STATE OF NEW YORK
________________________________________________________________________
8110
IN SENATE
March 29, 2018
___________
Introduced by Sen. RITCHIE -- (at request of the Department of Agricul-
ture and Markets) -- read twice and ordered printed, and when printed
to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
posting of prices for motor fuel and diesel fuel grade posting
requirements
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph a of subdivision 5 of section 192 of the agricul-
2 ture and markets law, as amended by chapter 101 of the laws of 1986, is
3 amended to read as follows:
4 a. It shall be unlawful for any person, firm or corporation to sell or
5 offer for sale at retail for use in internal combustion engines in motor
6 vehicles or motorboats any motor fuel unless such seller shall:
7 (i) post and keep posted on the individual pump or dispensing device
8 from which such motor fuel is [sold or] offered for sale a sign [or],
9 placard or electronic display, at least [twelve] six inches in height
10 and at least [twelve] six inches in width, stating clearly and legibly
11 with [the] whole cent numerals at least [nine] four and one-half inches
12 in height and at least [two inches] one inch in width, the selling price
13 per gallon of such [motor] fuel[; or]. If the individual pump or
14 dispensing device from which such motor fuel is sold only dispenses a
15 single grade of motor fuel, the sign, placard or electronic display
16 shall be at least twelve inches in height and at least twelve inches in
17 width, stating clearly and legibly with whole cent numerals at least
18 nine inches in height and at least two inches in width, the selling
19 price per gallon of such motor fuel. Price contract sales and retailer
20 promotions are excluded from the requirements of this subparagraph. For
21 purposes of this subdivision, a price contract sale means a sale where a
22 written agreement exists, prior to the point of sale, in which both
23 buyer and seller have accepted pricing conditions of sale.
24 (ii) when a grade of motor fuel is offered for sale from the same
25 dispensing device, post each selling price per gallon as determined by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14320-01-8
S. 8110 2
1 the method of payment (e.g., cash, credit or debit). Price contract
2 sales and retailer promotions are excluded from this requirement.
3 [(ii)] (iii) where such individual pump or dispensing device dispenses
4 more than [two] four differently priced grades of motor fuel, post only
5 the highest and lowest selling price per gallon of such motor fuel
6 dispensed therefrom [must be posted] thereon in conformance with all
7 other provisions of this subdivision[; or].
8 [(iii) where a multiple product dispensing device is capable of
9 dispensing multiple products at multiple prices, then the selling price
10 per gallon may be posted thereon with numerals at least one-half that
11 height and one-half that width required by subparagraph (i) of this
12 paragraph, although numerals representing tenths of a cent may be
13 displayed at no less than one-half those dimensions which disclose the
14 selling price per gallon of such motor fuel dispensed therefrom.]
15 (iv) where the price per gallon of motor fuel is also advertised on a
16 sign placed other than on an individual pump or dispensing device, such
17 sign shall:
18 (A) clearly set forth the grade of motor fuel to which the price
19 refers; and
20 (B) if such price is conditioned upon a particular method of payment,
21 retailer promotion or price contract sale, that condition shall be
22 clearly displayed in close proximity to the price, and in letters not
23 less than three-eighths the size of the numbers stating the price per
24 gallon. The information contained on the individual pump or dispensing
25 device with respect to any price conditioned on a particular method of
26 payment shall not conflict with the information on a sign placed other
27 than on an individual pump or dispensing device.
28 Nothing in this section shall be construed to prohibit a political
29 subdivision of the state from continuing to implement and enforce any
30 local law or regulation which regulates motor fuel pricing advertised on
31 a sign placed other than on an individual pump or dispensing device that
32 was in effect prior to the effective date of this subparagraph. Where a
33 political subdivision has such a local law or regulation in effect prior
34 to the effective date of this subparagraph, the provisions of this
35 subparagraph and subparagraph (iv) of this paragraph shall have no force
36 and effect until such time as the political subdivision repeals its
37 local law or regulation. After the effective date of this subparagraph,
38 no political subdivision of the state shall adopt a local law or regu-
39 lation which regulates motor fuel pricing advertised on a sign placed
40 other than on an individual pump or dispensing device.
41 The signs and selling prices shall be posted so as to be clearly visi-
42 ble to the driver of an approaching motor vehicle or motorboat. The
43 name, trade name, brand, mark or symbol, and grade of quality classi-
44 fication, if any of such motor fuel shall be permanently imprinted on
45 said motor fuel dispensing device. The provisions of this subdivision
46 shall not apply to a city, county, town or village which has already
47 enacted and continues in effect a local law, ordinance, rule or regu-
48 lation in substantial conformity with this subdivision. The provisions
49 of this subdivision shall be enforced in the counties outside the city
50 of New York by the county or city director of weights and measures, as
51 the case may be, and in the city of New York by the department of
52 consumer affairs.
53 § 2. The section title, paragraph b of subdivision 3 and paragraph b
54 of subdivision 5 of section 192-c of the agriculture and markets law, as
55 added by chapter 716 of the laws of 1989, are amended to read as
56 follows:
S. 8110 3
1 Motor fuel standards and labelling; [cetane rating] grade of diesel
2 fuel; alcohol content.
3 b. A refiner, distributor or reseller shall not transfer, sell or
4 dispense diesel motor fuel in this state without delivering to the
5 purchaser a bill, invoice or other instrument evidencing the transaction
6 which shall indicate the [cetane rating] grade of such diesel motor
7 fuel.
8 b. A retailer shall not transfer, sell, dispense or offer diesel motor
9 fuel for sale in this state unless the retail petroleum dispensing
10 device displays a sign disclosing the [minimum cetane rating] grade.
11 § 3. This act shall take effect on the sixtieth day after it shall
12 have become a law.