S T A T E   O F   N E W   Y O R K
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                                  2302

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Agriculture

AN ACT to amend the agriculture and markets  law,  in  relation  to  the
  delivery of liquefied petroleum gas

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 6 of  section  192-e  of  the  agriculture  and
markets  law,  as  amended  by  chapter 679 of the laws of 1980 and such
section as renumbered by chapter 716 of the laws of 1989, is amended  to
read as follows:
  6. A. 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 ther-
eof. 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  fore-
going  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03151-01-9

              

A. 2302                             2

  B. (I) NO PERSON, FIRM, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
FILL,  REFILL  OR  OTHERWISE  DELIVER  LIQUEFIED  PETROLEUM GAS INTO ANY
LIQUEFIED PETROLEUM GAS CYLINDER, CONTAINER OR RECEPTACLE WITH  A  WATER
CAPACITY  OF  MORE  THAN  TEN GALLONS, UNLESS THEY ARE THE OWNER OF SUCH
CYLINDER,  CONTAINER OR RECEPTACLE, OR A PERSON AUTHORIZED IN WRITING BY
SUCH OWNER.
  (II) NO PERSON, FIRM, LIMITED LIABILITY COMPANY OR  CORPORATION  SHALL
USE  ANY  LIQUEFIED  PETROLEUM  GAS CYLINDER, CONTAINER OR RECEPTACLE TO
CONTAIN ANY SUBSTANCE OTHER THAN LIQUEFIED PETROLEUM  GAS,  UNLESS  THEY
ARE  THE  OWNER  OF  SUCH CYLINDER, CONTAINER OR RECEPTACLE, OR A PERSON
AUTHORIZED IN WRITING BY SUCH OWNER.
  (III) EXCEPT IN THE CASE OF FIRE OR SAFETY EMERGENCY, NO PERSON, FIRM,
LIMITED LIABILITY COMPANY OR CORPORATION SHALL REMOVE LIQUEFIED PETROLE-
UM GAS FROM ANY LIQUEFIED PETROLEUM GAS CYLINDER, CONTAINER OR  RECEPTA-
CLE,  UNLESS  THEY ARE THE OWNER OF SUCH CYLINDER, CONTAINER OR RECEPTA-
CLE, OR A PERSON AUTHORIZED IN WRITING BY SUCH OWNER.
  S 2. This act shall take effect immediately.