S T A T E O F N E W Y O R K
________________________________________________________________________
2481
2009-2010 Regular Sessions
I N S E N A T E
February 20, 2009
___________
Introduced by Sen. YOUNG -- 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
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
S. 2481 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.