2023 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.