S T A T E O F N E W Y O R K
________________________________________________________________________
7546
I N S E N A T E
May 15, 2014
___________
Introduced by Sen. LANZA -- 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 and the executive law,
in relation to protecting consumers from price gouging and product
tampering of gasoline
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 dispensing device from which such
8 motor fuel is sold or offered for sale a sign or placard, at least
9 twelve inches in height and at least twelve inches in width, stating
10 clearly and legibly with the whole cent numerals at least nine inches in
11 height and at least two inches in width, the selling price per gallon of
12 such motor fuel; or
13 (ii) where such individual pump or dispensing device dispenses more
14 than two differently priced grades of motor fuel, only the highest and
15 lowest selling price per gallon of such motor fuel dispensed therefrom
16 must be posted thereon in conformance with all other provisions of this
17 subdivision; or
18 (iii) where a multiple product dispensing device is capable of
19 dispensing multiple products at multiple prices, then the selling price
20 per gallon may be posted thereon with numerals at least one-half that
21 height and one-half that width required by subparagraph (i) of this
22 paragraph, although numerals representing tenths of a cent may be
23 displayed at no less than one-half those dimensions which disclose the
24 selling price per gallon of such motor fuel dispensed therefrom;
25 (IV) POST AND KEEP POSTED ON THE DISPENSING DEVICE FROM WHICH SUCH
26 MOTOR FUEL IS SOLD OR OFFERED FOR SALE A SIGN OR PLACARD, OF A SIZE TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03834-07-4
S. 7546 2
1 BE DETERMINED BY THE COMMISSIONER, STATING CLEARLY AND LEGIBLY, IN
2 SUBSTANTIALLY SIMILAR FORM:
3 NOTICE TO CONSUMERS: IF YOU HAVE A COMPLAINT REGARDING THIS BUSINESS,
4 YOU MAY CALL THE FOLLOWING TOLL-FREE NEW YORK STATE HOTLINE: (INSERT THE
5 CURRENT TELEPHONE NUMBER ESTABLISHED BY THE DEPARTMENT OF STATE FOR
6 RECEIVING COMPLAINTS FROM CONSUMERS PURSUANT TO SUBPARAGRAPH 16 OF PARA-
7 GRAPH A OF SUBDIVISION 3 OF SECTION 94-A OF THE EXECUTIVE LAW).
8 The signs and selling prices shall be posted so as to be clearly visi-
9 ble to the driver of an approaching motor vehicle or motorboat. The
10 name, trade name, brand, mark or symbol, and grade of quality classi-
11 fication, if any of such motor fuel shall be permanently imprinted on
12 said motor fuel dispensing device. The provisions of this subdivision
13 shall not apply to a city, county, town or village which has already
14 enacted and continues in effect a local law, ordinance, rule or regu-
15 lation in substantial conformity with this subdivision. The provisions
16 of this subdivision shall be enforced in the counties outside the city
17 of New York by the county or city director of weights and measures, as
18 the case may be, and in the city of New York by the department of
19 consumer affairs. THE COMMISSIONER, BY RULE, SHALL ESTABLISH THE SIZE
20 OF THE SIGN OR PLACARD REQUIRED UNDER SUBPARAGRAPH (IV) OF THIS PARA-
21 GRAPH.
22 S 2. Paragraph a of subdivision 3 of section 94-a of the executive law
23 is amended by adding a new subparagraph 16 to read as follows:
24 (16) (I) NO LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN, ESTABLISH
25 A TOLL-FREE TELEPHONE NUMBER FOR RECEIVING COMPLAINTS RELATED TO THE
26 RETAIL SALE OF MOTOR FUEL. THE TOLL-FREE NUMBER MAY BE AN EXISTING
27 NUMBER ESTABLISHED BY THE DEPARTMENT OF STATE FOR RECEIVING INQUIRIES
28 FROM CONSUMERS.
29 (II) EMPLOYEES OF THE DEPARTMENT OF STATE, UPON RECEIPT OF A COMPLAINT
30 FROM A CONSUMER THROUGH MEANS OF THE TOLL-FREE NUMBER ESTABLISHED IN
31 CLAUSE (I) OF THIS SUBPARAGRAPH, SHALL FORWARD THE CONTENTS OF SUCH
32 COMPLAINT TO THE DEPARTMENT OF AGRICULTURE AND MARKETS AND THE APPROPRI-
33 ATE MUNICIPALITY OR LOCAL GOVERNMENT.
34 S 3. This act shall take effect April 1, 2015; except that clause (i)
35 of subparagraph 16 of paragraph a of subdivision 3 of section 94-a of
36 the executive law, as added by section two of this act, shall take
37 effect immediately; provided further that, effective immediately, any
38 rules and regulations necessary to implement the provisions of this act
39 on its effective date are authorized and directed to be amended, promul-
40 gated and/or repealed on or before such date.