| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 317, 2036, 2383 | PRINTER'S NO. 2452 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, TARTAGLIONE, STACK, FONTANA, BREWSTER, KASUNIC, ALLOWAY, FERLO, GORDNER, WASHINGTON, BROWNE AND FARNESE, JANUARY 28, 2011 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 2, 2012 |
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| AN ACT |
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1 | Amending Title 3 (Agriculture) of the Pennsylvania Consolidated |
2 | Statutes, authorizing an Automotive Fuel Testing and |
3 | Disclosure Program. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Chapter 41 of Title 3 of the Pennsylvania |
7 | Consolidated Statutes is amended by adding a subchapter to read: |
8 | SUBCHAPTER F |
9 | AUTOMOTIVE FUEL TESTING |
10 | AND DISCLOSURE PROGRAM |
11 | Sec. |
12 | 4187.1. Scope of subchapter. |
13 | 4187.2. Definitions. |
14 | 4187.3. Automotive Fuel Testing and Disclosure Program. |
15 | 4187.4. Standards for automotive fuel. |
16 | 4187.5. Automotive fuel rating, disclosure and labeling |
17 | requirements. |
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1 | 4187.6. Investigations. |
2 | 4187.7. Violations and penalties. |
3 | 4187.8. Annual report. |
4 | § 4187.1. Scope of subchapter. |
5 | This subchapter relates to automotive fuel testing and |
6 | disclosure. |
7 | § 4187.2. Definitions. |
8 | The following words and phrases when used in this subchapter |
9 | shall have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "American Society for Testing and Materials International" or | <-- |
12 | "ASTM." The international voluntary consensus standards |
13 | organization formed for the development of standards on |
14 | characteristics and performance of materials, products, systems, |
15 | services and the promotion of related knowledge. |
16 | "American Society for Testing and Materials International" or | <-- |
17 | "ASTM." A member-based international standards organization |
18 | that develops and publishes voluntary consensus technical |
19 | standards and test methods for a variety of materials and |
20 | products, including automotive fuel and other petroleum |
21 | products, or any successor organization. |
22 | "Automotive fuel." Any liquid or gaseous matter used for the |
23 | generation of power in an internal combustion engine. The term | <-- |
24 | shall include, but may not be limited to, the following: |
25 | (1) Automotive spark-ignition engine fuel, which |
26 | includes but is not limited to: |
27 | (i) Gasoline. |
28 | (ii) Gasohol, a mixture of unleaded gasoline and at |
29 | least 10% denatured ethanol. |
30 | (iii) Fuels developed to comply with the Clean Air |
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1 | Act (69 Stat. 1, 42 U.S.C. § 7401 et seq.), such as |
2 | reformulated gasoline and oxygenated gasoline. |
3 | (2) Alternative liquid automotive fuels, including, but |
4 | not limited to: |
5 | (i) Methanol, denatured ethanol and other alcohols. |
6 | (ii) Mixtures of gasoline containing 85% or more by |
7 | volume of methanol, denatured ethanol and other alcohols. |
8 | (iii) Liquefied natural gas. |
9 | (iv) Liquefied petroleum gas. |
10 | (v) Coal-derived liquid fuels. |
11 | "Automotive fuel rating." For automotive spark-ignition | <-- |
12 | engine fuel gasoline, the octane rating or, for alternative | <-- |
13 | liquid automotive fuel, the commonly used name of the fuel with |
14 | a disclosure of the amount, expressed as a minimum percent by |
15 | volume, of the principal components of the fuel. |
16 | "Consumer." A person who purchases automotive fuel for |
17 | purposes other than resale. |
18 | "Dispenser" or "dispensing system." A device designed to |
19 | measure and deliver automotive fuel into the fuel supply tank of |
20 | a motor vehicle. |
21 | "Distributor." A person who receives automotive fuel in this |
22 | Commonwealth for storage and subsequent distribution to another | <-- |
23 | person other than the consumer. |
24 | "EPA." The United States Environmental Protection Agency. |
25 | "FTC." The United States Federal Trade Commission. |
26 | "Fueling dispensers." Individual fueling points, recognized |
27 | by price and volume displays for a dispenser's points of sale. |
28 | "Load rack terminals." A location where the commercial | <-- |
29 | transfer of petroleum products at the wholesale level is |
30 | conducted utilizing meters employed in the measurement of |
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1 | product delivered to a seller by a buyer. |
2 | "Octane rating" or "octane number." The rating of the |
3 | antiknock characteristics of a grade or type of automotive fuel |
4 | as determined by dividing by two the sum of the research octane |
5 | number plus the motor octane number unless another procedure is |
6 | determined by the Department of Agriculture to be more |
7 | appropriate for the purposes of this subchapter. |
8 | "Oxygenate." A substance which, when added to gasoline, |
9 | increases the amount of oxygen in the gasoline blend. |
10 | "Oxygenate blender." A person who owns, leases, operates, |
11 | controls or supervises an oxygenate blending facility. |
12 | "Oxygenate blending facility." A refinery, bulk terminal, |
13 | bulk plant, other facility or truck or another place at which |
14 | oxygenated gasoline is produced or blended. | <-- |
15 | "Oxygenated gasoline." Gasoline which contains at least 2% |
16 | oxygen by weight. |
17 | "Producer." A person who purchases component elements and |
18 | blends them to produce or market automotive fuel. | <-- |
19 | "Program." The Automotive Fuel Testing and Disclosure |
20 | Program. |
21 | "Refiner." A person engaged in the manufacture, production |
22 | or importation of automotive fuel. |
23 | "Reformulated gasoline." Any gasoline which is certified by |
24 | the United States Environmental Protection Agency as complying |
25 | with the requirements of 42 U.S.C. § 7545 (relating to |
26 | regulation of fuels) and any regulations promulgated under the |
27 | Clean Air Act (69 Stat. 322, 42 U.S.C. § 7401 et seq.). |
28 | "Retailer." A person who sells automotive fuel to the | <-- |
29 | consumer. |
30 | "Research octane number" and "motor octane number." The | <-- |
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1 | terms shall have the meanings given to them in the |
2 | specifications of the American Society for Testing and Materials |
3 | International entitled "Standard Specifications for Automotive |
4 | Spark Engine Fuel," designated D4814 or any subsequent updated |
5 | specification, and, with respect to any grade or type of |
6 | automotive fuel, are determined in accordance with the test |
7 | methods set forth in American Society for Testing and Materials |
8 | International standard test methods for research octane number |
9 | and motor octane number as may be adopted by the Federal Trade |
10 | Commission. |
11 | "Retailer." A person who sells or offers for sale automotive |
12 | fuel to the general public for ultimate consumption. |
13 | § 4187.3. Automotive Fuel Testing and Disclosure Program. |
14 | (a) Authorization.--The department may establish and |
15 | implement the Automotive Fuel Testing and Disclosure Program to |
16 | provide for the testing of automotive fuel on a random, |
17 | unannounced basis. |
18 | (b) Duties of department.--The department may enforce the |
19 | provisions of this subchapter and shall have the following |
20 | authority: |
21 | (1) Take samples of automotive fuel for testing of its | <-- |
22 | octane rating wherever it is offered or exposed for sale or |
23 | use or sold by a retailer in this Commonwealth. When testing | <-- |
24 | occurs, it shall be coordinated with the testing required for |
25 | proper volumes of gasoline. |
26 | (2) Inspect and test on a random, unannounced basis and | <-- |
27 | upon consumer complaint. If the octane level of the reading | <-- |
28 | rating of a tested automotive fuel does not match the octane |
29 | rating as displayed on the fueling dispenser, the automotive |
30 | fuel sample shall be tested in accordance with the methods of |
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1 | the ASTM or other test methods adopted by the FTC under the |
2 | Petroleum Marketing Practices Act (Public Law 95-297, 15 |
3 | U.S.C. § 2801 et seq.) to ensure that the motor fuel sample |
4 | is in compliance with the motor fuel specifications of the |
5 | ASTM. |
6 | (3) Maintain records of all inspections. |
7 | (4) Inspect the labeling of automotive fuel dispensers |
8 | and storage tanks at retail businesses or locations where the |
9 | products are sold or offered or exposed for sale or use. |
10 | (5) Enter into contractual agreements with qualified |
11 | laboratories as a cost-saving measure for the purpose of |
12 | analyzing automotive fuel samples, if the octane level of the |
13 | automotive fuel is questioned. |
14 | (6) Promulgate regulations as necessary for the |
15 | enforcement and administration of this subchapter. All |
16 | regulations adopted by the FTC under the Petroleum Marketing |
17 | Practices Act to govern the certification, disclosure, |
18 | posting and labeling of automotive fuel before, on or after |
19 | the effective date of this section are adopted as regulations |
20 | in this Commonwealth and shall remain in effect unless |
21 | subsequently modified by regulations promulgated by the |
22 | department. |
23 | (c) Sealers of weight and measures.-- |
24 | (1) The department may enter into agreements with any |
25 | city or county for which a sealer has been appointed for the |
26 | enforcement of provisions of this subchapter and of rules or |
27 | regulations promulgated under this subchapter. |
28 | (2) The sealer of a city or county shall have the same |
29 | authority and shall perform the same duties within the city |
30 | or county as are granted to and imposed upon the department |
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1 | with respect to the inspection, testing and taking of |
2 | automotive fuel samples. |
3 | (3) The agreement shall provide that any revenues |
4 | generated pursuant to enforcement activities carried out by |
5 | the sealer of the city or county shall be retained by the |
6 | city or county. |
7 | § 4187.4. Standards for automotive fuel. |
8 | (a) Adoption of standards.--The department shall adopt the |
9 | latest standards for automotive spark ignition engines based on |
10 | the latest standards of the ASTM as determined by the FTC. The |
11 | standards shall be published as a notice in the Pennsylvania |
12 | Bulletin. |
13 | (b) Automotive fuel.--Gasoline Automotive fuel sold, offered | <-- |
14 | or exposed for sale or stored or held for distribution in this |
15 | Commonwealth shall comply with all of the following: |
16 | (1) ASTM specification D4814 or any subsequent updated | <-- |
17 | specifications as determined by the American Society for |
18 | Testing and Materials International. |
19 | (2) Volatility requirements promulgated by the EPA under |
20 | 40 CFR Pt. 80 (relating to regulation of fuels and fuel |
21 | additives) or any supplement thereto or revisions thereof. | <-- |
22 | (3) The For oxygenated gasoline, the Uniform Engine | <-- |
23 | Fuels, Petroleum Products and Automotive Lubricants |
24 | Regulation as adopted by the National Conference on Weights |
25 | and Measures in the National Institute of Standards and |
26 | Technology Handbook 130 and any supplements and revisions of |
27 | the regulation. |
28 | (c) Records and compliance review.--Each distributor, |
29 | producer or retailer who distributes, produces, blends, | <-- |
30 | transports, stores, sells or offers or exposes for sale |
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1 | automotive fuel in this Commonwealth shall maintain for one year |
2 | original copies of all bills, manifests, delivery tickets and |
3 | invoices for the purpose of compliance review. |
4 | § 4187.5. Automotive fuel rating, disclosure and labeling |
5 | requirements. |
6 | (a) Disclosure requirements.--Each distributor, producer or |
7 | refiner who sells or offers or exposes for sale or delivers, |
8 | distributes, blends or produces automotive fuel in this | <-- |
9 | Commonwealth shall provide, at the time of delivery, a bill, |
10 | shipping manifest or other type of written invoice to the person |
11 | who receives the automotive fuel. The bill, shipping manifest or |
12 | other written invoice shall state the automotive fuel rating. |
13 | (b) Posting and labeling requirements.-- |
14 | (1) Each retailer of automotive fuel in this |
15 | Commonwealth shall label in a clear and conspicuous manner |
16 | each automotive fuel dispenser which is used to sell or offer |
17 | or expose for sale automotive fuel, with the automotive fuel |
18 | rating of the fuel, which shall be consistent with the |
19 | automotive fuel rating certified to the retailer by the |
20 | refiner or distributor refiner, distributor or oxygenate | <-- |
21 | blender, as the case may be. |
22 | (2) In the case of gasoline which is blended with other |
23 | gasoline by the retailer, the automotive fuel rating shall be | <-- |
24 | the average, weighted by volume, of the octane rating |
25 | certified to the retailer by the distributor or refiner for |
26 | each gasoline in the blend or consistent with the lowest |
27 | octane rating for any gasoline in the blend as certified to |
28 | the retailer by a refiner or distributor. |
29 | (c) Oxygenated gasoline labeling requirements.--A person who |
30 | sells or offers or exposes oxygenated gasoline for sale shall |
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1 | clearly and conspicuously label the dispenser which is used to |
2 | sell oxygenated gasoline at retail or to dispense oxygenated |
3 | gasoline into the fuel supply tanks of motor vehicles with a |
4 | notice stating that the gasoline is oxygenated. |
5 | (d) Reformulated gasoline labeling requirements.--A person | <-- |
6 | who sells or offers or exposes the reformulated gasoline for |
7 | sale shall clearly and conspicuously label the dispenser which |
8 | is used to sell reformulated gasoline at retail or to dispense |
9 | reformulated gasoline into the fuel supply tanks of motor |
10 | vehicles with a notice stating that the gasoline is reformulated |
11 | (Reserved). | <-- |
12 | (e) Labeling tolerance.--Labeling shall be in accordance |
13 | with specifications of the ASTM entitled "Specifications for |
14 | Automotive Spark-Ignition Engine Fuel," designated D4814 or any | <-- |
15 | supplements thereto or revisions thereof. |
16 | § 4187.6. Investigations. |
17 | (a) General rule.--The department may conduct investigations |
18 | to determine compliance with this subchapter. Investigations |
19 | shall be conducted in accordance with sections 4116 (relating to |
20 | investigations) and 4120 (relating to police powers; right of |
21 | entry and stoppage). Inspections may be performed during normal |
22 | business hours and may include the collection and removal of |
23 | samples for laboratory testing if the quality or reliability of |
24 | the automotive fuel is questioned. |
25 | (b) Entry upon premises.-- |
26 | (1) The department may access the premises and enter the | <-- |
27 | premises and access records of any establishment where |
28 | automotive fuel is stored, held, processed produced, | <-- |
29 | distributed, offered or exposed for sale or sold in this |
30 | Commonwealth to: |
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1 | (i) Inspect the automotive fuel in storage tanks and |
2 | take samples from the tanks and the dispensing system |
3 | connected to the storage tanks. The retailer or |
4 | distributor may request a second sample to be taken by |
5 | the inspector at the same time the initial sample is |
6 | drawn. All costs of the second sample shall be paid by |
7 | the retailer or distributor, as the case may be, making |
8 | the request. If the request for a second sample is made |
9 | by the retailer in accordance with procedures established |
10 | through an agreement with the distributor, producer or |
11 | refiner, all costs of drawing, handling and shipping the |
12 | sample shall be borne by the distributor, producer or |
13 | refiner who supplied the automotive fuel to the retailer. |
14 | If the request for a second sample is made by the |
15 | distributor in accordance with procedures established |
16 | through an agreement with the producer or refiner, all |
17 | costs of drawing, handling and shipping the sample shall |
18 | be borne by the producer or refiner who supplied the |
19 | automotive fuel to the distributor. |
20 | (ii) Inspect automotive fuel dispensing systems and |
21 | related equipment, oxygenate labels, reformulated labels |
22 | and octane labels. |
23 | (iii) Make copies of automotive fuel shipping, |
24 | receiving and invoice documents and records to determine |
25 | compliance with sections 4187.4 (relating to standards |
26 | for automotive fuel) and 4187.5 (relating to automotive |
27 | fuel rating, disclosure and labeling requirements). |
28 | (2) The department shall limit inspections, compliance |
29 | reviews and copying under this subsection to information and |
30 | data relating to product quantity, quality, oxygen content, |
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1 | octane, source and other information as may be reasonably |
2 | requested. |
3 | (c) Remedies.--If the department determines that an |
4 | automotive fuel sample does not conform with the standards set |
5 | forth in section 4187.4 or that a label displayed on a |
6 | dispensing system, storage tank or other dispensing device does |
7 | not conform with the requirements of section 4187.5, the |
8 | department may initiate any or all of the following actions to |
9 | prohibit sale of the nonconforming automotive fuel or to |
10 | prohibit the use of the nonconforming dispensing system, storage |
11 | tank or other dispensing device: |
12 | (1) Reject and mark as rejected the dispensing system, |
13 | storage tank or other dispensing device from which the sample |
14 | was obtained or on which the nonconforming label is attached. |
15 | (2) Seal and mark as sealed the storage tanks from which |
16 | the sample was drawn or the nonconforming label attached. |
17 | (3) Initiate criminal proceedings under section |
18 | 4187.7(d) (relating to violations and penalties). |
19 | (4) Issue a citation. |
20 | (5) Issue a stop-sale notice under subsection (d). |
21 | (6) Advise the retailer or distributor that the |
22 | automotive fuel must be blended with another automotive fuel |
23 | to bring it into compliance, provided that the product does |
24 | not endanger public health or safety or adversely affect the |
25 | emissions characteristics of the motor vehicles in which it |
26 | is used. |
27 | (7) Issue a written warning directing the retailer or |
28 | distributor to correct the nonconforming label. |
29 | (d) Stop-sale notice.-- |
30 | (1) The department may immediately seize and seal, in |
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1 | order to prevent further sales, any dispensing system, |
2 | storage tank or other dispensing device from which automotive |
3 | fuel is sold or offered or exposed for sale in violation of |
4 | the provisions of this subchapter and to issue a stop-sale |
5 | notice to the retailer or distributor if the department has |
6 | reason to believe the retailer or distributor willfully or |
7 | intentionally violated this subchapter or the regulations |
8 | promulgated in accordance with this subchapter. |
9 | (2) No automotive fuel subject to a stop-sale notice may |
10 | be sold, exposed, offered for sale or transported unless the |
11 | retailer or distributor has received approval from the |
12 | department. |
13 | (3) No automotive fuel which has been seized and sealed |
14 | by the department for violation of section 4187.4 or 4187.5 |
15 | may be offered or exposed for sale until the department has |
16 | been fully satisfied that the automotive fuel has been |
17 | blended, refined or properly labeled to meet the requirements |
18 | of this subchapter and the retailer or distributor has been |
19 | notified of the department's decision to permit the sale or |
20 | relabeling of the fuel. |
21 | (e) Posting of stop-sale notice.--The department shall post, |
22 | in a conspicuous place on the premises where a dispensing |
23 | system, storage tank or other dispensing device has been sealed, |
24 | a notice stating that sealing has taken place and warning that |
25 | it shall be unlawful to break, mutilate or destroy the seal or |
26 | to remove the contents of the dispensing system, storage tank or |
27 | other dispensing device without the approval of the department. |
28 | (f) Notice required to remove seal.-- |
29 | (1) A retailer, distributor or producer who owns an |
30 | automotive fuel dispensing system, storage tank or other |
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1 | dispensing device which has been sealed by the department |
2 | shall obtain the approval of the department before the fuel |
3 | is removed or a proper label attached. |
4 | (2) A written notice of any corrective action taken |
5 | shall be submitted to the department within three working |
6 | days. |
7 | (3) The department may reinspect the automotive fuel |
8 | dispensing system, storage tank or other dispensing device to |
9 | determine compliance. The retailer, distributor, producer or |
10 | refiner that owns the system or device which has been sealed |
11 | shall provide documentation of the corrective action taken, |
12 | including any applicable shipping papers or bills of lading |
13 | showing the disposal or final disposition of the automotive |
14 | fuel and any other information necessary to permit the |
15 | department to audit and confirm that the corrective action |
16 | was as previously approved by the department. |
17 | (4) No retailer, distributor, producer or refiner may |
18 | remove a seal, except when given specific approval by the |
19 | department. |
20 | § 4187.7. Violations and penalties. |
21 | (a) Retail violations.--The department may assess a civil |
22 | penalty of not more than $5,000 upon a retailer who sells or |
23 | offers or exposes for sale automotive fuel from any dispensing |
24 | system, storage tank or other dispensing device which has not |
25 | been labeled in accordance with the provisions of this |
26 | subchapter, or who sells or offers or exposes for sale any |
27 | automotive fuel which does not meet or exceed the required |
28 | standards for the automotive fuel rating displayed on the label |
29 | attached to the dispensing system, storage tank or other |
30 | dispensing device, or who sells or offers or exposes for sale |
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1 | automotive fuel which has been contaminated. |
2 | (b) Distributor, producer or refiner violations.--The |
3 | department may assess a civil penalty of not more than $5,000 |
4 | upon a distributor, producer or refiner who sells or offers or |
5 | exposes for sale automotive fuel which does not meet the |
6 | automotive fuel rating certified by the distributor, producer or |
7 | refiner or who sells or offers or exposes for sale automotive |
8 | fuel which does not meet the requirements of section 4187.4 |
9 | (relating to standards for automotive fuel). |
10 | (c) Knowledge of deceptive practice.--In addition to any |
11 | civil penalty imposed for violations of subsection (a) or (b), |
12 | the department may assess a distributor, producer, refiner or |
13 | retailer with an additional civil penalty equal to: |
14 | (1) the difference between the price per gallon charged |
15 | to the consumer for the automotive fuel in question and the |
16 | price per gallon charged to the consumer for the lowest |
17 | octane grade at the retail dispensing facility at the time of |
18 | the violation; and |
19 | (2) multiplied by the capacity of the storage tank from |
20 | which the product in question was dispensed; |
21 | if the distributor, producer, refiner or retailer violates any |
22 | provisions of this subchapter with actual knowledge that the act |
23 | or practice underlying the violation is unfair or deceptive. |
24 | (d) Repeat violations.--In addition to any civil penalty |
25 | assessed in accordance with the provisions of this section, the |
26 | department may initiate criminal proceedings for a second or |
27 | subsequent violation of sections 4187.4 and 4187.5 (relating to |
28 | automotive fuel rating, disclosure and labeling requirements). A |
29 | second or subsequent violation shall constitute a misdemeanor of |
30 | the third degree. |
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1 | (e) Removal of seals.--The department may assess a civil |
2 | penalty of not less than $1,000 nor more than $5,000 on any |
3 | person, other than a person designated by the department, who: |
4 | (1) breaks, mutilates or destroys any seal placed upon a |
5 | dispensing system, storage tank or other dispensing device |
6 | used to deliver or store automotive fuel; |
7 | (2) removes automotive fuel from a dispensing system, |
8 | storage tank or other dispensing device which has been |
9 | sealed; or |
10 | (3) defaces or removes a posted notice of sealing. |
11 | (f) Hearings.--No civil penalty shall be assessed under this |
12 | section unless the person charged has been given notice and |
13 | opportunity for hearing in accordance with 2 Pa.C.S. (relating |
14 | to administrative law and procedure). |
15 | (g) Innocent sellers exemption.--The department shall not |
16 | impose a civil penalty for a violation of subsection (a) |
17 | regarding labeling if the retailer labeled the dispensing |
18 | system, storage tank or other dispensing device in reasonable |
19 | reliance on documentation provided by the distributor, producer |
20 | or refiner certifying the standards for automotive fuel rating. |
21 | (h) Private action by retailer.--If a retailer unknowingly |
22 | and without deception sells or offers or exposes for sale |
23 | automotive fuel which does not conform with the provisions of |
24 | this subchapter, the distributor, producer, oxygenate blender or |
25 | refiner, as the case may be, of the nonconforming automotive |
26 | fuel shall be liable in damages to the retailer for any |
27 | ascertainable loss of money or property. |
28 | (i) Acts or practices constituting unfair trade.--It shall |
29 | be an unfair method of competition and an unfair or deceptive |
30 | act or practice in or affecting trade and commerce in this |
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1 | Commonwealth within the meaning of section 3 of the act of |
2 | December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade |
3 | Practices and Consumer Protection Law, for any retailer, |
4 | producer, distributor, oxygenate blender or refiner to violate |
5 | the provisions of this subchapter or any regulations promulgated |
6 | under this subchapter. |
7 | Section 2. The heading of Subchapter F of Chapter 41 of |
8 | Title 3 is amended to read: |
9 | SUBCHAPTER [F] G |
10 | MISCELLANEOUS PROVISIONS |
11 | Section 3. This act shall take effect in 30 days. |
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