§ 192-a. Fuel octane labelling requirements. 1. Automotive fuel\nratings, certification and posting for automotive gasoline. No person\nshall distribute, sell, or offer for sale any automotive gasoline unless\nit meets such rating, certification and posting requirements as may be\nestablished by regulations duly promulgated by the commissioner. Any\nsuch requirements shall be the same as the applicable provisions of\nTitle 15 of the United States Code and any rule adopted pursuant\nthereto. For purposes of this section, automotive gasoline shall mean an\nautomotive spark-ignition engine fuel, which includes, but is not\nlimited to gasohol, reformulated gasoline and oxygenated gasoline.\n 2. Regular gasoline. As used in this section, "regular gasoline" means\nunleaded gasoline, as defined in section one hundred ninety-two-b of\nthis article, with an octane rating (R+M)/2 of eighty-seven, as defined\nin Title 15 of the United States Code and rules adopted pursuant\nthereto. The term "regular", either by itself or in combination with any\nother term or name, shall not be used in connection with the sale,\noffering for sale, advertising or marketing of unleaded gasoline at\nretail that has a posted octane rating other than eighty-seven.\n 3. Inspection, investigation; recordkeeping. (a) The commissioner or\nthe commissioner's designee, or the director of a municipal consumer\naffairs office or the director's designee, and/or a municipal director\nof weights and measures or the director's designee, upon presentation of\nappropriate credentials, shall be authorized to enter during regular\nbusiness hours upon or through the business premises of any person who\nsells or offers for sale automotive gasoline or other petroleum products\nfor use in motor vehicles or any place where such gasoline or petroleum\nproduct is stored, for the purposes of making inspections, taking\nsamples and conducting tests to determine compliance with the provisions\nof this section or any rules or regulations promulgated hereunder and\nunder section one hundred seventy-nine of this chapter.\n (b) Whenever the commissioner, or the director of a municipal consumer\naffairs office and/or a municipal director of weights and measures, has\nreason to believe that a violation of this section or any rule or\nregulation adopted pursuant to this section has occurred, he or she\nshall be authorized to make such investigation as he or she shall deem\nnecessary, and to the extent necessary for this purpose, he or she may\nexamine any person and may compel the production of all relevant\nrecords.\n (c) Any person subject to the provisions of this section shall\nmaintain such written records as the commissioner, or the director of a\nmunicipal consumer affairs office and/or a municipal director of weights\nand measures, may prescribe by regulation.\n 4. Violations and penalties. (a) (1) Upon finding that a person has\nviolated any of the provisions of this section, or of any rule or\nregulation promulgated thereunder, the commissioner or the director of a\nmunicipal consumer affairs office, or a municipal director of weights\nand measures, or a representative of any one of such officials, may\nissue and cause to be served upon such person an order directing the\nperson to cease and desist from engaging in the prohibited activity.\nUpon the issuance of such an order, the person who is the subject of the\norder shall be provided written notice of the violation or violations\ncharged and notice of such person's right to appear, in person or by\nattorney, for a hearing before the commissioner or director, as\nappropriate, or his or her designee, to be heard with respect to the\nviolation or violations alleged. In the event that the imposition of\npenalties is to be considered at such hearing, the notice shall set\nforth the maximum penalties permissible under this section and the\ngrounds for the penalties. Such notice shall further set forth that such\nperson must not
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