N.Y. Agric. & Mkts. Law § 192-e

§ 192-e. Sale and delivery of liquefied petroleum gas. 1. Definition.\nFor the purpose of this section "liquefied petroleum gas" shall mean any\nmaterial or substance which is predominantly composed of any of the\nfollowing hydrocarbons or mixtures of the same: propane, propylene,\nbutane, normal or iso-, and butylene.\n 2. Liquefied petroleum gas shall be sold or offered for sale by\navoirdupois net weight, by liquid measure based on the standard United\nStates gallon of two hundred and thirty-one cubic inches, by cubic feet\nbased on the standard cubic foot of one thousand seven hundred and\ntwenty-eight cubic inches, or by the appropriate units in the metric\nsystem, or multiple or decimal subdivisions of those units as determined\nby the commissioner.\n 3. When liquefied petroleum gas is sold, offered or exposed for sale\nby package weight, variations at the rate of one percent under the\nspecified net weight of the container are permitted in individual\ncontainers, but the average weight of not less than twelve containers\nshall not be less than the marked net weight of the containers.\n 4. Containers used where the gas content is sold by package weight\nmust have the tare weight plainly and conspicuously marked on the\ncontainer or on permanently attached appurtenances, and the net contents\nplainly and conspicuously marked on the container or on a tag or other\ntype of label firmly attached thereto. Tare weight shall be construed to\nbe the weight of the container, valve and other permanent attachment but\ndoes not include the valve-protecting cap; provided, however, that\ndisposable containers weighing five pounds or less when filled shall be\nexempt from the tare weight marking requirements.\n 5. When liquefied petroleum gas is sold or delivered in package form\nand the cylinder or container is connected to the consumer's apparatus,\nsuch cylinder or container shall neither be disconnected nor removed\nfrom the premises before it becomes empty, except as may be provided\nhereinafter. When removed before becoming empty such cylinder or\ncontainer shall be weighed by the seller to determine the quantity of\nliquefied petroleum gas remaining in such cylinder or container and a\nwritten receipt issued to the purchaser or consumer stating such\nquantity and the amount of the credit due. When weighed on the\ncustomer's premises, weight shall be subject to verification by the\nseller at the dealer distribution point or the filling plant to\ndetermine whether credit is due the customer. A cylinder or container\nshall be considered empty when the gross weight of the cylinder or\ncontainer does not exceed the tare weight as marked within the tolerance\nallowed.\n 6. Each delivery of liquefied petroleum gas sold on a package basis in\ncylinders or containers to consumers and each delivery of such gas from\na vehicle tank or other vessel into tanks, cylinders or containers\nconnected to consumer apparatus when sale is based on a quantity so\ndelivered, shall be accompanied by a delivery ticket and duplicate\nthereof. On such ticket and duplicate thereof shall be distinctly\nexpressed in ink or other indelible substance the date of delivery, the\nnet weight or volume of such liquefied petroleum gas delivered, the\nprice per unit of metric or customary measure, the total price, the name\nand address of the seller and the name and address of the purchaser of\nsuch liquefied petroleum gas; provided, however, that such delivery\nticket need not set forth the total price if within five days after\ndelivery the seller provides the buyer with a written statement setting\nforth all the foregoing information including the total price. Delivery\ntickets shall be serially numbered or the serial number of the cylinder\nor container shall be legibly marked on such delivery ticket. One of\nsuch tickets shall be delivered to the person receiving the liquefied\npetroleum gas, and the other ticket shall be retained by the seller of\nthe liquefied petroleum gas for a period of one year and shall be\nsubject to inspection by any weights and measures official within this\ntime. For systems equipped with the capability of issuing an electronic\nreceipt, ticket or other recorded representation, the customer may be\ngiven the option to receive any required information electronically by\nmeans of a cellular telephone, mobile telephone, computer, computer\ntablet or any other personal electronic device, in lieu of or in\naddition to a hard copy.\n 7. The use of artificial heat for the purpose of expanding liquefied\npetroleum gas before or during the process of delivery, when the basis\nof settlement for such sale or delivery is liquid volume, is prohibited.\n 8. a. New meters for measuring liquefied petroleum gas sold in the\nvapor state shall be sealed by the manufacturer thereof as hereinafter\nprovided or by a weights and measures official. The commissioner may\nprescribe by regulation the specifications and tolerances governing the\ntesting and sealing of such meters and the method of determining the\nquantity of liquefied petroleum gas, and may authorize any manufacturer\nor distributor of liquefied petroleum gas to seal used meters upon\nwritten agreement to conform to said regulations. The commissioner may\nrevoke for cause the authority so given by him to any manufacturer or\ndistributor of liquefied petroleum gas.\n b. Meters equipped with automatic temperature compensation shall be\nsealed and may be used to compute all retail and wholesale transactions.\n 9. The provisions of this article shall not apply to interstate tank\ncar and transport truck deliveries to bulk storage, nor to public\nutility systems using pipes or other fixtures in the public highways or\nstreets for the transmission of liquefied petroleum gas and operating\nunder the jurisdiction of the public service commission of this state,\nnor to any public service company whose operations are subject to the\njurisdiction of the said public service commission.\n