Sec. 14-329. Standard gallon. Delivery through meter. Disclosure of purchaser's costs associated with retail fuel oil or propane gas. Exemptions. Penalties.
Sec. 14-329. Standard gallon. Delivery through meter. Disclosure of purchaser's costs associated with retail fuel oil or propane gas. Exemptions. Penalties. (a)
The standard gallon shall be the unit of measurement for all sales of gasoline, kerosene,
fuel oils or similar substances sold or offered for sale for the purpose of creating power
or heat. Each delivery of gasoline in a quantity of fifty gallons or more and each delivery
of kerosene, fuel oil or similar substance in a quantity of five gallons or more shall be
the complete contents of a vehicle tank or it shall be through a meter. Each such tank
or meter shall be sealed by a sealer of weights and measures before being used. The
term "vehicle tank", as used herein, means a container, which may or may not be subdivided into two or more compartments, mounted upon a wagon or motor truck and used
for the delivery of such fluids. The term "compartment" means the entire tank whenever
the tank is not subdivided; otherwise it means any one of those subdivided portions of
the tank which are designed to hold such fluids. Each delivery through a meter shall be
delivered through a meter equipped with a numeral reset counter, a register with a zero
start or an accumulative ticket printer, which meters shall print an accurate record of
all deliveries in gallons and tenths. Such ticket printer shall print the gallonage reading
of the meter before and after delivery is made and each ticket shall be locked in the
meter between readings so as to prevent fraud. Each delivery shall be accompanied by
a delivery ticket and a duplicate thereof, on which shall be distinctly expressed in ink
or other indelible substance, in gallons, or gallons and tenths when so required, the
quantity of such fluid so delivered, with the name of the seller and the name of the
purchaser of such fluid. One of such tickets shall be surrendered, upon demand, to the
sealer of weights and measures, for his inspection, and such ticket or, when the sealer
desires to retain the original ticket, a measure slip issued by the seller or his agent, shall
be delivered to the purchaser or his agent or representative at the time of the delivery
of such fluid. If the purchaser or his agent takes such fluid from the place of purchase,
a delivery ticket showing the actual number of gallons, or gallons and tenths, delivered
shall be given to the purchaser or his agent at the time of delivery. Delivery tickets shall
bear the name or identification number of the seller's driver and shall be sequentially
numbered. Copies of delivery tickets shall be retained by the seller for one year and
shall be available for inspection during normal business hours. No seller, or agent of
such seller, shall possess a delivery ticket which has been printed with a record of a
delivery which has not occurred. The method of determining the number of gallons of
any such fluid delivered shall be by measuring the same in measures that have been
tested and sealed by a sealer of weights and measures.
(b) No person, firm or corporation shall sell at retail fuel oil or propane gas to be
used for residential heating unless all of the purchaser's costs associated with such fuel
oil or propane gas, including, but not limited to, unit price and any delivery surcharge,
are disclosed to the purchaser, in writing, at the time the purchaser enters into a purchase
contract with the seller or at the time of renewal of such contract. Such disclosures shall
be made by the seller when the purchaser places an order for such fuel oil or propane
gas if there is no contract between the seller and purchaser.
(c) The provisions of this section shall not apply to barge, railroad tank car, drum
or slow flow meter delivery.
(d) The provisions of this section requiring meters to print tenths of a gallon shall
not apply to bulk plant deliveries to a reseller, or bulk delivery of gasoline to service
stations for resale. On other high-speed, large volume deliveries, the Commissioner of
Consumer Protection may waive the one-tenth gallon requirement, upon request. On
all of these deliveries the meters shall print an accurate record in gallons.
(e) Any person who, by himself or by his agent or employee, or as the employee
or agent of another, violates any provision of this section shall be subject to the penalties
provided in chapter 750, concerning weights and measures, or chapter 296, concerning
operation of fuel supply businesses, as applicable.
(1949 Rev., S. 2546; 1959, P.A. 565; 1961, P.A. 100; 1963, P.A. 104; 1967, P.A. 341, S. 1; P.A. 85-250; June 30 Sp.
Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 06-65, S. 1.)
History: 1959 act added Subsec. (b) and amended Subsec. (a) by adding specifications for meter devices and provisions
for recording gallons and tenths on delivery ticket; 1961 act amended Subsec. (a) by removing limitation of section to
"retail" deliveries and added expiration date and renewal provisions for permit in Subsec. (b); 1963 act added exception
for slow flow meter deliveries in Subsec. (c); 1967 act amended Subsec. (a) to delete provision re mailing of tickets, deleted
Subsec. (b) detailing permits which allowed mailing of tickets, relettered former Subsec. (c) as Subsec. (b) and inserted
new Subsec. (c) re waiver of tenths printing requirement; P.A. 85-250 amended Subsec. (a) to require delivery tickets to
bear the name or identification number of the seller's driver, to require such tickets to be numbered, to require sellers to
retain copies of such tickets for a year, to require sellers to make such tickets available for inspection and to prohibit the
possession of a delivery ticket which has been printed with a record of a delivery which has not occurred; June 30 Sp. Sess.
P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection,
effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the
Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 06-65 added new Subsec. (b) re disclosure of purchaser's costs for residential heating fuel oil or propane gas, redesignated existing Subsecs. (b), (c) and (d) as
new Subsecs. (c), (d) and (e) and replaced reference to Sec. 43-9 with applicable chapter references in new Subsec. (e).
Cited. 40 CS 295.