2006 New York Code - Certification, Display And Representation Of Octane Rating.

 
    § 20-673.2 Certification, display and representation of octane rating.
  a.  For  purposes  of  this  section, the following terms shall have the
  following meanings:
    1. "Gasoline" shall mean gasoline of a type distributed for use  as  a
  fuel in any motor vehicle.
    2.  "Distributor"  shall  mean  any  person  who receives gasoline and
  distributes such gasoline to another  person  other  than  the  ultimate
  purchaser.
    3.  "Retailer"  shall  mean  any  person  who  markets gasoline to the
  general public for ultimate consumption.
    4. "Knock" shall mean  the  combustion  of  a  fuel  spontaneously  in
  localized areas of a cylinder of a spark-ignition engine, instead of the
  combustion of such fuel progressing from the spark.
    5."Octane   rating"   shall   mean   the   rating  of  the  anti-knock
  characteristics of a grade or type of gasoline as determined by dividing
  by two the sum of the research  octane  number  plus  the  motor  octane
  number,  unless another procedure is prescribed under paragraph three of
  subdivision c of section  twenty-eight  hundred  twenty-three  of  title
  fifteen  of  the  United States code, in which case such term shall mean
  the rating of such characteristics as determined under the procedure  so
  prescribed.
    6.  "Refiner"  shall  mean any person engaged in the refining of crude
  oil to produce gasoline or the importation of gasoline.
    7. "Research octane number" and "motor octane number" shall  have  the
  meaning  given  such terms in the specifications of the American Society
  for Testing and Materials (ASTM) entitled "Standard  Specifications  for
  Automotive  Gasoline" designated D 439 and, with respect to any grade or
  type of gasoline, are determined in accordance  with  test  methods  set
  forth  in  ASTM  standard  test methods designated D 2699 and D 2700, or
  such other meaning given such terms in any  regulations  promulgated  by
  the  federal  trade  commission pursuant to section twenty-eight hundred
  twenty-three of title fifteen of the United States code.
    8. "Ultimate purchaser" shall mean, with  respect  to  any  item,  the
  first person who purchases such item for purposes other than resale.
    b. Each refiner who distributes gasoline shall:
    (1) determine the octane rating of any such gasoline; and
    (2) if such refiner distributes such gasoline to any person other than
  the  ultimate purchaser, certify, consistent with the determination made
  under paragraph one of this  subdivision,  the  octane  rating  of  such
  gasoline.
    c.  Each distributor who receives gasoline, the octane rating of which
  is certified to the distributor under this section, and distributes such
  gasoline to another person  other  than  the  ultimate  purchaser  shall
  certify  to  such  other  person  the  octane  rating  of  such gasoline
  consistent with:
    (1) the octane rating of such gasoline certified to such  distributor;
  or
    (2)  if such distributor elects, in accordance with the regulations of
  the federal  trade  commission,  the  octane  rating  of  such  gasoline
  determined by such distributor.
    d.  Each  retailer  shall  display  at  the  point of sale to ultimate
  purchasers  of  gasoline,  the  octane  rating  of  such  gasoline,   in
  accordance  with the posting requirements and label specifications to be
  prescribed by the commissioner by regulation. Such octane  rating  shall
  be consistent with:
    (1)  the  octane  rating  of  such gasoline certified to such retailer
  under  paragraph  two  of  subdivision  b  of  this  section  or   under
  subdivision c of this section;


    (2) if such retailer elects, in accordance with the regulations of the
  federal  trade commission, the octane rating of such gasoline determined
  by such retailer for such  gasoline;  or  (3)  if  such  retailer  is  a
  refiner,  the  octane rating of such gasoline determined under paragraph
  one of subdivision b of this section.
    e.  No  person  who  distributes  gasoline may make any representation
  respecting the anti-knock characteristics of such gasoline  unless  such
  representation  fairly  discloses  the  octane  rating  of such gasoline
  consistent with such  gasoline's  octane  rating  as  certified  to,  or
  determined  by,  such  person  under  the foregoing subdivisions of this
  section.
    f. For purposes of this section, the octane  rating  of  any  gasoline
  shall  be  considered  to  be certified, displayed or represented by any
  person consistent with the rating certified to, or determined  by,  such
  person:
    (1)  in  the case of gasoline which consists of a blend of two or more
  quantities of gasoline of differing octane ratings, only if  the  rating
  certified, displayed or represented by such person is the average of the
  octane  ratings  of  such  quantities, weighted by volume; or (2) in the
  case of gasoline which does not consist of such a  blend,  only  if  the
  octane  rating such person certifies, displays or represents is the same
  as the octane rating of such gasoline certified to,  or  determined  by,
  such person.