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| PRIOR PRINTER'S NOS. 317, 2036, 2383, 2452 | PRINTER'S NO. 2473 |
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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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| SENATE AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, OCTOBER 15, 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 E.1 | <-- |
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." A member-based international standards organization |
13 | that develops and publishes voluntary consensus technical |
14 | standards and test methods for a variety of materials and |
15 | products, including automotive fuel and other petroleum |
16 | products, or any successor organization. |
17 | "Automotive fuel." Any liquid or gaseous matter used for the |
18 | generation of power in an internal combustion engine. The term |
19 | shall include, but may not be limited to, the following: |
20 | (1) Automotive spark-ignition engine fuel, which |
21 | includes but is not limited to: |
22 | (i) Gasoline. |
23 | (ii) Gasohol, a mixture of unleaded gasoline and at |
24 | least 10% denatured ethanol. |
25 | (iii) Fuels developed to comply with the Clean Air |
26 | Act (69 Stat. 1, 42 U.S.C. § 7401 et seq.), such as |
27 | reformulated gasoline and oxygenated gasoline. |
28 | (2) Alternative liquid automotive fuels, including, but |
29 | not limited to: |
30 | (i) Methanol, denatured ethanol and other alcohols. |
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1 | (ii) Mixtures of gasoline containing 85% or more by |
2 | volume of methanol, denatured ethanol and other alcohols. |
3 | (iii) Liquefied natural gas. |
4 | (iv) Liquefied petroleum gas. |
5 | (v) Coal-derived liquid fuels. |
6 | "Automotive fuel rating." For gasoline, the octane rating |
7 | or, for alternative liquid automotive fuel, the commonly used |
8 | name of the fuel with a disclosure of the amount, expressed as a |
9 | minimum percent by volume, of the principal components of the |
10 | fuel. |
11 | "Consumer." A person who purchases automotive fuel for |
12 | purposes other than resale. |
13 | "Dispenser" or "dispensing system." A device designed to |
14 | measure and deliver automotive fuel into the fuel supply tank of |
15 | a motor vehicle. |
16 | "Distributor." A person who receives automotive fuel in this |
17 | Commonwealth for subsequent distribution to another person other |
18 | than the consumer. |
19 | "EPA." The United States Environmental Protection Agency. |
20 | "FTC." The United States Federal Trade Commission. |
21 | "Fueling dispensers." Individual fueling points, recognized |
22 | by price and volume displays for a dispenser's points of sale. |
23 | "Octane rating" or "octane number." The rating of the |
24 | antiknock characteristics of a grade or type of automotive fuel |
25 | as determined by dividing by two the sum of the research octane |
26 | number plus the motor octane number unless another procedure is |
27 | determined by the Department of Agriculture to be more |
28 | appropriate for the purposes of this subchapter. |
29 | "Oxygenate." A substance which, when added to gasoline, |
30 | increases the amount of oxygen in the gasoline blend. |
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1 | "Oxygenate blender." A person who owns, leases, operates, |
2 | controls or supervises an oxygenate blending facility. |
3 | "Oxygenate blending facility." A refinery, bulk terminal, |
4 | bulk plant, other facility or truck or another place at which |
5 | oxygenated gasoline is produced or blended. |
6 | "Oxygenated gasoline." Gasoline which contains at least 2% |
7 | oxygen by weight. |
8 | "Producer." A person who purchases component elements and |
9 | blends them to produce or market automotive fuel. |
10 | "Program." The Automotive Fuel Testing and Disclosure |
11 | Program. |
12 | "Refiner." A person engaged in the manufacture, production |
13 | or importation of automotive fuel. |
14 | "Reformulated gasoline." Any gasoline which is certified by |
15 | the United States Environmental Protection Agency as complying |
16 | with the requirements of 42 U.S.C. § 7545 (relating to |
17 | regulation of fuels) and any regulations promulgated under the |
18 | Clean Air Act (69 Stat. 322, 42 U.S.C. § 7401 et seq.). |
19 | "Research octane number" and "motor octane number." The |
20 | terms shall have the meanings given to them in the |
21 | specifications of the American Society for Testing and Materials |
22 | International entitled "Standard Specifications for Automotive |
23 | Spark Engine Fuel," designated D4814 or any subsequent updated |
24 | specification, and, with respect to any grade or type of |
25 | automotive fuel, are determined in accordance with the test |
26 | methods set forth in American Society for Testing and Materials |
27 | International standard test methods for research octane number |
28 | and motor octane number as may be adopted by the Federal Trade |
29 | Commission. |
30 | "Retailer." A person who sells or offers for sale automotive |
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1 | fuel to the general public for ultimate consumption. |
2 | § 4187.3. Automotive Fuel Testing and Disclosure Program. |
3 | (a) Authorization.--The department may establish and |
4 | implement the Automotive Fuel Testing and Disclosure Program to |
5 | provide for the testing of automotive fuel on a random, |
6 | unannounced basis. |
7 | (b) Duties of department.--The department may enforce the |
8 | provisions of this subchapter and shall have the following |
9 | authority: |
10 | (1) Take samples of automotive fuel for testing of its |
11 | octane rating wherever it is offered or exposed for sale or |
12 | use or sold by a retailer in this Commonwealth. When testing |
13 | occurs, it shall be coordinated with the testing required for |
14 | proper volumes of gasoline. |
15 | (2) Inspect and test on a random, unannounced basis and |
16 | upon consumer complaint. If the octane rating of a tested |
17 | automotive fuel does not match the octane rating as displayed |
18 | on the fueling dispenser, the automotive fuel sample shall be |
19 | tested in accordance with the methods of the ASTM or other |
20 | test methods adopted by the FTC under the Petroleum Marketing |
21 | Practices Act (Public Law 95-297, 15 U.S.C. § 2801 et seq.) |
22 | to ensure that the motor fuel sample is in compliance with |
23 | the motor fuel specifications of the ASTM. |
24 | (3) Maintain records of all inspections. |
25 | (4) Inspect the labeling of automotive fuel dispensers |
26 | and storage tanks at retail businesses or locations where the |
27 | products are sold or offered or exposed for sale or use. |
28 | (5) Enter into contractual agreements with qualified |
29 | laboratories as a cost-saving measure for the purpose of |
30 | analyzing automotive fuel samples, if the octane level of the |
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1 | automotive fuel is questioned. |
2 | (6) Promulgate regulations as necessary for the |
3 | enforcement and administration of this subchapter. All |
4 | regulations adopted by the FTC under the Petroleum Marketing |
5 | Practices Act to govern the certification, disclosure, |
6 | posting and labeling of automotive fuel before, on or after |
7 | the effective date of this section are adopted as regulations |
8 | in this Commonwealth and shall remain in effect unless |
9 | subsequently modified by regulations promulgated by the |
10 | department. |
11 | (c) Sealers of weight and measures.-- |
12 | (1) The department may enter into agreements with any |
13 | city or county for which a sealer has been appointed for the |
14 | enforcement of provisions of this subchapter and of rules or |
15 | regulations promulgated under this subchapter. |
16 | (2) The sealer of a city or county shall have the same |
17 | authority and shall perform the same duties within the city |
18 | or county as are granted to and imposed upon the department |
19 | with respect to the inspection, testing and taking of |
20 | automotive fuel samples. |
21 | (3) The agreement shall provide that any revenues |
22 | generated pursuant to enforcement activities carried out by |
23 | the sealer of the city or county shall be retained by the |
24 | city or county. |
25 | § 4187.4. Standards for automotive fuel. |
26 | (a) Adoption of standards.--The department shall adopt the |
27 | latest standards for automotive spark ignition engines based on |
28 | the latest standards of the ASTM as determined by the FTC. The |
29 | standards shall be published as a notice in the Pennsylvania |
30 | Bulletin. |
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1 | (b) Automotive fuel.--Automotive fuel sold, offered or |
2 | exposed for sale or stored or held for distribution in this |
3 | Commonwealth shall comply with all of the following: |
4 | (1) ASTM specification D4814 or any subsequent updated | <-- |
5 | specifications as determined by the American Society for |
6 | Testing and Materials International. |
7 | (2) (1) Volatility requirements promulgated by the EPA | <-- |
8 | under 40 CFR Pt. 80 (relating to regulation of fuels and fuel |
9 | additives) or any supplement thereto or revisions thereof. |
10 | (3) For oxygenated gasoline, the (2) The Uniform Engine | <-- |
11 | Fuels, Petroleum Products and Automotive Lubricants |
12 | Regulation as adopted by the National Conference on Weights |
13 | and Measures in the National Institute of Standards and |
14 | Technology Handbook 130 and any supplements and revisions of |
15 | the regulation. |
16 | (c) Records and compliance review.--Each distributor, |
17 | producer or retailer who distributes, produces, blends, |
18 | transports, stores, sells or offers or exposes for sale |
19 | automotive fuel in this Commonwealth shall maintain for one year |
20 | original copies of all bills, manifests, delivery tickets and |
21 | invoices for the purpose of compliance review. |
22 | § 4187.5. Automotive fuel rating, disclosure and labeling |
23 | requirements. |
24 | (a) Disclosure requirements.--Each distributor, producer or |
25 | refiner who sells or offers or exposes for sale or delivers, |
26 | distributes, blends or produces automotive fuel in this |
27 | Commonwealth shall provide, at the time of delivery, a bill, |
28 | shipping manifest or other type of written invoice to the person |
29 | who receives the automotive fuel. The bill, shipping manifest or |
30 | other written invoice shall state the automotive fuel rating. |
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1 | (b) Posting and labeling requirements.-- |
2 | (1) Each retailer of automotive fuel in this |
3 | Commonwealth shall label in a clear and conspicuous manner |
4 | each automotive fuel dispenser which is used to sell or offer |
5 | or expose for sale automotive fuel, with the automotive fuel |
6 | rating of the fuel, which shall be consistent with the |
7 | automotive fuel rating certified to the retailer by the |
8 | refiner, distributor or oxygenate blender, as the case may |
9 | be. |
10 | (2) In the case of gasoline which is blended with other |
11 | gasoline, the automotive fuel rating shall be the average, |
12 | weighted by volume, of the octane rating certified to the |
13 | retailer by the distributor or refiner for each gasoline in |
14 | the blend or consistent with the lowest octane rating for any |
15 | gasoline in the blend as certified to the retailer by a |
16 | refiner or distributor. |
17 | (c) Oxygenated gasoline labeling requirements.--A person who |
18 | sells or offers or exposes oxygenated gasoline for sale shall |
19 | clearly and conspicuously label the dispenser which is used to |
20 | sell oxygenated gasoline at retail or to dispense oxygenated |
21 | gasoline into the fuel supply tanks of motor vehicles with a |
22 | notice stating that the gasoline is oxygenated. |
23 | (d) (Reserved). |
24 | (e) Labeling tolerance.--Labeling shall be in accordance | <-- |
25 | with specifications of the ASTM entitled "Specifications for |
26 | Automotive Spark-Ignition Engine Fuel," designated D4814 or any |
27 | supplements thereto or revisions thereof. |
28 | § 4187.6. Investigations. |
29 | (a) General rule.--The department may conduct investigations |
30 | to determine compliance with this subchapter. Investigations |
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1 | shall be conducted in accordance with sections 4116 (relating to |
2 | investigations) and 4120 (relating to police powers; right of |
3 | entry and stoppage). Inspections may be performed during normal |
4 | business hours and may include the collection and removal of |
5 | samples for laboratory testing if the quality or reliability of |
6 | the automotive fuel is questioned. |
7 | (b) Entry upon premises.-- |
8 | (1) The department may enter the premises and access |
9 | records of any establishment where automotive fuel is stored, |
10 | held, produced, distributed, offered or exposed for sale or |
11 | sold in this Commonwealth to: |
12 | (i) Inspect the automotive fuel in storage tanks and |
13 | take samples from the tanks and the dispensing system |
14 | connected to the storage tanks. The retailer or |
15 | distributor may request a second sample to be taken by |
16 | the inspector at the same time the initial sample is |
17 | drawn. All costs of the second sample shall be paid by |
18 | the retailer or distributor, as the case may be, making |
19 | the request. If the request for a second sample is made |
20 | by the retailer in accordance with procedures established |
21 | through an agreement with the distributor, producer or |
22 | refiner, all costs of drawing, handling and shipping the |
23 | sample shall be borne by the distributor, producer or |
24 | refiner who supplied the automotive fuel to the retailer. |
25 | If the request for a second sample is made by the |
26 | distributor in accordance with procedures established |
27 | through an agreement with the producer or refiner, all |
28 | costs of drawing, handling and shipping the sample shall |
29 | be borne by the producer or refiner who supplied the |
30 | automotive fuel to the distributor. |
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1 | (ii) Inspect automotive fuel dispensing systems and |
2 | related equipment, oxygenate labels, reformulated labels |
3 | and octane labels. |
4 | (iii) Make copies of automotive fuel shipping, |
5 | receiving and invoice documents and records to determine |
6 | compliance with sections 4187.4 (relating to standards |
7 | for automotive fuel) and 4187.5 (relating to automotive |
8 | fuel rating, disclosure and labeling requirements). |
9 | (2) The department shall limit inspections, compliance |
10 | reviews and copying under this subsection to information and |
11 | data relating to product quantity, quality, oxygen content, |
12 | octane, source and other information as may be reasonably |
13 | requested. |
14 | (c) Remedies.--If the department determines that an |
15 | automotive fuel sample does not conform with the standards set |
16 | forth in section 4187.4 or that a label displayed on a |
17 | dispensing system, storage tank or other dispensing device does |
18 | not conform with the requirements of section 4187.5, the |
19 | department may initiate any or all of the following actions to |
20 | prohibit sale of the nonconforming automotive fuel or to |
21 | prohibit the use of the nonconforming dispensing system, storage |
22 | tank or other dispensing device: |
23 | (1) Reject and mark as rejected the dispensing system, |
24 | storage tank or other dispensing device from which the sample |
25 | was obtained or on which the nonconforming label is attached. |
26 | (2) Seal and mark as sealed the storage tanks from which |
27 | the sample was drawn or the nonconforming label attached. |
28 | (3) Initiate criminal proceedings under section |
29 | 4187.7(d) (relating to violations and penalties). |
30 | (4) Issue a citation. |
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1 | (5) Issue a stop-sale notice under subsection (d). |
2 | (6) Advise the retailer or distributor that the |
3 | automotive fuel must be blended with another automotive fuel |
4 | to bring it into compliance, provided that the product does |
5 | not endanger public health or safety or adversely affect the |
6 | emissions characteristics of the motor vehicles in which it |
7 | is used. |
8 | (7) Issue a written warning directing the retailer or |
9 | distributor to correct the nonconforming label. |
10 | (d) Stop-sale notice.-- |
11 | (1) The department may immediately seize and seal, in |
12 | order to prevent further sales, any dispensing system, |
13 | storage tank or other dispensing device from which automotive |
14 | fuel is sold or offered or exposed for sale in violation of |
15 | the provisions of this subchapter and to issue a stop-sale |
16 | notice to the retailer or distributor if the department has |
17 | reason to believe the retailer or distributor willfully or |
18 | intentionally violated this subchapter or the regulations |
19 | promulgated in accordance with this subchapter. |
20 | (2) No automotive fuel subject to a stop-sale notice may |
21 | be sold, exposed, offered for sale or transported unless the |
22 | retailer or distributor has received approval from the |
23 | department. |
24 | (3) No automotive fuel which has been seized and sealed |
25 | by the department for violation of section 4187.4 or 4187.5 |
26 | may be offered or exposed for sale until the department has |
27 | been fully satisfied that the automotive fuel has been |
28 | blended, refined or properly labeled to meet the requirements |
29 | of this subchapter and the retailer or distributor has been |
30 | notified of the department's decision to permit the sale or |
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1 | relabeling of the fuel. |
2 | (e) Posting of stop-sale notice.--The department shall post, |
3 | in a conspicuous place on the premises where a dispensing |
4 | system, storage tank or other dispensing device has been sealed, |
5 | a notice stating that sealing has taken place and warning that |
6 | it shall be unlawful to break, mutilate or destroy the seal or |
7 | to remove the contents of the dispensing system, storage tank or |
8 | other dispensing device without the approval of the department. |
9 | (f) Notice required to remove seal.-- |
10 | (1) A retailer, distributor or producer who owns an |
11 | automotive fuel dispensing system, storage tank or other |
12 | dispensing device which has been sealed by the department |
13 | shall obtain the approval of the department before the fuel |
14 | is removed or a proper label attached. |
15 | (2) A written notice of any corrective action taken |
16 | shall be submitted to the department within three working |
17 | days. |
18 | (3) The department may reinspect the automotive fuel |
19 | dispensing system, storage tank or other dispensing device to |
20 | determine compliance. The retailer, distributor, producer or |
21 | refiner that owns the system or device which has been sealed |
22 | shall provide documentation of the corrective action taken, |
23 | including any applicable shipping papers or bills of lading |
24 | showing the disposal or final disposition of the automotive |
25 | fuel and any other information necessary to permit the |
26 | department to audit and confirm that the corrective action |
27 | was as previously approved by the department. |
28 | (4) No retailer, distributor, producer or refiner may |
29 | remove a seal, except when given specific approval by the |
30 | department. |
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1 | § 4187.7. Violations and penalties. |
2 | (a) Retail violations.--The department may assess a civil |
3 | penalty of not more than $5,000 upon a retailer who sells or |
4 | offers or exposes for sale automotive fuel from any dispensing |
5 | system, storage tank or other dispensing device which has not |
6 | been labeled in accordance with the provisions of this |
7 | subchapter, or who sells or offers or exposes for sale any |
8 | automotive fuel which does not meet or exceed the required |
9 | standards for the automotive fuel rating displayed on the label |
10 | attached to the dispensing system, storage tank or other |
11 | dispensing device, or who sells or offers or exposes for sale |
12 | automotive fuel which has been contaminated. |
13 | (b) Distributor, producer or refiner violations.--The |
14 | department may assess a civil penalty of not more than $5,000 |
15 | upon a distributor, producer or refiner who sells or offers or |
16 | exposes for sale automotive fuel which does not meet the |
17 | automotive fuel rating certified by the distributor, producer or |
18 | refiner or who sells or offers or exposes for sale automotive |
19 | fuel which does not meet the requirements of section 4187.4 |
20 | (relating to standards for automotive fuel). |
21 | (c) Knowledge of deceptive practice.--In addition to any |
22 | civil penalty imposed for violations of subsection (a) or (b), |
23 | the department may assess a distributor, producer, refiner or |
24 | retailer with an additional civil penalty equal to: |
25 | (1) the difference between the price per gallon charged |
26 | to the consumer for the automotive fuel in question and the |
27 | price per gallon charged to the consumer for the lowest |
28 | octane grade at the retail dispensing facility at the time of |
29 | the violation; and |
30 | (2) multiplied by the capacity of the storage tank from |
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1 | which the product in question was dispensed; |
2 | if the distributor, producer, refiner or retailer violates any |
3 | provisions of this subchapter with actual knowledge that the act |
4 | or practice underlying the violation is unfair or deceptive. |
5 | (d) Repeat violations.--In addition to any civil penalty |
6 | assessed in accordance with the provisions of this section, the |
7 | department may initiate criminal proceedings for a second or |
8 | subsequent violation of sections 4187.4 and 4187.5 (relating to |
9 | automotive fuel rating, disclosure and labeling requirements). A |
10 | second or subsequent violation shall constitute a misdemeanor of |
11 | the third degree. |
12 | (e) Removal of seals.--The department may assess a civil |
13 | penalty of not less than $1,000 nor more than $5,000 on any |
14 | person, other than a person designated by the department, who: |
15 | (1) breaks, mutilates or destroys any seal placed upon a |
16 | dispensing system, storage tank or other dispensing device |
17 | used to deliver or store automotive fuel; |
18 | (2) removes automotive fuel from a dispensing system, |
19 | storage tank or other dispensing device which has been |
20 | sealed; or |
21 | (3) defaces or removes a posted notice of sealing. |
22 | (f) Hearings.--No civil penalty shall be assessed under this |
23 | section unless the person charged has been given notice and |
24 | opportunity for hearing in accordance with 2 Pa.C.S. (relating |
25 | to administrative law and procedure). |
26 | (g) Innocent sellers exemption.--The department shall not |
27 | impose a civil penalty for a violation of subsection (a) |
28 | regarding labeling if the retailer labeled the dispensing |
29 | system, storage tank or other dispensing device in reasonable |
30 | reliance on documentation provided by the distributor, producer |
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1 | or refiner certifying the standards for automotive fuel rating. |
2 | (h) Private action by retailer.--If a retailer unknowingly |
3 | and without deception sells or offers or exposes for sale |
4 | automotive fuel which does not conform with the provisions of |
5 | this subchapter, the distributor, producer, oxygenate blender or |
6 | refiner, as the case may be, of the nonconforming automotive |
7 | fuel shall be liable in damages to the retailer for any |
8 | ascertainable loss of money or property. |
9 | (i) Acts or practices constituting unfair trade.--It shall |
10 | be an unfair method of competition and an unfair or deceptive |
11 | act or practice in or affecting trade and commerce in this |
12 | Commonwealth within the meaning of section 3 of the act of |
13 | December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade |
14 | Practices and Consumer Protection Law, for any retailer, |
15 | producer, distributor, oxygenate blender or refiner to violate |
16 | the provisions of this subchapter or any regulations promulgated |
17 | under this subchapter. |
18 | Section 2. The heading of Subchapter F of Chapter 41 of |
19 | Title 3 is amended to read: |
20 | SUBCHAPTER [F] G |
21 | MISCELLANEOUS PROVISIONS |
22 | Section 3. This act shall take effect in 30 days. |
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