Retail Sales of Petroleum Products

RCNY tit. 6, ch. 4, subch. E

in effect

6 RCNY § 4-51 Testing and Approval of Pumps and Measuring Devices.

§ 4-51 Testing and Approval of Pumps and Measuring Devices. No person, firm or corporation in the business of selling or offering for sale gasoline or other petroleum products, shall use any pump or measuring device, after installation or repair, unless such device has been tested and approved by the Commissioner of Consumer Affairs or an Inspector of the Department.

6 RCNY § 4-52 Priming of Pumps.

§ 4-52 Priming of Pumps. Every person, firm or corporation in the business of selling or offering for sale gasoline or other petroleum products for use in a motor vehicle, shall prime each pump every day before serving the public, and shall have an approved and sealed five (5) gallon test measure on the premises to test these pumps daily. The name and address of the premises shall be indelibly imprinted on the five (5) gallon test measure and such markings shall be clear, legible and in letters not less than one inch in height.

6 RCNY § 4-53 Official Seal.

§ 4-53 Official Seal. The official seal placed on pumps or other measuring devices by an Inspector of the Department, shall not be removed, defaced, or obscured.

6 RCNY § 4-54 Security Seal.

§ 4-54 Security Seal. The security seal attached to the meter adjustment shall remain unbroken, except that a licensed repairman may break the city seal to make necessary repairs or recalibrations. Immediately upon completion of repair, the licensed repairman shall replace the security seal with his own, bearing proper identification. The repairman shall then notify this Department, in writing, within twenty-four hours, of such repair.

6 RCNY § 4-55 Out-of-Order Pumps.

§ 4-55 Out-of-Order Pumps. A sign, placard, or other display, printed with red letters of at least one inch in height, must be placed over the dial face of any gasoline or diesel motor fuel dispensing device which is not in proper working order. The delivery hose must be disconnected therefrom. The sign must read as follows: "THIS PUMP IS OUT OF ORDER." (Amended City Record 11/26/2021, eff. 12/26/2021)

6 RCNY § 4-56 Dispensing Devices.

§ 4-56 Dispensing Devices. No sale or offer for sale of gasoline or diesel motor fuel shall be made, at retail, from a dispensing device which has a broken interlock and which does not have on its face or dial, in red letters, the following statement, "Gallon and Total Price Indicators Must Be At Zero When Delivery Is Begun, Under Penalty Of Law."

6 RCNY § 4-57 Bottles and Measures.

§ 4-57 Bottles and Measures. All bottles and measures, used in measuring and selling petroleum products, shall conform to the following specifications: (a) All bottles must be legal type with a line blown in the bottle, denoting capacity of bottle. (b) Dented or damaged standard liquid measures are prohibited. (c) Vendors shall not deliver liquid petroleum products in measures larger than necessary, i.e.: 1 quart of oil in a 1/2 gallon measure. 3 quarts of oil in a gallon measure.

6 RCNY § 4-58 Grease Measuring Devices.

§ 4-58 Grease Measuring Devices. Grease measuring devices for transmission and differential lubricants. (a) Each unit must be primed each time before use. (b) The unit of measure shall be one pint and multiples thereof. Delivery must be made by liquid measure, not pounds.

6 RCNY § 4-59 Inspection Certificates.

§ 4-59 Inspection Certificates. All owners or users of weighing or measuring devices shall retain, for one year and have available for examination, the inspection certificate issued to them by a Consumer Affairs Inspector, as evidence that these devices have been tested and sealed in accordance with law.

6 RCNY § 4-60 Yard and Delivery Tickets.

§ 4-60 Yard and Delivery Tickets. (a) The driver of each truck making a delivery of gasoline shall be supplied with a yard or delivery ticket, to be kept in his possession until completion of the delivery of the entire load. (b) Each yard or delivery ticket shall be consecutively numbered. (c) Each yard or delivery ticket shall indicate clearly the type of gasoline in each compartment. (d) Yard or delivery tickets shall be made available to Inspectors of the Department at any time during delivery. (e) The yard or delivery ticket shall be shown to a purchaser upon his or her demand during delivery.

6 RCNY § 4-61 Return and Inspection of Tickets.

§ 4-61 Return and Inspection of Tickets. Upon completion of delivery, the yard or delivery ticket shall be turned in by the driver to the originating terminal, where it shall be kept on file for six (6) months, and shall be made available during business hours, for inspection.

6 RCNY § 4-62 Selector Valves.

§ 4-62 Selector Valves. Selector valves on each truck used for making a delivery of gasoline shall be clearly and indelibly marked and maintained, so that the relationship of the selector valve to the numbered compartment is readily visible.

6 RCNY § 4-63 Signs.

§ 4-63 Signs. (a) Pump-signs. (1) Each pump which dispenses gasoline or diesel motor fuel for sale at retail shall display a sign in compliance with the requirements of § 20-672 of the Administrative Code (hereinafter referred to as the "Sign"). The Sign shall be composed of two units, one shall contain the total selling price and the other shall contain the price breakdown box. (2) The unit of the Sign setting forth the total selling price shall display the selling price per gallon including all applicable taxes and shall be accompanied by the statement "Includes All Taxes." All numbers used to display the total selling price shall be of uniform size and shall be at least 8 inches in height, and a stroke width of at least 7/8 inch. The statement "Includes All Taxes" shall be in letters of uniform size at least 1/2 inch in height and extending at least 5 1/2 inches. (3) The unit of the Sign setting forth the price breakdown box shall be located in the lower right hand corner of the Sign and shall be no less than 6 inches in height and 4 inches in width. The price breakdown box shall include the basic price per gallon, the Federal and State taxes per gallon, the New York City sales tax per gallon, the City lead tax per gallon and the total selling price per gallon. All numbers used in the price breakdown box shall be of uniform size and shall be at least one inch in height with a stroke width of at least 3/16 of an inch. (4) Where a tenth of a cent number is used on the Sign, that number must be at least 1/2 the size of the number to which it relates. (5) All letters used to explain the information in the price breakdown box of the Sign shall be at least 1/4 inch in height and 1/8 of an inch in width. (6) The Sign shall be securely fixed to the pump so that the information may be easily read from the dispensing side of the pump. (7) If service of gasoline or diesel motor fuel may be made from more than one side of a pump or dispensing device, the Sign shall be so constructed as to be visible from each side from which dispensing takes place or a Sign shall be posted on each side that dispensing takes place. (8) Each pump which dispenses more than two grades of gasoline shall display a sign which shall be not less than 13 inches in height and 26 inches in width and shall contain the total selling price and a price breakdown box for each grade of gasoline dispensed, and shall satisfy the following conditions and paragraphs (4), (6) and (7) of this 6 RCNY § 4-63(a): (i) The width space of the sign shall be equally divided among all of the grades of gasoline dispensed. (ii) Each grade subdivision of the sign shall be composed of two units. One shall contain the total selling price and the other shall contain the price breakdown box. (iii) The unit of the sign setting forth the total selling price shall display the grades and grade numbers advertised and prices per gallon including all applicable taxes and shall be accompanied by the statement "Includes All Taxes." All numbers used to display the total selling price shall be of uniform size. (iv) For signs containing three or more grades of gasoline, the numbers relating to price shall be at least 7 1/2 inches in height and at least 1 1/2 inches in width and a stroke width of 1/2 inch. (v) The price breakdown box for each grade subdivision shall be located directly below the total selling price for each grade and grade number advertised and shall be at least 3 3/8 inches in height and as wide as each grade subdivision. The price breakdown box shall include the basic price per gallon, the Federal and State taxes per gallon, the New York City sales tax per gallon, the City lead tax per gallon and the total selling price per gallon. All numbers in the price breakdown box shall be at least 5/8 inch in height and at least 3/8 inch in width with a stroke width of 1/8 inch. (vi) All letters used to explain the information in the price breakdown box of the sign shall be at least 1/4 inch in height and at least 1/8 inch in width. (vii) All letters and numbers advertising the grades of gasoline dispensed shall be at least one inch in height and at least 1/2 inch in width with a stroke width of at least 1/8 inch. The statement "Includes All Taxes" shall be in letters of uniform size at least one half inch in height. (b) Petroleum product signs related to price, not located on dispensing equipment. (1) Every sign, poster or placard used to display, advertise, or refer to the price of any petroleum product, including gasoline and diesel motor fuel, other than that used on a dispensing device, must clearly display: (i) The name, trade name, brand, mark or symbol, and grade or quality classification, if any, and method of processing, of any displayed, advertised, or referred to products, or, if such products are sold without identification, such sign, placard or other display must refer clearly to such products as unbranded; (a) If a product displayed, advertised, or referred to is associated with the same brand as the petroleum station offering such product for sale, the name, trade name, brand, mark or symbol of such product may be placed either adjacent to or directly above the grade or quality classification and the price(s) of such product, and all such information shall be deemed to be displayed on the same sign; (b) If a product displayed, advertised, or referred to is unbranded or is associated with a different brand than the petroleum station offering such product for sale, the term "unbranded" or the name, trade name, brand, mark or symbol associated with such product must be displayed adjacent to the grade or quality classification and the price(s) of such product; (ii) the price, including all applicable taxes, per unit of measure at which such product is customarily sold at retail, which for gasoline or diesel motor fuel must be by gallon; (iii) near the price, the legend "Includes All Taxes;" (iv) if gasoline is offered for sale, the price of the lowest grade of gasoline offered for sale; and (v) if the price charged for a petroleum product displayed, advertised or referred to on the sign, poster or placard varies based on the form of payment, each price charged for that product along with language identifying the product and form or forms of payment associated with each price. (2) The total number of signs, posters, and placards used to display, advertise or refer to the price of petroleum products shall not exceed the number of vehicular traffic streets upon which the service station faces. For the purpose of this section, signs used on dispensing devices shall not be included in the number of signs permitted to be displayed and a sandwich or "A" sign, placard, or poster shall be considered one sign. (3) Any sign, poster or placard shall be located within the building line of the service station. (4) Size requirements for letters and numbers on signs: (i) All numbers referring to price must be the same height, width and thickness except when a tenth of a cent number is used, that number must be at least one half the size of the number to which it relates. (ii) All letters must be of a height, width, and thickness that is no greater than the size of the largest number on the sign, poster, or placard referring to price. (iii) Identification of the petroleum product offered for sale and any non-numerical language distinguishing the prices charged for different forms of payment must be in letters and numbers not less than one-half of the height, width and thickness of the numbers referring to price. (iv) All letters and numbers shall be black on a white background or displayed on an illuminated light-emitting diode sign. (Amended City Record 12/8/2017, eff. 1/7/2018)

6 RCNY § 4-64 "Fill" and "Stick" Lines – General.

§ 4-64 "Fill" and "Stick" Lines – General. The covers of "fill" lines and "stick" lines shall be painted with distinctive colors and, city wide, shall be uniform as to trade name, brand, mark or symbol, and grade or quality classification. The colors on the covers of "fill" and "stick" lines pertaining to the same products shall be identical.

6 RCNY § 4-65 "Fill" and "Stick" Lines – Major Oil Companies.

§ 4-65 "Fill" and "Stick" Lines – Major Oil Companies. Major oil companies, whose products are sold or offered for sale in the City of New York, shall notify the Department as to the colors currently being used on the covers of "fill" and "stick" lines on premises dispensing their gasoline and diesel motor fuel.

6 RCNY § 4-66 Color Samples.

§ 4-66 Color Samples. Each company selling gasoline in the City of New York shall supply the Department with one (1) gallon of color sample of each type of gasoline. The color sample may be in either an aqueous solution or in a miscible oil base. Whenever a product is so changed that the color is changed, the company making the change shall supply the Department with a new one (1) gallon sample denoting the new color.

6 RCNY § 4-67 Gauges.

§ 4-67 Gauges. Gauges installed where "stick" lines have been sealed pursuant to Fire Department regulations, shall be maintained within a tolerance of 3 percent.

6 RCNY § 4-68 Sale of Petroleum Products Other Than Gasoline and Diesel Motor Fuel.

§ 4-68 Sale of Petroleum Products Other Than Gasoline and Diesel Motor Fuel. A petroleum product, other than gasoline and diesel motor fuel, shall be sold or offered for sale only in a sealed container if the container of such product has imprinted thereon a name, trade name, brand, mark or symbol or other identification of the product.

6 RCNY § 4-69 Water in Gasoline.

§ 4-69 Water in Gasoline. (a) Storage tanks on premises from which gasoline or diesel motor fuels are drawn and sold or offered for sale, at retail, for use in motor vehicles shall be checked daily by the operators of the premises for water content. Such test should always be made at a reasonable time after a truck delivery of the product and may be considered as complying with the once-a-day requirement. If one or more inches of water are present in any of the tanks, the operators shall cease dispensing gasoline or diesel oil from those pumps drawing from these storage tanks and shall take immediate steps to remove the water from these storage tanks. (b) It shall be a violation of these rules and regulations to sell, offer for sale or have available for sale, at retail, for use in a motor vehicle, gasoline or diesel motor fuel from a storage tank, which, on test, is shown to have two or more inches of water. (c) No operator of service station selling or offering for sale gasoline or diesel motor oil, at retail, for use in a motor vehicle, shall use or allow the use of a dispensing pump which draws gasoline or diesel oil from a storage tank into which a truck is delivering either of these petroleum products.

6 RCNY § 4-70 Octane Posting.

§ 4-70 Octane Posting. (a) Retailers must post the octane rating of all gasoline sold to consumers. The posting is fulfilled by putting at least one label on each face of each gasoline dispenser through which the gasoline is sold. If two or more kinds of gasoline are sold with different octane ratings from a single dispenser, then separate labels must be placed for each kind of gasoline on each face of the dispenser. (b) (1) The label or labels must be placed conspicuously on the dispenser so as to be in full view of consumers as near as reasonably practical to the price per gallon of the gasoline. (2) Petitions for an exemption from the placement requirements are to be submitted in writing to the secretary of the United States Federal Trade Commission. The petition must include the reasons for the desired exemption. (c) (1) If the gasoline is not blended with other gasoline, then the posting must be consistent with the certified octane rating. If the gasoline is blended with other gasoline, then the posting must be consistent with the determination of the average, weighted by volume, of the certified octane ratings for each gasoline in the blend, or consistent with the lowest octane rating certified for any gasoline in the blend. Whether the gasoline is blended or not, a retailer may choose to post the determination of the octane rating according to the method below, which is in accordance with Part 306.4 of the Federal Trade Commission regulations. (2) To Determine Octane Rating. (i) Refiners, importers or producers must determine the octane rating of all gasoline before it is transferred. This can be done by the refiner, importer, producer, or through a testing lab. (ii) (A) To find the octane rating, add the research octane number and the motor octane number and divide by two as explained by the American Society for Testing and Materials (ASTM) in ASTM D 439-78, entitled "Standard Specifications for Automotive Gasoline." To determine the research octane number, use ASTM standard test method D 2699-75 and to determine the motor octane number, use ASTM standard test method D 2700-75. (B) If ASTM changes these standards, there will be a 30-day comment period, beginning after the Commission publishes the change in the FEDERAL REGISTER. During this time, Commission staff or any person affected by the change may petition the Commission not to adopt the change because it is a change in the procedures for determining octane ratings, or to extend the length of time of the grace period that follows the comment period. If based on comments, the Commission decides to permit incorporation of the change into the rule. The change will become effective 60 days after expiration of the comment period, unless this period is extended by the Commission. If the Commission decides not to permit automatic incorporation, formal procedures may be initiated to evaluate the change. (d) (1) Retailers must maintain and replace labels as needed to make sure consumers can easily see and read them. (2) If the labels are destroyed or are unusable or unreasonable for some unexpected reason, a retailer may post a temporary label as much like the required label as possible. However, the required label must be posted as soon as possible. (3) Retailers who receive gasoline from a common carrier, must receive, from the common carrier, a certification of the octane rating of the gasoline, either by letter or on the delivery ticket or other paper.

6 RCNY § 4-71 Octane Posting Labels.

§ 4-71 Octane Posting Labels. All labels must meet the following specifications: (a) Layout. The label is 3" wide × 2 1/2" long. Helvetica type is used throughout except for the octane rating number which is in Franklin gothic type. Spacing of the label is 1/4" between the top border and the first line of text, 1/8" between the first and second line of text, 1/4" between the octane rating and the line of text above it. All text and numerals are centered within the interior borders. (b) Type size and setting. The Helvetica series is used for all numbers and letters with the exception of the octane rating number. Helvetica is available in a variety of phototype setting systems and by linotype.The line "MINIMUM OCTANE RATING" is set in 12 point Helvetica Bold, all capitals, with letterspace set at 12 1/2 points. The line "(R M)/2 METHOD" is set in 10 point Helvetica Bold, all capitals, with letterspace set 10 1/2 points. The octane number is set in 96 point Franklin gothic condensed with 1/8" space between the numbers. (c) Colors. The basic color on all labels is process yellow. All type is process black. All borders are process black. Both colors must be non-fade. (d) Contents. The proper octane rating for each gasoline must be shown. No marks or information other than that called for by this rule may appear on the label.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-131261Fetched: 10/24/2026