2023 New York Laws › AGM - Agriculture and Markets › Article 16 - Weights and Measures › 192 - Sale and Delivery of Petroleum Products.

§ 192. Sale and delivery of petroleum products.  1. No device shall be
used  for  the  purpose  of  dispensing and measuring petroleum products
unless the owner of such device has complied with  section  one  hundred
eighty-two of this article.
2.  a.  Devices equipped with automatic temperature compensation shall
be  used  only  if  the  device  is  used  exclusively   for   wholesale
transactions.
b.  Automatic  and non-automatic temperature compensation shall not be
applied to retail sales of petroleum products.
3. Any person owning or operating any vehicle used for the delivery of
any petroleum product and carrying any weighing,  measuring  or  pricing
device used in relation thereto shall submit such vehicle for inspection
and  testing to the weights and measures official of the municipality in
which such vehicle is principally stored or kept. Such submission  shall
be  done at least annually and at a location designated by the municipal
director.
4. Except where otherwise agreed to by the  parties  in  writing,  all
petroleum  products  delivered from a vehicle shall be measured by meter
or other measuring device. Where petroleum  products  delivered  from  a
vehicle are measured by meter, the seller shall provide the buyer with a
mechanically  prepared  metered  document  which  shall  show the actual
quantities  of  all  grades  of  petroleum  products  delivered.   Where
petroleum  products  delivered from a vehicle are not measured by meter,
the seller shall provide  the  buyer  a  mechanically  prepared  metered
document  which  shall  show  the  actual  quantities  of  all grades of
petroleum products transferred to the vehicle. The delivery ticket shall
also contain the name and address of the  seller  and  buyer,  the  date
delivered,  price  per  unit measure and total price; 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.  All deliveries of home heating fuel oil shall be measured
by meter, the delivery tickets shall be serially numbered,  and  a  copy
retained by the seller for a period of one year.
5. a. It shall be unlawful for any person, firm or corporation to sell
or  offer  for  sale at retail for use in internal combustion engines in
motor vehicles or motorboats any motor fuel unless such seller shall:
(i) post and keep posted on the  dispensing  device  from  which  such
motor  fuel  is  sold  or  offered  for sale a sign or placard, at least
twelve inches in height and at least twelve  inches  in  width,  stating
clearly and legibly with the whole cent numerals at least nine inches in
height and at least two inches in width, the selling price per gallon of
such motor fuel; or
(ii)  where  such  individual pump or dispensing device dispenses more
than two differently priced grades of motor fuel, only the  highest  and
lowest  selling  price per gallon of such motor fuel dispensed therefrom
must be posted thereon in conformance with all other provisions of  this
subdivision; or
(iii)  where  a  multiple  product  dispensing  device  is  capable of
dispensing multiple products at multiple prices, then the selling  price
per  gallon  may  be posted thereon with numerals at least one-half that
height and one-half that width required  by  subparagraph  (i)  of  this
paragraph,  although  numerals  representing  tenths  of  a  cent may be
displayed at no less than one-half those dimensions which  disclose  the
selling price per gallon of such motor fuel dispensed therefrom.
The  signs  and  selling  prices  shall  be posted so as to be clearly
visible to the driver of an approaching motor vehicle or motorboat.  The
name,   trade  name,  brand,  mark  or  symbol,  and  grade  of  quality

classification, if any of such motor fuel shall be permanently imprinted
on said motor fuel dispensing device. The provisions of this subdivision
shall not apply to a city, county, town or  village  which  has  already
enacted  and  continues  in  effect  a  local  law,  ordinance,  rule or
regulation  in  substantial  conformity  with  this   subdivision.   The
provisions of this subdivision shall be enforced in the counties outside
the  city  of  New  York  by  the county or city director of weights and
measures, as the case may be, and  in  the  city  of  New  York  by  the
department of consumer affairs.
b.  Any  person  who  shall violate the provisions of this subdivision
shall be liable to a civil penalty of not more than one hundred  dollars
and  for  any subsequent violation shall be liable to a civil penalty of
not more than five hundred dollars.
6. Gasoline stations; air pumps required. a. Definition.  As  used  in
this  subdivision:  "dealer" shall mean any person owning or operating a
premise or facility with four or more gas  dispensing  nozzles  for  the
retail sale of motor fuels for use in motor vehicles.
b. Any dealer must provide on the premises where motor fuel is sold at
retail  for  use  in  motor  vehicles  a  functioning  motor  driven air
compressor capable of inflating automobile tires for  use  by  customers
during hours in which such station is open for business. Jurisdiction in
all  matters  pertaining to this subdivision shall be vested exclusively
in the state. Any provision of any local law or ordinance or any rule or
regulation promulgated thereto governing  tire  inflation  operation  or
equipment  shall  upon  the effective date of the chapter of the laws of
two thousand twenty that amended this paragraph be preempted. Nothing in
this  section  shall  be  construed  to  restrict  a  municipality  from
enforcing  the provisions of this subdivision as it relates to providing
functioning tire inflation equipment as required by the commissioner.
c. Wilful failure to comply with the provisions  of  this  subdivision
shall  subject  a dealer to a civil penalty of up to twenty-five dollars
for each day such failure occurs. If the failure to comply results  from
the  breakdown  of  the  air  compressor, the failure to repair within a
reasonable time shall constitute wilful conduct.