69 sections in this chapter.
N.C. Gen. Stat. § 119-57 Administration of Article; rules and regulations given force and effect of law; powers
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(a) It shall be the duty of the Commissioner, or agents of the Commissioner, to administer all the provisions of this Article and all the rules and regulations made and promulgated under this Article; to conduct inspections of liquefied petroleum gas containers and installations;…
N.C. Gen. Stat. § 119-58 Unlawful acts
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(a) It shall be an unlawful act for any person to: (1) Sell any liquefied petroleum gas burning appliance designed or built for domestic use that has not been approved by the American Gas Association, Inc., the Underwriters Laboratory, Inc., or other laboratory approved by the Bu…
N.C. Gen. Stat. § 119-59 Sanctions for violations
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(a) Criminal. - A dealer who violates a provision of this Article or a rule adopted under it is guilty of a Class 1 misdemeanor. (b) Injunction. - The Commissioner or an agent of the Commissioner may apply to any superior court judge and the court may temporarily restrain or prel…
N.C. Gen. Stat. § 119-6 Inspection duties devolve upon Commissioner of Agriculture
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The duties of inspection required by G.S. 119-1 through 119-5 shall be performed by the Commissioner of Agriculture. (1933, c. 214, s. 9; 1949, c. 1167.)
N.C. Gen. Stat. § 119-60 Liquefied petroleum gas accidents; liability limitations
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Any person who provides assistance upon request of any police agency, fire department, rescue or emergency squad, or any governmental agency in the event of an accident or other emergency involving the use, handling, transportation, transmission or storage of liquefied petroleum …
N.C. Gen. Stat. § 119-61 Replacement data plates for liquefied petroleum gas tanks
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A liquefied petroleum gas tank of 120 gallons or more that is subject to the American Society of Mechanical Engineers (ASME) Code must have a data plate indicating that it was built in accordance with that Code. The Commissioner may issue a data plate to replace a rusting or part…
N.C. Gen. Stat. § 119-62 Liquefied petroleum gas dealers and their employees, agents, subcontractors; liability limitations
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(a) A dealer shall not be liable for any civil damages resulting from any act or failure to act if the alleged injury, damage, or loss claimed in the action was caused by any one or more of the following: (1) The installation, alteration, modification, or repair of liquefied petr…
N.C. Gen. Stat. § 119-63.1 Title
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This Article shall be known as the "Propane Assessment Act." (2013-299, s. 1.)
N.C. Gen. Stat. § 119-63.2 Purpose
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It is in the public interest for the State to enable dealers and distributors of propane to assess the product in order to raise funds for the purposes of promoting the common good, welfare, and advancement of the propane industry. (2013-299, s. 1.)
N.C. Gen. Stat. § 119-63.3 Definitions
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The following definitions apply in this Article: (1) Alliance. - Southeast Propane Alliance, Inc., a North Carolina nonprofit corporation. (2) Commissioner. - The Commissioner of Agriculture or his or her designee. (3) Dealer. - Any person who is registered with the Commissioner …
N.C. Gen. Stat. § 119-63.4 (Effective until January 1, 2027) Referendum
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(a) The Foundation may from time to time conduct referenda among dealers and distributors in this State upon the question of whether an assessment shall be levied on propane sold in this State. (b) The Foundation, upon prior consultation with the Alliance, shall determine: (1) Th…
N.C. Gen. Stat. § 119-63.5 Payment and collection of assessment; refunds
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(a) Each distributor, as the owner of propane at the time of odorization, or at the time of import of odorized propane, shall make the assessment based on the volume of odorized propane sold and placed into commerce in this State. Each dealer must pay the assessment on each gallo…
N.C. Gen. Stat. § 119-63.6 Use of assessments; reporting
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(a) The Foundation shall use the funds to promote the common good, welfare, and advancement of the propane industry, including, but not limited to, the following activities and programs: education, training, safety compliance, equipment replacement for low-income customers, marke…
N.C. Gen. Stat. § 119-63.7 Termination of assessment
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(a) Upon the Commissioner's receipt of a petition signed by at least ten percent (10%) of the dealers requesting a referendum pursuant to this section, or a receipt of a petition signed by at least fifty percent (50%) of the distributors requesting a referendum pursuant to this s…
N.C. Gen. Stat. § 119-63.8 Alliance activities deemed not in restraint of trade; pricing
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(a) No meeting or activity undertaken by the Alliance or the Foundation in pursuance of the provisions of this Article shall be considered illegal under antitrust law or a restraint of trade. (b) In all cases, the price of propane shall be determined by market forces. Neither the…
N.C. Gen. Stat. § 119-65 Timing of reimbursement payments under contract
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(a) Right. - When a contract calls for one party to reimburse a second party for the federal manufacturer's excise taxes levied on petroleum products in Part III of Subchapter A of Chapter 32 of the Internal Revenue Code, whether as a separate item or as part of the price, the pa…
N.C. Gen. Stat. § 119-7 Sale of automobile fuels and lubricants by deception as to quality, etc., prohibited
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It shall be unlawful for any person, firm, copartnership, partnership or corporation to 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 have the effect of de…
N.C. Gen. Stat. § 119-8 Sale of fuels, etc., different from advertised name prohibited
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No person, firm, partnership, copartnership, or corporation 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…
N.C. Gen. Stat. § 119-9 Imitation of standard equipment prohibited
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It shall be unlawful for any person, firm or corporation to disguise or camouflage his or their own equipment, by imitating the design, symbol, or trade name of the equipment under which recognized brands of liquid fuels, lubricating oils and similar products are generally market…