Chapter 119 Gasoline and Oil Inspection and Regulation
Article 1 - Lubricating Oils.
- § 119-1 Unlawful substitution
It shall be unlawful for any person, firm or corporation to fill any order for lubricating oil, designated by a trademark or distinctive trade name...
- § 119-2 Brand or trade name of lubricating oil to be displayed
It shall be unlawful for any person, firm or corporation to sell, offer for sale or delivery, or to cause or permit to be sold,...
- § 119-3 Misrepresentation of brands for sale
It shall be unlawful for any person, firm or corporation to display, at the place of sale, any sign, label or other designating mark which...
- § 119-4 Misdemeanor
Any person, firm or corporation violating any of the provisions of this Article shall for each offense be deemed guilty of a Class 2 misdemeanor....
- § 119-5 Person violating or allowing employee to violate Article to forfeit $100.00
Any person violating this Article, or any person, firm or corporation whose servant, agent or other employee violates this Article in the course of his...
- § 119-6 Inspection duties devolve upon Commissioner of Agriculture
The duties of inspection required by G.S. 119‑1 through 119‑ 5 shall be performed by the Commissioner of Agriculture. (1933, c. 214, s. 9; 1949,...
Article 2 - Liquid Fuels, Lubricating Oils, Greases, etc.
- § 119-7 Sale of automobile fuels and lubricants by deception as to quality, etc., prohibited
It shall be unlawful for any person, firm, copartnership, partnership or corporation to store, sell, offer or expose for sale any liquid fuels, lubricating oils,...
- § 119-8 Sale of fuels, etc., different from advertised name prohibited
No person, firm, partnership, copartnership, or corporation shall keep, expose or offer for sale, or sell any liquid fuels, lubricating oils, greases or other similar...
- § 119-9 Imitation of standard equipment prohibited
It shall be unlawful for any person, firm or corporation to disguise or camouflage his or their own equipment, by imitating the design, symbol, or...
- § 119-10 Juggling trade names, etc., prohibited
It shall be unlawful for any person, firm or corporation to expose or offer for sale or sell under any trademark, trade name or name...
- § 119-11 Mixing different brands for sale under standard trade name prohibited
It shall be unlawful for any person or persons, firm or firms, corporation or corporations or any of their servants, agents or employees, to mix,...
- § 119-12 Aiding and assisting in violation of Article prohibited
It shall be unlawful, and upon conviction punishable as will hereinafter be stated, for any person or persons, firm or firms, partnership or copartnership, corporation...
- § 119-13 Violation made misdemeanor
Every person, firm or firms, partnership or copartnership, corporation or corporations, or any of their agents, servants or employees, violating any of the provisions of...
Article 2A - Regulation of Rerefined or Reprocessed Oil.
- § 119-13.1 Definitions
As used in this Article: (1) "Lubricating oil" means any oil classified for the use in an internal combustion engine, hydraulic system, gear box, differential,...
- § 119-13.2 Labels required on sealed containers; oil to meet minimum specifications
(a) It shall be unlawful to offer for sale or sell or deliver in this State previously used oil that has not been rerefined or...
- § 119-13.3 Violation a misdemeanor
Any person, firm, or corporation violating any of the provisions of this Article shall for each offense be guilty of a Class 1 misdemeanor. For...
Article 3 - Gasoline and Oil Inspection.
- § 119-14 Title of Article
This Article shall be known as the Gasoline and Oil Inspection Act. (1937, c. 425, s. 1.)
- § 119-15 Definitions that apply to Article
The following definitions apply in this Article: (1) Alternative fuel. Defined in G.S. 105‑449.130. (1a) Dyed diesel fuel. Defined in G.S. 105‑449.60. (1b) Dyed diesel...
- § 119-15.1 List of persons who must have a license
(a) License. A person may not engage in business in this State as any of the following unless the person has a license issued by...
- § 119-15.2 How to apply for a license
To obtain a license, an applicant must file an application with the Secretary of Revenue on a form provided by the Secretary. An application must...
- § 119-15.3 Bond or letter of credit required as a condition of obtaining and keeping certain licenses
(a) Initial Bond. An applicant for a license as a kerosene supplier, kerosene distributor, or kerosene terminal operator must file with the Secretary of Revenue...
- § 119-16 through 119-16.1 Repealed by Session Laws 1995, c. 390, ss. 20 and 21
- § 119-16.2 Repealed by Session Laws 2003-349, s. 10.13, effective January 1, 2004
- § 119-16.3 Certain kerosene sales prohibited
It shall be a Class 1 misdemeanor for any distributor to sell kerosene dispensed from a pump located on the same island where there are...
- § 119-17 Repealed by Session Laws 2007-527, s. 20, effective August 31, 2007
- § 119-18 Inspection tax and distribution of the tax proceeds
(a) Tax. An inspection tax of one fourth of one cent (1/4 of 1) per gallon is levied upon all of the fuel listed in...
- § 119-19 Authority of Secretary to cancel a license
The Secretary of Revenue may cancel a license issued under this Article upon the written request of the license holder. The Secretary may summarily cancel...
- § 119-20 Repealed by Session Laws 1963, c. 1169, s. 6
- § 119-22 Repealed by Session Laws 1995, c. 390, s. 25
- § 119-23 Administration by Commissioner of Agriculture; collection of fees by Department of Revenue and payment into State treasury; disposition of moneys by State Treasurer
Gasoline and oil inspection fees or taxes shall be collected by, and reports relating thereto, shall be made to, the Department of Revenue. The administration...
- § 119-24 Repealed by Session Laws 1991, c. 10, s. 3
- § 119-25 Inspectors, clerks and assistants
The Secretary of Revenue and the Commissioner of Agriculture, respectively, shall appoint and employ such number of inspectors, clerks and assistants as may be necessary...
- § 119-26 Gasoline and Oil Inspection Board created; composition, appointment of members, etc.; expenses; powers generally; adoption of standards, etc.; sale of products not complying with standards; renaming, etc., of gasoline
In order to more fully carry out the provisions of this Article there is hereby created a Gasoline and Oil Inspection Board of five members,...
- § 119-26.1 Content of motor fuels and reformulated gasoline
(a) Rules adopted pursuant to G.S. 143‑215.107(a)(9) to regulate the content of motor fuels or to require the use of reformulated gasoline shall be implemented...
- § 119-26.2 Sulfur content standards
(a) No person shall manufacture, sell, or offer for sale gasoline that contains a concentration of sulfur greater than 30 parts per million except that...
- § 119-26.3 MTBE in motor fuels prohibited
(a) Definitions. As used in this section: (1) "Motor fuel" has the same meaning as in G.S. 105‑449.60. (2) "MTBE" means the fuel additive methyl...
- § 119-27 Display of grade rating on pumps, etc.; sales from pumps or devices not labeled; sale of gasoline not meeting standard indicated on label
In the event that the Gasoline and Oil Inspection Board shall adopt standards for grades of gasoline, at all times there shall be firmly attached...
- § 119-27.1 Self-service gasoline pumps; display of owner's or operator's name, address and telephone number
(a) Every owner of, or other person in control of, a self‑service gas pump or station whose equipment permits purchase and physical transfer of gasoline...
- § 119-28 Regulations for sale of substitutes
All materials, fluids, or substances offered or exposed for sale, purporting to be substitutes for or motor fuel improvers, shall, before being sold, exposed or...
- § 119-29 Rules and regulations of Board available to interested parties
It shall be the duty of the Commissioner of Agriculture to make available for all interested parties the rules and regulations adopted by the Gasoline...
- § 119-30 Establishment of laboratory for analysis of inspected products
The Commissioner of Agriculture is authorized to provide for the analysis of samples of inspected articles by establishing a laboratory under the Gasoline and Oil...
- § 119-31 Payment for samples taken for inspection
The gasoline and oil inspectors shall pay at the regular market price, at the time the sample is taken, for each sample obtained for inspection...
- § 119-32 Powers and authority of inspectors
The gasoline and oil inspectors shall have the right of access to the premises and records of any place where petroleum products are stored for...
- § 119-33 Investigation and inspection of measuring equipment; devices calculated to falsify measures
The gasoline and oil inspectors shall be required to investigate and inspect the equipment for measuring gasoline, kerosene, lubricating oil, and other liquid petroleum products....
- § 119-34 Responsibility of retailers for quality of products
The retail dealer shall be held responsible for the quality of the petroleum products he sells or offers for sale: Provided, however, that the retail...
- § 119-35 Adulteration of products offered for sale
It shall be unlawful for any person, firm, or corporation who has purchased gasoline or other liquid motor fuel upon which a road tax has...
- § 119-36 Certified copies of official tests admissible in evidence
A certified copy of the official test of the analysis of any petroleum product, under the seal of the Commissioner of Agriculture, shall be admissible...
- § 119-37 Retail dealers required to keep copies of invoices and delivery tickets
Every person, firm, or corporation engaged in the retail business of dispensing gasoline and/or other petroleum products to the public shall keep on the premises...
- § 119-38 Prosecution of offenders
All prosecutions for fines and penalties under the provisions of this Article shall be by indictment in a court of competent jurisdiction in the county...
- § 119-39 Violation a misdemeanor
Unless another penalty is provided in this Article, any person violating any of the provisions of this Article or any of the rules and regulations...
- § 119-39.1 Civil Penalties
The Commissioner of Agriculture may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of...
- § 119-40 through 119-41 Repealed by Session Laws 1995 (Regular Session, 1996), c. 647, s. 56
- § 119-42 Persons engaged in transporting required to have in possession an invoice, bill of sale or bill of lading
Every person hauling, transporting or conveying into, out of, or between points in this State any motor fuel and/or any liquid petroleum product that is...
- § 119-44 Repealed by Session Laws 1995 (Regular Session, 1996), c. 647, s. 56
- § 119-45 Certain laws adopted as part of Article
General Statutes 119‑1 through 119‑5 and G.S. 119‑7 through 119‑13 are hereby made a part of this Article. (1937, c. 425, s. 28.)
- § 119-46 Charges for analysis of samples
The Secretary of Revenue is hereby authorized to fix and collect such charges as he may deem adequate and reasonable for any analysis made by...
- § 119-47 Inspection of fuels used by State
The Gasoline and Oil Inspection Division is hereby authorized, upon request of the proper State authority, to inspect, analyze, and report the result of such...
Article 4 - Liquefied Petroleum Gases.
Article 5 - Liquefied Petroleum Gases.
- § 119-54 Purpose; definitions; scope of Article
(a)It is the purpose of this Article to provide for the adoption and promulgation of a code of safety, and such rules and regulations setting...
- § 119-55 Power of Board of Agriculture to set minimum standards; regulation by political subdivisions
The Board shall have the power and authority to set minimum standards and promulgate rules and regulations for the design, construction, location, installation, and operation...
- § 119-56 Registration of dealers; liability insurance or substitute required
A person shall not hold himself out as a dealer without first having registered as herein provided. A dealer shall annually on or before January...
- § 119-57 Administration of Article; rules and regulations given force and effect of law
It shall be the duty of the Commissioner to administer all the provisions of this Article and all the rules and regulations made and promulgated...
- § 119-58 Unlawful acts
(a) It shall be an unlawful act for any person to: (1) Sell any liquefied petroleum gas burning appliance designed or built for domestic use...
- § 119-59 Sanctions for violations
(a) Criminal. A dealer who violates a provision of this Article or a rule adopted under it is guilty of a Class 1 misdemeanor. (b)...
- § 119-60 Liquefied petroleum gas accidents; liability limitations
Any person who provides assistance upon request of any police agency, fire department, rescue or emergency squad, or any governmental agency in the event of...
- § 119-61 Replacement data plates for liquified petroleum gas tanks
A liquified petroleum gas tank of 120 gallons or more that is subject to the American Society of Mechanical Engineers (ASME) Code must have a...
- § 119-62 Liquefied petroleum gas dealers and their employees, agents, subcontractors; liability limitations
(a) A dealer shall not be liable for any civil damages resulting from any act or failure to act if the alleged injury, damage, or...
- § 119-63 Reserved for future codification purposes
- § 119-64 Reserved for future codification purposes
Article 6 - Contract Rights Regarding Tax Reimbursement.
