TITLE XXXI
TRADE AND COMMERCE
Chapter 339-B
SALE OF LIQUID FUELS
Section 339-B:1
339-B:1 Deception Prohibited. –
No person shall store, sell, offer or expose for sale any liquid fuels, lubricating oils, greases or other similar products in any manner whatsoever which may deceive, tend to deceive or has the effect of deceiving the purchaser of said products as to the nature, quality or quantity of the products so sold, exposed or offered for sale.
Source. 1971, 404:1, eff. Aug. 28, 1971.
Section 339-B:2
339-B:2 Used Lubricants. –
A person may store, sell, or offer for sale any lubricating oil composed in whole or in part of previously used lubricating oil if:
I. The containers of the reclaimed, recleaned or reconditioned previously used lubricating oil, lubricants or mixtures of lubricants be plainly labeled, showing that the content thereof, is a previously used product.
II. No representation is made that lubricating oil is new or unused.
III. It is disclosed clearly and conspicuously that the lubricating oil has been previously used, in all advertising, sales promotional material and on each front or face panel of the container. The front or face panel means the part of the container on which the brand name is usually featured and which is customarily exposed to the view of prospective purchasers when displayed at point of retail sales. The term "re-refined," or any other word or term of similar import, to describe previously used lubricating oil shall not be used unless the physical and chemical contaminants acquired through previous use have been removed by a refining process.
Source. 1971, 404:1, eff. Aug. 28, 1971.
Section 339-B:2-a
339-B:2-a Mixture of Used and Virgin Oil. –
To encourage the recycling of waste oil, a person may store or sell a mixture that consists of at least 90 percent virgin no. 6 oil and the remainder complying with the used fuel oil specifications in 40 CFR, section 279.11, table 1.
Source. 1995, 192:2, eff. Aug. 11, 1995.
Section 339-B:3
339-B:3 Proper Trade Name Required. –
No person shall keep, expose or offer for sale, or sell any liquid fuels, lubricating oils, greases or other similar products from any container, tank, pump, or other distributing device, other than those manufactured or distributed by the manufacturer or distributor indicated by the name, trademark, symbol, sign or other distinguishing mark or device appearing upon said container, tank, pump, or other distributing device in which such products are sold, exposed or offered for sale or distributed.
Source. 1971, 404:1, eff. Aug. 28, 1971.
Section 339-B:4
339-B:4 Imitating Trade Names. –
It is unlawful for any person to disguise or camouflage his own equipment by imitating the design, symbol, trade name, or the equipment under which recognized brands of liquid fuels, lubricating oils, and similar products are generally marketed.
Source. 1971, 404:1, eff. Aug. 28, 1971.
Section 339-B:5
339-B:5 Using Trademark of Another. –
No person shall expose or offer for sale or sell under any trademark, trade name, or name or other distinguishing mark, any liquid fuels, lubricating oils, greases, or other similar products, other than those manufactured or distributed by the manufacturer or distributor marketing such products under such trade name, trademark, or name or other distinguishing mark.
Source. 1971, 404:1, eff. Aug. 28, 1971.
Section 339-B:6
339-B:6 Mixing Fuels of Different Manufacturers. –
No person shall mix, blend or compound the liquid fuels, lubricating oils, greases or similar products of a manufacturer or distributor with the products of any other manufacturer or distributor, or adulterate the same, and expose, offer for sale, or sell such mixed, blended or compounded products under the trade name, trademark or name or other distinguishing mark of either of said manufacturer or distributor, or as the unadulterated products of such manufacturer or distributor; provided, however, that nothing herein shall prevent the lawful owner thereof from applying its own trademark, trade name, or symbol to any product or material.
Source. 1971, 404:1, eff. Aug. 28, 1971.
Section 339-B:7
339-B:7 Mixing Fuels of Same Manufacturer. –
It is unlawful for any person to mix, blend, compound or adulterate the liquid fuel, lubricating oil, grease, or similar product of a manufacturer or distributor with a liquid fuel, lubricating oil, grease or similar product of the same manufacturer or distributor of a character or nature different from the character or nature of the liquid fuel, lubricating oil, grease or similar product so mixed, blended, compounded or adulterated, and expose for sale, offer for sale, or sell the same as the unadulterated product of such manufacturer or distributor, or as the unadulterated product of any other manufacturer or distributor. Nothing in this chapter shall be construed to prevent the lawful owner of such products from applying his own trademark, trade name or symbol to any product or material.
Source. 1971, 404:1, eff. Aug. 28, 1971.
Section 339-B:8
339-B:8 Gasoline Sales. –
It shall be unlawful for any person operating a retail gasoline station to:
I. Display, or allow to be displayed on his premises, any sign, placard, or other advertisement relating to the retail price of gasoline unless numerals thereon indicating fractions or portions of a whole number are at least half the size of the largest whole number on such sign, and no such price of gasoline shall be advertised without the tax included.
II. Post a different price at one pump for the same grade of gasoline as is dispensed from another pump when both pumps are supplied from a common storage at the same service station and when the gasoline dispensed from both is represented to be and is sold as the same quality of gasoline; provided, however, that this paragraph shall not prohibit such price differences between a self-service and an attendant-operated pump supplied from a common storage as described hereinabove.
Source. 1971, 404:1, eff. Aug. 28, 1971.
Section 339-B:9
339-B:9 Conspiracy Prohibited. –
No person shall aid or assist any other person in violating any of the provisions of this chapter, by depositing or delivering into any tank, pump, receptacle, or other container, any liquid fuels, lubricating oils, greases or other like products, other than those intended to be stored therein, as indicated by the name of the manufacturer or distributor, or the trademark, trade name, name or other distinguishing mark of the product displayed on the container itself or on the pump or other distributing device used in connection therewith, or shall by any other means aid or assist another in the violation of any of the provisions of this chapter.
Source. 1971, 404:1, eff. Aug. 28, 1971.
Section 339-B:10
339-B:10 Rules. –
The department of agriculture, markets, and food shall enforce the provisions of this chapter. The commissioner of agriculture, markets, and food may adopt rules, under RSA 541-A, as necessary for the proper enforcement of this chapter. The commissioner shall issue stop sale orders when any product stored, sold, offered or exposed for sales is not permanently and conspicuously labeled as provided in this chapter. Any such illegal product shall be placed under written stop sale order, directed to the owner or custodian, and held by the commissioner of agriculture, markets, and food or his representative, at a place to be designated in the stop sale order, until properly labeled by the owner or custodian and released in writing by the commissioner of agriculture, markets, and food or his representative.
Source. 1971, 404:1. 1985, 300:13. 1987, 406:5. 1995, 130:4, 5, eff. July 23, 1995.
Section 339-B:11
339-B:11 Effect of Stop Sale Order. –
The attachment of a stop sale order to any improperly labeled product is notice and warning to all persons whomsoever, including, but not limited to, the owner or custodian, to scrupulously refrain from moving, altering, or interfering in any manner with any such product, or altering, defacing, or in any way interfering with the stop sale order or permitting the same to be done by another, except with the consent of the commissioner of agriculture, markets, and food or his representative.
Source. 1971, 404:1. 1985, 300:14. 1987, 406:6. 1995, 130:5, eff. July 23, 1995.
Section 339-B:12
339-B:12 Penalty for Violations. –
Any person who shall violate any of the provisions of RSA 339-B shall be guilty of a misdemeanor and for a subsequent offense be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source. 1971, 404:1. 1973, 528:239, eff. Oct. 31, 1973 at 11:59 p.m.
Fuel Oil System Conversion
Section 339-B:13
339-B:13 Duties of Suppliers. –
Any fuel supplier who installs a fuel heating system, at the request of a property owner, where a fuel oil heating system already exists, shall be responsible for the following:
I. Securely capping both ends of all fill pipes connected to the fuel tank or taking such other measures as are reasonably designed to render the fill pipes inoperable; and
II. Providing a written recommendation to the property owner, prior to the date of conversion, that he notify the fuel oil dealer that a conversion shall take place for the purpose of terminating deliveries of fuel oil to the premises.
Source. 1992, 263:6, eff. July 17, 1992.
Filling of Liquefied Petroleum Gas Containers
Section 339-B:14
339-B:14 Definitions. –
In this subdivision:
I. "Liquefied petroleum gas" means any material that is composed predominantly of any of the following hydrocarbons or mixtures of those hydrocarbons:
(a) Propane.
(b) Propylene.
(c) Normal Butane.
(d) Isobutane.
(e) Butylenos.
II. "Owner" means any person who holds title to a liquefied petroleum gas container.
Source. 1992, 263:6, eff. July 17, 1992.
Section 339-B:15
339-B:15 Unlawful Use of Containers. –
No person except the owner, or a person authorized in writing by the owner, shall fill or refill a liquefied petroleum gas container with a capacity of or greater than 100 pounds with a liquefied petroleum gas or any other gas or substance.
Source. 1992, 263:6, eff. July 17, 1992.
Section 339-B:16
339-B:16 Penalties. –
Any person, firm or corporation, or any officer, agent, servant or employee thereof, who violates the provisions of RSA 339-B:13-339-B:15 shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.
Source. 1992, 263:6, eff. July 17, 1992.