2006 New York Code - Sale Of Unleaded Gasoline.

 
    §  20-673.1 Sale of unleaded gasoline. a. Definitions. For purposes of
  this section, the following terms shall have the following meanings:
    1. "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.
    2.  "Gasoline"  shall mean any fuel sold for use in motor vehicles and
  motor vehicle engines, and commonly or commercially  known  or  sold  as
  gasoline.
    3.  "Lead  additive"  shall mean any substance containing lead or lead
  compounds.
    4. "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.
    5.  "Refiner"  shall  mean  any  person  who  owns,  leases, operates,
  controls or supervises a plant at which gasoline is produced.
    6. "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.
    7.  "Retail  outlet" shall mean any establishment at which gasoline is
  sold or offered for sale for use in motor vehicles.
    8. "Retailer" shall  mean  any  person  who  owns,  leases,  operates,
  controls, or supervises a retail outlet.
    9.  "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.    10.  "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.
    b. 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 a of this
  section.
    c. 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  a  of  this
  section.
    d. 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.     e.
  Notwithstanding any other provisions of law  to  the  contrary,  in  any
  proceeding to adjudicate a violation of subdivision d 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.
    f. Any violation of subdivision c of this section  by  a  retailer  or
  wholesale purchaser-consumer shall also be deemed a violation by:
    (1)  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 g of
  this section, the refiner shall be deemed in violation of subdivision  c
  of  this section irrespective of whether any other refiner, distributor,
  retailer or wholesale purchaser-consumer may have  caused  or  permitted
  the violation; or
    (2)   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.    g.  (1)  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 c of this section,
  the retailer or wholesale purchaser-consumer shall not be liable  if  he
  or  she  can  demonstrate  that  the  violation  was  not caused by such
  retailer or wholesale purchaser-consumer  or  his  or  her  employee  or
  agent.      (2)   In   any   case  in  which  a  retailer  or  wholesale
  purchaser-consumer would be  in  violation  of  subdivision  c  of  this
  section,  and  a  reseller,  if  any, and any refiner would be deemed in
  violation under paragraph one of subdivision  f  of  this  section,  the
  refiner shall not be deemed in violation if he or she can demonstrate:
    (a)  that  the  violation was not caused by such refiner or his or her
  employee or agent, and (b) 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
    (c) 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
    (d)  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
    (e) that the violation was caused  by  the  action  of  a  distributor
  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
    (f)  that  the violation was caused by a distributor (such as a common
  carrier) 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
    (g) 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 c of this paragraph.
    (h)  For  purposes of subparagraphs (b) through (f) of this paragraph,
  the term "was  caused"  means  that  the  refiner  must  demonstrate  by
  reasonably  specific  showings by direct or circumstantial evidence that
  the violation was caused or must have been caused by another.
    (3) In any case in which a retailer  or  wholesale  purchaser-consumer
  would  be  in violation of subdivision c of this section, and a reseller
  and any refiner would be deemed in  violation  under  paragraph  one  of
  subdivision  f  of  this  section,  the  reseller shall not be deemed in
  violation if he or she can demonstrate that the violation was not caused
  by such reseller or his or her employee or agent.
    (4) In any case in which a retailer  or  wholesale  purchaser-consumer
  would  be  in  violation  of  subdivision  c  of  this  section, and any
  distributor  would  be  deemed  in  violation  under  paragraph  two  of
  subdivision  f  of  this  section, the distributor will not be deemed in
  violation if he or she can demonstrate that the violation was not caused
  by such distributor or his or her employee or agent.