S*0797(Rat #0525, Act #0469)  General Bill, By Leventis
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 39-41-5 so as to provide a reference to and the purposes of the "South
 Carolina Gasoline, Lubricating Oils, and Other Petroleum Products Act",
 Section 39-41-185 so as to provide labeling requirements for motor fuel retail
 dealers, and Section 39-41-195 so as to provide administrative penalties; to
 amend Section 39-41-10, relating to the definition of petroleum, so as to
 change the reference to "susceptible" to "acceptable" include oxygenated
 compound blends, and exclude compressed natural gas or propane when dispensed
 or sold as a motor vehicle fuel;to amend Section 39-41-20, relating to
 petroleum analysts, chemists, and inspectors, so as to provide for stop-sale
 orders by the Commissioner of Agriculture; to amend Section 39-41-50, relating
 to filing requirements for petroleum manufacturers, wholesalers, and jobbers,
 so as to provide for an administrative penalty; to amend Section 39-41-160,
 relating to criminal penalties pertaining to petroleum products, so as to
 increase the monetary penalties; provide for imprisonment, change the
 reference to "stamp" to "label", and include references to pumps and tanks;
 and to amend Section 39-41-190, relating to general penalties pertaining to
 petroleum products, so as to increase the monetary penalties.-amended title

   05/26/93  Senate Introduced and read first time SJ-15
   05/26/93  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-15
   03/09/94  Senate Committee report: Favorable with amendment
                     Agriculture and Natural Resources SJ-4
   03/17/94  Senate Amended SJ-26
   03/17/94  Senate Read second time SJ-27
   03/17/94  Senate Ordered to third reading with notice of
                     amendments SJ-27
   03/22/94  Senate Amended SJ-16
   03/22/94  Senate Read third time and sent to House SJ-16
   03/23/94  House  Introduced and read first time HJ-13
   03/23/94  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-14
   05/05/94  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-3
   05/26/94  House  Amended HJ-42
   05/26/94  House  Read second time HJ-43
   05/26/94  House  Unanimous consent for third reading on next
                     legislative day HJ-43
   05/27/94  House  Read third time and returned to Senate with
                     amendments HJ-2
   06/01/94  Senate Concurred in House amendment and enrolled SJ-68
   06/02/94         Ratified R 525
   07/14/94         Signed By Governor
   07/27/94         Effective date 07/14/94
   07/27/94         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-5 SO AS TO PROVIDE A REFERENCE TO AND THE PURPOSES OF THE "SOUTH CAROLINA GASOLINE, LUBRICATING OILS, AND OTHER PETROLEUM PRODUCTS ACT", SECTION 39-41-185 SO AS TO PROVIDE LABELING REQUIREMENTS FOR MOTOR FUEL RETAIL DEALERS, AND SECTION 39-41-195 SO AS TO PROVIDE ADMINISTRATIVE PENALTIES; TO AMEND SECTION 39-41-10, RELATING TO THE DEFINITION OF PETROLEUM, SO AS TO CHANGE THE REFERENCE TO "SUSCEPTIBLE" TO "ACCEPTABLE", INCLUDE OXYGENATED COMPOUND BLENDS, AND EXCLUDE COMPRESSED NATURAL GAS OR PROPANE WHEN DISPENSED OR SOLD AS A MOTOR VEHICLE FUEL; TO AMEND SECTION 39-41-20, RELATING TO PETROLEUM ANALYSTS, CHEMISTS, AND INSPECTORS, SO AS TO PROVIDE FOR STOP-SALE ORDERS BY THE COMMISSIONER OF AGRICULTURE; TO AMEND SECTION 39-41-50, RELATING TO FILING REQUIREMENTS FOR PETROLEUM MANUFACTURERS, WHOLESALERS, AND JOBBERS, SO AS TO AUTHORIZE AN ADMINISTRATIVE PENALTY; TO AMEND SECTION 39-41-160, RELATING TO CRIMINAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES, PROVIDE FOR IMPRISONMENT, CHANGE THE REFERENCE TO "STAMP" TO "LABEL", AND INCLUDE REFERENCES TO PUMPS AND TANKS; AND TO AMEND SECTION 39-41-190, RELATING TO GENERAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

South Carolina Gasoline, Lubricating Oils, and Other Petroleum Products Act; labeling requirements; administrative penalties

SECTION 1. The 1976 Code is amended by adding:

"Section 39-41-5. This chapter is known as the `South Carolina Gasoline, Lubricating Oils, and Other Petroleum Products Act'. This chapter promotes and protects the public health, safety, and welfare by ensuring that petroleum products:

(1) are labeled and posted in a manner consistent with the principal of truth-in-labeling;

(2) meet or exceed minimum standards of quality as set out in the American Society of Testing and Materials Manual.

Section 39-41-185. (A) A motor fuel retail dealer may not transfer, sell, dispense, or offer petroleum products for sale in South Carolina unless every dispenser is posted clearly with the complete registered brand name for the petroleum products being dispensed including the amount of alcohol, ethanol, and methanol, if any, and the octane number. The dispenser labeling must be in the same size and type lettering for all parts of the brand name including that portion of the brand name disclosing alcohol content and amount.

(B) The labeling must be conspicuous and legible to a customer when viewed from the driver's position of a motor vehicle positioned in front of the dispenser.

(C) Kerosene dispensers must be labeled as either 1-K or 2-K. 2-K dispensers must display the following in lettering at least one inch in height: `Not suitable for use in nonflue-connected heaters'.

Section 39-41-195. (A) If a person or his agent or employee conveys, or offers to convey, motor fuel in violation of this chapter, the person is subject to an administrative fine or a stop-sale order, or both, in the discretion of the Commissioner of Agriculture.

(B) An administrative fine must not be assessed for an amount greater than one thousand dollars unless the violation:

(1) threatens public health or safety;

(2) is committed knowingly or intentionally; or

(3) reflects a continuing and repetitive pattern of disregard for the requirements of this article.

(C) An administrative fine fully assessed by the commissioner for an amount greater than one thousand dollars may be assessed for an amount not in excess of ten thousand dollars."

Reference change; oxygenated compound blends included; exclusion

SECTION 2. Section 39-41-10 of the 1976 Code is amended to read:

"Section 39-41-10. `Petroleum' or `petroleum product' as used in this article means gasoline, gasohol, kerosene, diesel fuels, jet fuels, fuel oil no. 1 through 4, or a similar product of petroleum or a product which may be acceptable for use as a petroleum product or oxygenated compound blends of the products but does not include compressed natural gas or propane when dispensed or sold as a motor vehicle fuel."

Stop-sale orders

SECTION 3. Section 39-41-20 of the 1976 Code is amended to read:

"Section 39-41-20. (A) The Commissioner of Agriculture shall appoint analysts, chemists, and inspectors as required to carry out this article. The inspectors may examine all barrels, tanks, or other vessels containing petroleum or petroleum products to see that they are tagged properly as required in this article. The inspectors also shall collect and test samples of petroleum products offered for sale in the State and send the samples to the Department of Agriculture for examination when directed.

(B) The Commissioner of Agriculture or his designated representative has the authority immediately to stop the sale of and prevent further sales of a dispensing pump or other dispensing device from which petroleum products are offered or exposed for sale in violation of this article. Petroleum products placed under this stop-sale order must not be offered or exposed for sale until the commissioner or his designated representative is satisfied the petroleum products offered or exposed for sale have been blended, rerefined, or properly labeled to meet the requirements of this article and the owners have been notified orally of this fact by the commissioner or his designated representative. Satisfaction is achieved upon notification by the owner to the commissioner that action has been taken to correct his violative condition. The permitting of blending, rerefining, or properly labeling of petroleum products under the stop-sale order does not affect an indictment which may be brought for violation of the article."

Administrative penalty

SECTION 4. Section 39-41-50 of the 1976 Code is amended to read:

"Section 39-41-50. Manufacturers, wholesalers, and jobbers, before selling or offering for sale in this State a petroleum product, shall file with the Commissioner of Agriculture a statement that they desire to do business in the State and furnish the name or brand of the product which they desire to sell, with the name and address of the manufacturer and a statement that the product complies with the requirements of this article. Annually January first a current listing must be submitted by the bonded company covering additional jobbers, dealers, distributors, consignors, or other persons who receive and distribute in bulk quantities the petroleum products in South Carolina. The department may assess an administrative fine of not more than one hundred dollars for noncompliance with this section."

Criminal monetary penalties increased; imprisonment provided, reference changed and included

SECTION 5. Section 39-41-160 of the 1976 Code is amended to read:

"Section 39-41-160. A person who fraudulently commits the following violations is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than one thousand dollars or imprisoned not less than thirty nor more than sixty days for each offense:

(1) brands or labels a package, a barrel, a pump, a tank, or other vessel;

(2) uses a label a second time;

(3) keeps a petroleum product used for illuminating, heating, or power purposes not marked and branded in accordance with the regulations of the Commissioner of Agriculture;

(4) violates this article or a regulation adopted by the Commissioner of Agriculture for its enforcement."

General monetary penalties increased

SECTION 6. Section 39-41-190 of the 1976 Code is amended to read:

"Section 39-41-190. A person who fails to comply with this article for which no other penalty is provided specifically, fails to comply with regulations authorized by Section 39-41-150, or hinders or obstructs the Commissioner of Agriculture or his authorized representative in the enforcement of this article is guilty of a misdemeanor and, upon conviction in a court of competent jurisdiction, must be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned not less than thirty nor more than sixty days."

Time effective

SECTION 7. This act takes effect upon approval by the Governor.

Approved the 14th day of July, 1994.