by such retailer or wholesale purchaser-consumer  or  his  or
her employee or agent.
(b)  In  any  case in which a retailer or wholesale purchaser-consumer
would be in violation of  subdivision  three  of  this  section,  and  a
reseller,  if  any,  and  any refiner would be deemed in violation under
paragraph (a) of subdivision six of this section, the refiner shall  not
be  deemed  in violation if he or she can demonstrate by a preponderance
of the evidence:
(1) that the violation was not caused by such refiner or  his  or  her
employee or agent, and
(2)  that  the violation was caused by an act in violation of any law,
other than the provisions of  this  section,  or  an  act  of  sabotage,
vandalism,  or  deliberate  commingling of leaded and unleaded gasoline,
whether or not such acts are violations of law in the jurisdiction where
the violation of the requirements of this section occurred, or
(3) that the violation was caused by the action of  a  reseller  or  a
retailer  supplied  by  such  reseller,  in  violation  of a contractual
undertaking imposed by the refiner on such reseller designed to  prevent
such  action,  and  despite  reasonable efforts by the refiner to insure
compliance with such contractual obligation, such as periodic  sampling,
or
(4)  that  the violation was caused by the action of a retailer who is
supplied directly by the refiner and not by a reseller, in violation  of
a  contractual  undertaking  imposed  by  the  refiner  on such retailer

designed to prevent such action, and despite reasonable efforts  by  the
refiner  to  insure compliance with such contractual obligation, such as
periodic sampling, or
(5)  that  the  violation was caused by the action of a distributor or
other refiner subject to a contract with the refiner for  transportation
of  gasoline  from  a  terminal  to a distributor, retailer or wholesale
purchaser-consumer, in violation of a contractual undertaking imposed by
the refiner on such distributor designed to  prevent  such  action,  and
despite reasonable efforts by the refiner to insure compliance with such
contractual obligation, such as periodic sampling, or
(6)  that  the violation was caused by a distributor (such as a common
carrier) or other refiner not subject to a contract with the refiner but
engaged by him or her for transportation of gasoline from a terminal  to
a   distributor,   retailer  or  wholesale  purchaser-consumer,  despite
reasonable efforts by the  refiner  to  prevent  such  action,  such  as
specification or inspection of equipment, or
(7)  that  the  violation  occurred  at a wholesale purchaser-consumer
facility; provided, however, that if such  wholesale  purchaser-consumer
was  supplied  by  a  reseller,  the  refiner  must demonstrate that the
violation could not have been prevented by  such  reseller's  compliance
with  a  contractual undertaking imposed by the refiner on such reseller
as provided in subparagraph three of this paragraph.
(8) For purposes of subparagraphs two through six of  this  paragraph,
the  term  "was  caused"  means  that  the refiner must demonstrate by a
preponderance of the evidence that the violation was caused by another.
(c) In any case in which a retailer  or  wholesale  purchaser-consumer
would  be  in  violation  of  subdivision  three  of this section, and a
reseller and any refiner would be deemed in  violation  under  paragraph
(a) of subdivision six of this section, the reseller shall not be deemed
in  violation  if  he  or  she can demonstrate by a preponderance of the
evidence that the violation was not caused by such reseller  or  his  or
her employee or agent.
(d)  In  any  case in which a retailer or wholesale purchaser-consumer
would be in violation of subdivision three  of  this  section,  and  any
distributor  would  be  deemed  in  violation  under  paragraph  (b)  of
subdivision six of this section, the distributor will not be  deemed  in
violation  if  he  or  she  can  demonstrate  by  a preponderance of the
evidence that the violation was not caused by such distributor or his or
her employee or agent.
8. (a)  The  commissioner  or  the  commissioner's  designee,  or  the
director  of  a  municipal  consumer  affairs  office  or the director's
designee, and/or a municipal director of weights  and  measures  or  the
director's designee, upon presentation of appropriate credentials, shall
be authorized to enter during regular business hours upon or through the
business  premises of any person who sells or offers for sale automotive
gasoline or other petroleum products for use in motor  vehicles  or  any
place  where  such  gasoline  or  petroleum  product  is stored, for the
purposes of making inspections, taking samples and conducting  tests  to
determine compliance with the provisions of this section or any rules or
regulations   promulgated   hereunder  and  under  section  one  hundred
seventy-nine of this chapter.
(b) Whenever the commissioner, or the director of a municipal consumer
affairs office and/or a municipal director of weights and measures,  has
reason  to  believe  that  a  violation  of  this section or any rule or
regulation adopted pursuant to this section  has  occurred,  he  or  she
shall  be  authorized to make such investigation as he or she shall deem
necessary, and to the extent necessary for this purpose, he or  she  may

examine  any  person  and  may  compel  the  production  of all relevant
records.
(c)  Any  person  subject  to  the  provisions  of  this section shall
maintain such written records as the commissioner, or the director of  a
municipal consumer affairs office and/or a municipal director of weights
and measures, may prescribe by regulation.
9.  (a)  Any person who violates the provisions of this section or any
rules or regulations promulgated thereunder shall be liable for a  civil
penalty of not less than five hundred dollars nor more than ten thousand
dollars.
(b)  In  the  case of a violation through continuing failure to comply
with any of the provisions of this section or any rules  or  regulations
promulgated  thereunder,  each  day  of  the continuance of such failure
shall be treated as a separate violation.
(c)  The  civil  penalties  prescribed  by  the  provisions  of   this
subdivision  may be imposed by the commissioner, or by the director of a
municipal consumer affairs office or a municipal director of weights and
measures, as the case may be, after due notice and an opportunity to  be
heard  have  been  provided or may be recovered in a civil action in the
name of the state, or the municipality, as the case may be, commenced in
a court of competent jurisdiction. A right of action for the recovery of
a liability for the civil penalties incurred as provided in this section
may be released, settled or  compromised  by  the  commissioner  or  the
director of a municipal consumer affairs office or municipal director of
weights  and  measures  before  the  matter  is referred to the attorney
general as provided in section forty-four of this  chapter,  or  by  the
attorney for the municipality, as the case may be, and thereafter may be
released, settled or compromised by the attorney general or the attorney
for  the  municipality,  as  the  case may be, either before or after an
action is brought  to  recover  such  penalty.  The  commissioner  or  a
director  of a municipal consumer affairs office or a municipal director
of weights and measures may apply for  an  injunction  to  restrain  any
person  subject  to  the  provisions  of  this  section from the further
violation of such provisions or for such other relief as the court deems
proper. Any plaintiff seeking such  relief  shall  not  be  required  to
furnish  security and the costs of the application may be granted in the
discretion of the court.
(d) Notwithstanding the foregoing, the commissioner, or  the  director
of  a  municipal  consumer affairs office and/or a municipal director of
weights and measures, as the case may be, in a  manner  consistent  with
the  rules,  regulations or policies of such commissioner or director or
directors, as the case may be, shall cause to  be  published  once  each
month  the name and business location of any person, firm or corporation
that has been found to have  violated  any  provision  of  this  section
during the month immediately preceding.
(e)  The  provisions  of  sections thirty-nine, forty and forty-one of
this  chapter  shall  not  apply  to  a  violation  described  in   this
subdivision.
10.  The  provisions  of  this section and the regulations promulgated
thereunder may be enforced concurrently by the director of  a  municipal
consumer  affairs  office  and/or  a  municipal  director of weights and
measures, except that nothing in this section or in  subdivision  three,
twelve  or  nineteen of section one hundred seventy-nine of this article
or in section one hundred ninety-two-a or one  hundred  ninety-two-c  or
one  hundred ninety-two-d of this article shall be construed to prohibit
a political subdivision of the state from also continuing  to  implement
and  enforce  any local law and regulations that were in effect prior to
the date  this  section  took  effect,  and  any  subsequent  amendments

thereto,  provided  such local law and regulations or amendments thereto
are not inconsistent with requirements imposed by the provisions of this
section  or  by  regulations   adopted   pursuant   to   this   section.
Notwithstanding  the  provisions  of section forty-five of this chapter,
all  moneys  collected  hereunder  at  the  instance  of   a   municipal
enforcement officer shall be retained by the municipality.
11.  Nothing  in this section shall be deemed to limit or restrict the
authority of the commissioner of  environmental  conservation  to  adopt
rules  and  regulations that affect the composition, storage, transport,
handling or commerce of petroleum products for the purpose of preventing
or decreasing pollution pursuant to the environmental conservation law.
12. The commissioner shall have the authority to promulgate such rules
and regulations as the commissioner shall deem necessary  to  effectuate
the purposes of this section, consistent with its provisions.