PRIOR PRINTER'S NO. 34 PRINTER'S NO. 317
No. 29 Session of 1987
INTRODUCED BY BELL, SHUMAKER, REIBMAN, ANDREZESKI, PETERSON AND
GREENLEAF, JANUARY 15, 1987
SENATOR BELL, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
AS AMENDED, FEBRUARY 10, 1987
AN ACT
1 Requiring retail gasoline dealers to post gasoline additive
2 information; and imposing penalties.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Definitions.
6 The following words and phrases when used in this act shall
7 have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Co-solvent." An alcohol or any other chemical with higher
10 molecular weight than methanol or ethanol which is blended with
11 either or both to prevent phase separation in gasoline.
12 "Ethanol." Ethyl alcohol, a flammable liquid having the
13 formula C2H5CH, used or sold for the purpose of blending or
14 mixing with gasoline for use in motor vehicles, boats,
15 motorboats or watercraft, and commonly or commercially known or
16 sold as ethanol or ethyl alcohol.
1 "Gasoline." Any liquid prepared, advertised, offered for
2 sale, sold for use as, or used for the generation of power for
3 the propulsion of motor vehicles, boats, motorboats or
4 watercraft, including any product obtained by blending together
5 any one or more products of petroleum with or without other
6 products, if the resultant product is capable of the same use.
7 "Gasoline additives." Methanol, ethanol or co-solvent in
8 concentrations above 1% by volume.
9 "Manufacturer." A person, firm or corporation maintaining a
10 place of business where gasoline is manufactured, refined or
11 blended.
12 "Methanol." Methyl alcohol, a flammable liquid having the
13 formula CH3OH, used or sold for the purpose of blending or
14 mixing with gasoline for use in motor vehicles, boats,
15 motorboats or watercraft, and commonly or commercially known or
16 sold as methanol or methyl alcohol.
17 "Retail service station dealer." A person, firm or
18 corporation maintaining a place of business where gasoline is
19 sold and delivered into the tanks of motor vehicles, boats,
20 motorboats or watercraft.
21 Section 2. Posting of gasoline additive information.
22 (a) Requirement.--All retail service station dealers shall
23 conspicuously post on each pump from which gasoline containing
24 gasoline additives is dispensed a sign clearly indicating that
25 the gasoline contains gasoline additives, the type or types of
26 gasoline additives contained in the gasoline and the maximum
27 percentage by volume, to the nearest whole percent, of each
28 gasoline additive.
29 (b) Size of sign.--The information required by subsection
30 (a) shall be conveyed in bold block lettering at least one-
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1 quarter inch in size.
2 (c) Visibility.--If a pump is used to dispense gasoline on
3 more than one driveway, the sign required by subsection (a)
4 shall be placed on both sides of the pump so that a sign shall
5 be clearly visible from each driveway.
6 Section 3. Notification by manufacturers of gasoline additive
7 information.
8 (a) Duty of manufacturers.--
9 (1) Manufacturers of gasoline which contains gasoline
10 additives shall notify gasoline purchasers, in writing, as to
11 the presence of the additives. This requirement shall
12 continue for each seller until the product is resold to the
13 public.
14 (2) The manufacturers also shall provide anyone who
15 purchases the gasoline for resale to the public or to retail
16 service station dealers with pump signs meeting the following
17 criteria:
18 (i) The pump sign shall indicate that the gasoline
19 dispensed from that pump contains gasoline additives and
20 shall set forth the maximum percentage by volume, to the
21 nearest whole percent, of each gasoline additive.
22 (ii) This information shall be set forth in block
23 lettering which is at least one-quarter inch in size.
24 (3) When providing pump signs to purchasers of its
25 gasoline who intend to resell the gasoline to the public or
26 to retail service station dealers, the manufacturer shall
27 provide an adequate number of the signs for the purchaser or
28 retail service stations to whom the purchaser sells, to meet
29 the requirements of this act.
30 Section 4. Federal requirements.
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1 It shall be unlawful to sell or offer for sale any gasoline
2 additives where the blend or mixture is in violation of the
3 specifications or the registration requirements established by
4 the United States Environmental Protection Agency pursuant to
5 section 211 of the Clean Air Act (Public Law 95-95, 42 U.S.C. §
6 7545).
7 Section 5. Penalties.
8 Any retail service station dealer who fails to comply with
9 the provisions of this act after being notified by the
10 manufacturer under section 3, and a manufacturer who fails to
11 comply with the provisions of this act, commits a summary
12 offense and shall, upon conviction, for the first offense, be
13 sentenced to pay a fine not exceeding $100 and, for a second and
14 each subsequent offense, be sentenced to pay a fine not
15 exceeding $200.
16 Section 6. Effective date.
17 This act shall take effect in 60 45 days. <--
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