Notice of Adoption to Amend the Penalty Schedule for the Sales of Petroleum Products

Adopted Rules: Closed to Comments

Effective Date: 
Thursday, October 24, 2019
Agency:
Keywords:
Download Copy of Adopted Rule (.pdf): 

The Department of Consumer Affairs (“DCA” or “Department”) is amending the penalty schedule for the sales of petroleum products located in Section 6-42 of Chapter 6 of Title 6 of the Rules of the City of New York (“Rules”) and the penalty schedule for weights and measures located in Section 6-38 of the Rules.  Specifically, DCA is making the following amendments:

 

  • Currently, the penalty schedule provides a maximum penalty of $500 for violations of DCA Rule 5-51. However, Section 20-703 of the Code provides for a maximum penalty of $350 for violations of regulations promulgated pursuant to the Consumer Protection Law. Because DCA Rule 5-51 was promulgated pursuant to the Consumer Protection Law, it should carry a maximum penalty of $350.
  • Currently, the penalty schedule has entries for 1 NYCRR §§ 220.8 and 220.9, which have been repealed, and 1 NYCRR § 224.18, which does not exist. DCA is eliminating these entries. 
  • Section 3-103 of the Rules of the City of New York, Inspection of Printer Tickets, was recently added to DCA’s rules. DCA is now adding a penalty for violations of Section 3-103 to the penalty schedule. 
  • Adding the following violations to the weights and measures penalty schedule in Section 6-38, which exist in City and State law and will now be included in the penalty schedule: Section 20-584 of the New York City Administrative Code (“Code”) (testing, sealing and marking), Code Section 20-585 (standard measures and containers), Code Section 20-587 (sale by true weight or measure required), Code Section 20-590 (repair of inaccurate devices), Section 184 of the New York Agriculture and Markets Law (condemnation, seizure or repair of false devices), Section 185 of the New York Agriculture and Markets Law (stop-use, stop-removal and removal orders), and Section 186 of the New York Agriculture and Markets Law (possession and use of false devices).

 

An analysis of this rule as described in Section 1043(d) of the New York City Charter was not performed because it falls under the exception in Section 1043(d)(4)(ii).