NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6366
SPONSOR: Weprin (MS) TITLE OF BILL:
An act to amend the agriculture and markets law and the executive law,
in relation to protecting consumers from price gouging and product
tampering of gasoline
PURPOSE:
The purpose of this bill is provide consumers with a convenient and
accessible means of filing complaints regarding the practices of motor
fuel dealers.
SUMMARY OF PROVISIONS:
Section one of the bill amends subdivision 5 of section 192 of the Agri-
culture and Markets Law to require motor vehicle fuel dealers to post on
dispensing devices a notice containing a toll-free consumer complaint
hotline.
Section two of the bill, provides that the toll-free hotline shall be
established and maintained by the Department of Law.
JUSTIFICATION:
With the consistent rise of gas prices there is an added need for
consumers to feel they are still receiving an adequate product that has
been priced at a fair market value and has not been physically tampered
with. Consumers should know how and where to a complaint if they feel
their rights have been violated, and this information should be readily
available to consumers at the place of purchase/service.
PRIOR LEGISLATIVE HISTORY:
02/09/17 referred to consumer affairs and protection
01/03/18 referred to consumer affairs and protection
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
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6366
2023-2024 Regular Sessions
IN ASSEMBLY
April 5, 2023
___________
Introduced by M. of A. WEPRIN, OTIS, THIELE -- Multi-Sponsored by -- M.
of A. COOK -- read once and referred to the Committee on Consumer
Affairs and Protection
AN ACT to amend the agriculture and markets law and the executive law,
in relation to protecting consumers from price gouging and product
tampering of gasoline
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph a of subdivision 5 of section 192 of the agricul-
2 ture and markets law, as amended by chapter 101 of the laws of 1986, is
3 amended to read as follows:
4 a. It shall be unlawful for any person, firm or corporation to sell or
5 offer for sale at retail for use in internal combustion engines in motor
6 vehicles or motorboats any motor fuel unless such seller shall:
7 (i) post and keep posted on the dispensing device from which such
8 motor fuel is sold or offered for sale a sign or placard, at least
9 twelve inches in height and at least twelve inches in width, stating
10 clearly and legibly with the whole cent numerals at least nine inches in
11 height and at least two inches in width, the selling price per gallon of
12 such motor fuel; or
13 (ii) where such individual pump or dispensing device dispenses more
14 than two differently priced grades of motor fuel, only the highest and
15 lowest selling price per gallon of such motor fuel dispensed therefrom
16 must be posted thereon in conformance with all other provisions of this
17 subdivision; or
18 (iii) where a multiple product dispensing device is capable of
19 dispensing multiple products at multiple prices, then the selling price
20 per gallon may be posted thereon with numerals at least one-half that
21 height and one-half that width required by subparagraph (i) of this
22 paragraph, although numerals representing tenths of a cent may be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10611-01-3
A. 6366 2
1 displayed at no less than one-half those dimensions which disclose the
2 selling price per gallon of such motor fuel dispensed therefrom;
3 (iv) post and keep posted on the dispensing device from which such
4 motor fuel is sold or offered for sale a sign or placard, of a size to
5 be determined by the commissioner, stating clearly and legibly, in
6 substantially similar form:
7 NOTICE TO CONSUMERS: IF YOU HAVE A COMPLAINT REGARDING THIS BUSINESS,
8 YOU MAY CALL THE FOLLOWING TOLL-FREE NEW YORK STATE HOTLINE: (INSERT THE
9 CURRENT TELEPHONE NUMBER ESTABLISHED BY THE DEPARTMENT OF STATE FOR
10 RECEIVING COMPLAINTS FROM CONSUMERS PURSUANT TO SUBPARAGRAPH 16 OF PARA-
11 GRAPH A OF SUBDIVISION 3 OF SECTION 94-A OF THE EXECUTIVE LAW).
12 The signs and selling prices shall be posted so as to be clearly visi-
13 ble to the driver of an approaching motor vehicle or motorboat. The
14 name, trade name, brand, mark or symbol, and grade of quality classi-
15 fication, if any of such motor fuel shall be permanently imprinted on
16 said motor fuel dispensing device. The provisions of this subdivision
17 shall not apply to a city, county, town or village which has already
18 enacted and continues in effect a local law, ordinance, rule or regu-
19 lation in substantial conformity with this subdivision. The provisions
20 of this subdivision shall be enforced in the counties outside the city
21 of New York by the county or city director of weights and measures, as
22 the case may be, and in the city of New York by the department of
23 consumer affairs. The commissioner, by rule, shall establish the size
24 of the sign or placard required under subparagraph (iv) of this para-
25 graph.
26 § 2. Paragraph a of subdivision 3 of section 94-a of the executive law
27 is amended by adding a new subparagraph 17 to read as follows:
28 (17) (i) no later than January first, two thousand twenty-four, estab-
29 lish a toll-free telephone number for receiving complaints related to
30 the retail sale of motor fuel. The toll-free number may be an existing
31 number established by the department of state for receiving inquiries
32 from consumers.
33 (ii) Employees of the department of state, upon receipt of a complaint
34 from a consumer through means of the toll-free number established in
35 clause (i) of this subparagraph, shall forward the contents of such
36 complaint to the department of agriculture and markets and the appropri-
37 ate municipality or local government.
38 § 3. This act shall take effect immediately; provided, however, that
39 section one of this act shall take effect April 1, 2024. Effective
40 immediately, the addition, amendment, and/or repeal of any rule or regu-
41 lation necessary for the implementation of this act on its effective
42 date are authorized to be made and completed on or before such effective
43 date.
