1Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
2Statutes, further providing for Automotive Fuel Testing and
3Disclosure Program.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 4187.3 of Title 3 of the Pennsylvania 
7Consolidated Statutes, added November 1, 2012 (P.L. , No.208), 
8is amended to read:

9§ 4187.3. Automotive Fuel Testing and Disclosure Program.

10(a) Authorization.--The department [may] shall establish and 
11implement the Automotive Fuel Testing and Disclosure Program to 
12provide for the testing of automotive fuel on a random, 
13unannounced basis.

14(b) Duties of department.--The department [may] shall 
15enforce the provisions of this subchapter and shall have the 
16following authority:

17(1) Take samples of automotive fuel for testing of its 

1octane rating wherever it is offered or exposed for sale or 
2use or sold by a retailer in this Commonwealth. When testing 
3occurs, it shall be coordinated with the testing required for 
4proper volumes of gasoline.

5(2) Inspect and test on a random, unannounced basis and 
6upon consumer complaint. If the octane rating of a tested 
7automotive fuel does not match the octane rating as displayed 
8on the fueling dispenser, the automotive fuel sample shall be 
9tested in accordance with the methods of the ASTM or other 
10test methods adopted by the FTC under the Petroleum Marketing 
11Practices Act (Public Law 95-297, 15 U.S.C. § 2801 et seq.) 
12to ensure that the motor fuel sample is in compliance with 
13the motor fuel specifications of the ASTM.

14(3) Maintain records of all inspections.

15(4) Inspect the labeling of automotive fuel dispensers
16and storage tanks at retail businesses or locations where the
17products are sold or offered or exposed for sale or use.

18(5) Enter into contractual agreements with qualified
19laboratories as a cost-saving measure for the purpose of
20analyzing automotive fuel samples, if the octane level of the
21automotive fuel is questioned.

22(6) Promulgate regulations as necessary for the
23enforcement and administration of this subchapter. All
24regulations adopted by the FTC under the Petroleum Marketing
25Practices Act to govern the certification, disclosure,
26posting and labeling of automotive fuel before, on or after
27the effective date of this section are adopted as regulations
28in this Commonwealth and shall remain in effect unless
29subsequently modified by regulations promulgated by the
30department.

1(c) Sealers of weight and measures.--

2(1) The department may enter into agreements with any
3city or county for which a sealer has been appointed for the
4enforcement of provisions of this subchapter and of rules or
5regulations promulgated under this subchapter.

6(2) The sealer of a city or county shall have the same
7authority and shall perform the same duties within the city
8or county as are granted to and imposed upon the department
9with respect to the inspection, testing and taking of
10automotive fuel samples.

11(3) The agreement shall provide that any revenues
12generated pursuant to enforcement activities carried out by
13the sealer of the city or county shall be retained by the
14city or county.

15Section 2. This act shall take effect in 60 days.