§ 179. Powers and duties of the commissioner. The commissioner is\nhereby authorized to:\n 1. Administer, supervise and enforce the provisions of this article.\n 2. Promulgate such rules and regulations as he may deem necessary to\nsupplement and give full effect to this article.\n 3. a. Adopt and incorporate by reference in such rules and regulations\nany official handbook, or part thereof, published by the national bureau\nof standards or its successor organization, the national institute of\nstandards and technology, and file any handbook, or part thereof, so\nadopted with the secretary of state.\n b. Adopt rules and regulations in consultation with the commissioner\nof environmental conservation, setting forth standards relating to\npetroleum product and alternative fuel quality, specifications, and\nsampling and testing methods. Rules and regulations relating to octane\nratings and lead content of gasoline shall be consistent with applicable\nfederal statutes and regulations. Insofar as practicable, such rules and\nregulations shall be consistent with standards established by the\nNational Institute of Standards and Technology and the American Society\nfor Testing and Materials. For the purpose of this section, the term\n"alternative fuel" means alcohols such as ethanol, methanol, butanol and\nnon-petroleum liquid or gaseous fuels, other than alcohol, derived from\nbiological materials, suitable for use and consumption in the engine of\na motor vehicle.\n 4. Take charge of the standards adopted by this article as the primary\nstandards of the state; cause them to be kept in the principal office of\nthe department in the city of Albany, from which they shall not be\nremoved except for repairs or for certification; and take all other\nprecautions for their safekeeping.\n 5. Submit such primary standards to the national bureau of standards\nor its successor organization, the national institute of standards and\ntechnology, for certification as often as he may deem necessary or upon\nthe request of such bureau.\n 6. Maintain a complete set of copies of such primary standards, which\nshall be used for adjusting municipal standards, and the primary\nstandards shall not be used except for the adjustment of this set of\ncopies.\n 7. Procure such apparatus, equipment and standards, if the same have\nnot already been procured, as are necessary in the comparison and\nadjustment of municipal standards.\n 8. Keep a complete record of the standards, balances and other related\napparatus which are in his possession.\n 9. Inspect, either personally or through his authorized agents, as\noften as he deems necessary but no less than once every two years, the\nstandards of weights and measures of each county and of each city which\nmaintains a weights and measures program; and at least every five years,\ncompare the same with those in his possession and make such corrections\nin the municipal standards as are necessary; and keep a record of the\nsame.\n 10. Supervise the weights and measures, weighing and measuring devices\nand systems, and accessories related thereto, which are sold, offered or\nexposed for sale, or used in the state.\n 11. Test, calibrate and certify, upon the request of any person, firm\nor corporation, standards of weights and measures, weighing and\nmeasuring devices and systems, and accessories related thereto; and\ncharge such fees therefor as he deems appropriate.\n 12. (a) Establish specifications, amounts of tolerances and reasonable\nvariations allowable for weights and measures, weighing and measuring\ndevices and systems, and accessories relating thereto, for packaged\ncommodities sold, or offered or exposed for sale in the state, for the\ncomposition and quality of petroleum products, and the testing methods\ntherefor, giving due recognition to federal and state requirements, and\nenter into such written agreements as the commissioner may deem\nappropriate, with federal agencies and other state age
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