2006 New York Code - Sale And Delivery Of Liquefied Petroleum Gas.

 
    § 192-e. Sale and delivery of liquefied petroleum gas. 1.  Definition.
  For the purpose of this section "liquefied petroleum gas" shall mean any
  material  or  substance  which  is  predominantly composed of any of the
  following hydrocarbons or mixtures  of  the  same:  propane,  propylene,
  butane, normal or iso-, and butylene.
    2.  Liquefied  petroleum  gas  shall  be  sold  or offered for sale by
  avoirdupois net weight, by liquid measure based on the  standard  United
  States  gallon of two hundred and thirty-one cubic inches, by cubic feet
  based on the standard cubic foot  of  one  thousand  seven  hundred  and
  twenty-eight  cubic  inches,  or  by the appropriate units in the metric
  system, or multiple or decimal subdivisions of those units as determined
  by the commissioner.
    3. When liquefied petroleum gas is sold, offered or exposed  for  sale
  by  package  weight,  variations  at  the  rate of one percent under the
  specified net weight  of  the  container  are  permitted  in  individual
  containers,  but  the  average weight of not less than twelve containers
  shall not be less than the marked net weight of the containers.
    4. Containers used where the gas content is  sold  by  package  weight
  must  have  the  tare  weight  plainly  and  conspicuously marked on the
  container or on permanently attached appurtenances, and the net contents
  plainly and conspicuously marked on the container or on a tag  or  other
  type  of  label firmly attached thereto.  Tare weight shall be construed
  to be the weight of the container, valve and other permanent  attachment
  but  does  not include the valve-protecting cap; provided, however, that
  disposable containers weighing five pounds or less when filled shall  be
  exempt from the tare weight marking requirements.
    5.  When  liquefied petroleum gas is sold or delivered in package form
  and the cylinder or container is connected to the consumer's  apparatus,
  such  cylinder  or  container  shall neither be disconnected nor removed
  from the premises before it becomes empty, except  as  may  be  provided
  hereinafter.  When  removed  before  becoming  empty  such  cylinder  or
  container shall be weighed by the seller to determine  the  quantity  of
  liquefied  petroleum  gas  remaining in such cylinder or container and a
  written receipt  issued  to  the  purchaser  or  consumer  stating  such
  quantity  and  the  amount  of  the  credit  due.  When  weighed  on the
  customer's premises, weight shall be  subject  to  verification  by  the
  seller  at  the  dealer  distribution  point  or  the  filling  plant to
  determine whether credit is due the customer. A  cylinder  or  container
  shall  be  considered  empty  when  the  gross weight of the cylinder or
  container does not exceed the tare weight as marked within the tolerance
  allowed.
    6. Each delivery of liquefied petroleum gas sold on a package basis in
  cylinders or containers to consumers and each delivery of such gas  from
  a  vehicle  tank  or  other  vessel  into tanks, cylinders or containers
  connected to consumer apparatus when sale is  based  on  a  quantity  so
  delivered,  shall  be  accompanied  by  a  delivery ticket and duplicate
  thereof. On such  ticket  and  duplicate  thereof  shall  be  distinctly
  expressed  in ink or other indelible substance the date of delivery, the
  net weight or volume of such  liquefied  petroleum  gas  delivered,  the
  price per unit of metric or customary measure, the total price, the name
  and  address  of the seller and the name and address of the purchaser of
  such liquefied petroleum gas;  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. Delivery
  tickets shall be serially numbered or the serial number of the  cylinder
  or  container  shall  be  legibly marked on such delivery ticket. One of
  such tickets shall be delivered to the person  receiving  the  liquefied
  petroleum  gas,  and the other ticket shall be retained by the seller of
  the liquefied petroleum gas for a  period  of  one  year  and  shall  be
  subject  to  inspection by any weights and measures official within this
  time.
    7.  The  use of artificial heat for the purpose of expanding liquefied
  petroleum gas before or during the process of delivery, when  the  basis
  of settlement for such sale or delivery is liquid volume, is prohibited.
    8.  a.  New  meters  for measuring liquefied petroleum gas sold in the
  vapor state shall be sealed by the manufacturer thereof  as  hereinafter
  provided  or  by  a  weights and measures official. The commissioner may
  prescribe by regulation the specifications and tolerances governing  the
  testing  and  sealing  of  such meters and the method of determining the
  quantity of liquefied petroleum gas, and may authorize any  manufacturer
  or  distributor  of  liquefied  petroleum  gas  to seal used meters upon
  written agreement to conform to said regulations.  The commissioner  may
  revoke  for  cause  the authority so given by him to any manufacturer or
  distributor of liquefied petroleum gas.
    b. Meters equipped with automatic temperature  compensation  shall  be
  sealed and may be used to compute all retail and wholesale transactions.
    9.  The  provisions of this article shall not apply to interstate tank
  car and transport truck  deliveries  to  bulk  storage,  nor  to  public
  utility  systems using pipes or other fixtures in the public highways or
  streets for the transmission of liquefied petroleum  gas  and  operating
  under  the  jurisdiction of the public service commission of this state,
  nor to any public service company whose operations are  subject  to  the
  jurisdiction of the said public service commission.