North Carolina General Statutes Chapter 119 Gasoline and Oil Inspection and Regulation

Article 1 - Lubricating Oils.

N.C. Gen. Stat. § 119-1. Unlawful substitution
It shall be unlawful for any person, firm or corporation to fill any order for lubricating oil, designated by a trademark or distinctive trade...
N.C. Gen. Stat. § 119-2. Brand or trade name of lubricating oil to be displayed
It shall be unlawful for any person, firm or corporation to sell, offer for sale or delivery, or to cause or permit to be...
N.C. Gen. Stat. § 119-3. Misrepresentation of brands for sale
It shall be unlawful for any person, firm or corporation to display, at the place of sale, any sign, label or other designating mark...
N.C. Gen. Stat. § 119-4. Misdemeanor
Any person, firm or corporation violating any of the provisions of this Article shall for each offense be deemed guilty of a Class 2...
N.C. Gen. Stat. § 119-5. Person violating or allowing employee to violate Article to forfeit $100.00
Any person violating this Article, or any person, firm or corporation whose servant, agent or other employee violates this Article in the course of...
N.C. Gen. Stat. § 119-6. Inspection duties devolve upon Commissioner of Agriculture
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,...

Article 2 - Liquid Fuels, Lubricating Oils, Greases, etc.

N.C. Gen. Stat. § 119-7. Sale of automobile fuels and lubricants by deception as to quality, etc., prohibited
It shall be unlawful for any person, firm, copartnership, partnership or corporation to store, sell, offer or expose for sale any liquid fuels, lubricating...
N.C. Gen. Stat. § 119-8. Sale of fuels, etc., different from advertised name prohibited
No person, firm, partnership, copartnership, or corporation shall keep, expose or offer for sale, or sell any liquid fuels, lubricating oils, greases or other...
N.C. Gen. Stat. § 119-9. Imitation of standard equipment prohibited
It shall be unlawful for any person, firm or corporation to disguise or camouflage his or their own equipment, by imitating the design, symbol,...
N.C. Gen. Stat. § 119-10. Juggling trade names, etc., prohibited
It shall be unlawful for any person, firm or corporation to expose or offer for sale or sell under any trademark, trade name or...
N.C. Gen. Stat. § 119-11. Mixing different brands for sale under standard trade name prohibited
It shall be unlawful for any person or persons, firm or firms, corporation or corporations or any of their servants, agents or employees, to...
N.C. Gen. Stat. § 119-12. Aiding and assisting in violation of Article prohibited
It shall be unlawful, and upon conviction punishable as will hereinafter be stated, for any person or persons, firm or firms, partnership or copartnership,...
N.C. Gen. Stat. § 119-13. Violation made misdemeanor
Every person, firm or firms, partnership or copartnership, corporation or corporations, or any of their agents, servants or employees, violating any of the provisions...

Article 2A - Regulation of Rerefined or Reprocessed Oil.

N.C. Gen. Stat. § 119-13.1. Definitions
As used in this Article: (1) "Lubricating oil" means any oil classified for the use in an internal combustion engine, hydraulic system, gear box,...
N.C. Gen. Stat. § 119-13.2. Labels required on sealed containers; oil to meet minimum specifications
(a) It shall be unlawful to offer for sale or sell or deliver in this State previously used oil that has not been rerefined...
N.C. Gen. Stat. § 119-13.3. Violation a misdemeanor
Any person, firm, or corporation violating any of the provisions of this Article shall for each offense be guilty of a Class 1 misdemeanor....

Article 3 - Gasoline and Oil Inspection.

N.C. Gen. Stat. § 119-14. Title of Article
This Article shall be known as the Gasoline and Oil Inspection Act. (1937, c. 425, s. 1.)
N.C. Gen. Stat. § 119-15. Definitions that apply to Article
The following definitions apply in this Article: (1) Alternative fuel. - Defined in G.S. 105-449.130. (2) Aviation gasoline. - Defined in G.S. 105-449.60. (3)...
N.C. Gen. Stat. § 119-15.1. List of persons who must have a license
(a) License. - A person may not engage in business in this State as any of the following unless the person has a license...
N.C. Gen. Stat. § 119-15.2. How to apply for a license
To obtain a license, an applicant must file an application with the Secretary of Revenue on a form provided by the Secretary. An application...
N.C. Gen. Stat. § 119-15.3. Bond or letter of credit required as a condition of obtaining and keeping certain licenses
(a) Initial Bond. - An applicant for a license as a kerosene supplier, kerosene distributor, or kerosene terminal operator must file with the Secretary...
N.C. Gen. Stat. § 119-16 through 119-16.1. Repealed by Session Laws 1995, c. 390, ss. 20 and 21
N.C. Gen. Stat. § 119-16.2. Repealed by Session Laws 2003-349, s. 10.13, effective January 1, 2004
N.C. Gen. Stat. § 119-16.3. Certain kerosene sales prohibited
It shall be a Class 1 misdemeanor for any distributor to sell kerosene dispensed from a pump located on the same island where there...
N.C. Gen. Stat. § 119-17. Repealed by Session Laws 2007-527, s. 20, effective August 31, 2007
N.C. Gen. Stat. § 119-18. Inspection tax and distribution of the tax proceeds
(a) Tax. - An inspection tax of one fourth of one cent (1/4 of 1) per gallon is levied upon all of the fuel...
N.C. Gen. Stat. § 119-19. Authority of Secretary to cancel a license
The Secretary of Revenue may cancel a license issued under this Article upon the written request of the license holder. The Secretary may summarily...
N.C. Gen. Stat. § 119-20. Repealed by Session Laws 1963, c. 1169, s. 6
N.C. Gen. Stat. § 119-22. Repealed by Session Laws 1995, c. 390, s. 25
N.C. Gen. Stat. § 119-23. Administration by Commissioner of Agriculture; collection of fees by Department of Revenue and payment into State treasury; disposition of moneys by State Treasurer
Gasoline and oil inspection fees or taxes shall be collected by, and reports relating thereto, shall be made to, the Department of Revenue. The...
N.C. Gen. Stat. § 119-24. Repealed by Session Laws 1991, c. 10, s. 3
N.C. Gen. Stat. § 119-25. Inspectors, clerks and assistants
The Secretary of Revenue and the Commissioner of Agriculture, respectively, shall appoint and employ such number of inspectors, clerks and assistants as may be...
N.C. Gen. Stat. § 119-26. Gasoline and Oil Inspection Board created; composition, appointment of members, etc.; expenses; powers generally; adoption of standards, etc.; sale of products not complying with standards; renaming, etc., of gasoline
In order to more fully carry out the provisions of this Article there is hereby created a Gasoline and Oil Inspection Board of five...
N.C. Gen. Stat. § 119-26.1. Content of motor fuels and reformulated gasoline
(a) Rules adopted pursuant to G.S. 143-215.107(a)(9) to regulate the content of motor fuels or to require the use of reformulated gasoline shall be...
N.C. Gen. Stat. § 119-26.2. Repealed by Session Laws 2013-265, s. 16, effective July 17, 2013
N.C. Gen. Stat. § 119-26.3. MTBE in motor fuels prohibited
(a) Definitions. - As used in this section: (1) "Motor fuel" has the same meaning as in G.S. 105-449.60. (2) "MTBE" means the fuel...
N.C. Gen. Stat. § 119-27. Display of grade rating on pumps, etc.; sales from pumps or devices not labeled; sale of gasoline not meeting standard indicated on label
In the event that the Gasoline and Oil Inspection Board shall adopt standards for grades of gasoline, at all times there shall be firmly...
N.C. Gen. Stat. § 119-27.1. Self-service gasoline pumps; display of owner's or operator's name, address and telephone number
(a) Every owner of, or other person in control of, a self-service gas pump or station whose equipment permits purchase and physical transfer of...
N.C. Gen. Stat. § 119-27.2. Labels for dispensing pumps and devices offering ethanol-blended gasoline for retail sale
(a) The Gasoline and Oil Inspection Board shall adopt rules to require labels for all dispensing pumps and other dispensing devices that offer ethanol-blended...
N.C. Gen. Stat. § 119-28. Regulations for sale of substitutes
All materials, fluids, or substances offered or exposed for sale, purporting to be substitutes for or motor fuel improvers, shall, before being sold, exposed...
N.C. Gen. Stat. § 119-29. Rules and regulations of Board available to interested parties
It shall be the duty of the Commissioner of Agriculture to make available for all interested parties the rules and regulations adopted by the...
N.C. Gen. Stat. § 119-30. Establishment of laboratory for analysis of inspected products
The Commissioner of Agriculture is authorized to provide for the analysis of samples of inspected articles by establishing a laboratory under the Gasoline and...
N.C. Gen. Stat. § 119-31. Payment for samples taken for inspection
The gasoline and oil inspectors shall pay at the regular market price, at the time the sample is taken, for each sample obtained for...
N.C. Gen. Stat. § 119-32. Powers and authority of inspectors
The gasoline and oil inspectors shall have the right of access to the premises and records of any place where petroleum products are stored...
N.C. Gen. Stat. § 119-33. Investigation and inspection of measuring equipment; devices calculated to falsify measures
(a) The gasoline and oil inspectors shall be required to investigate and inspect the equipment for measuring gasoline, kerosene, lubricating oil, and other liquid...
N.C. Gen. Stat. § 119-34. Responsibility of retailers for quality of products
The retail dealer shall be held responsible for the quality of the petroleum products he sells or offers for sale: Provided, however, that the...
N.C. Gen. Stat. § 119-35. Adulteration of products offered for sale
It shall be unlawful for any person, firm, or corporation who has purchased gasoline or other liquid motor fuel upon which a road tax...
N.C. Gen. Stat. § 119-36. Certified copies of official tests admissible in evidence
A certified copy of the official test of the analysis of any petroleum product, under the seal of the Commissioner of Agriculture, shall be...
N.C. Gen. Stat. § 119-37. Retail dealers required to keep copies of invoices and delivery tickets
Every person, firm, or corporation engaged in the retail business of dispensing gasoline and/or other petroleum products to the public shall keep on the...
N.C. Gen. Stat. § 119-38. Prosecution of offenders
All prosecutions for fines and penalties under the provisions of this Article shall be by indictment in a court of competent jurisdiction in the...
N.C. Gen. Stat. § 119-39. Violation a misdemeanor
Unless another penalty is provided in this Article, any person violating any of the provisions of this Article or any of the rules and...
N.C. Gen. Stat. § 119-39.1. Civil Penalties
The Commissioner of Agriculture may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision...
N.C. Gen. Stat. § 119-40 through 119-41. Repealed by Session Laws 1995 (Regular Session, 1996), c. 647, s. 56
N.C. Gen. Stat. § 119-42. Persons engaged in transporting required to have in possession an invoice, bill of sale or bill of lading
Every person hauling, transporting or conveying into, out of, or between points in this State any motor fuel and/or any liquid petroleum product that...
N.C. Gen. Stat. § 119-44. Repealed by Session Laws 1995 (Regular Session, 1996), c. 647, s. 56
N.C. Gen. Stat. § 119-45. Certain laws adopted as part of Article
General Statutes 119-1 through 119-5 and G.S. 119-7 through 119-13 are hereby made a part of this Article. (1937, c. 425, s. 28.)
N.C. Gen. Stat. § 119-46. Charges for analysis of samples
The Secretary of Revenue is hereby authorized to fix and collect such charges as he may deem adequate and reasonable for any analysis made...
N.C. Gen. Stat. § 119-47. Inspection of fuels used by State
The Gasoline and Oil Inspection Division is hereby authorized, upon request of the proper State authority, to inspect, analyze, and report the result of...

Article 4 - Liquefied Petroleum Gases.

N.C. Gen. Stat. § 119-48 through 119-53. Recodified as �� 119-54 to 119-59

Article 5 - Liquefied Petroleum Gases.

N.C. Gen. Stat. § 119-54. Purpose; definitions; scope of Article
(a)It is the purpose of this Article to provide for the adoption and promulgation of a code of safety, and such rules and regulations...
N.C. Gen. Stat. § 119-55. Power of Board of Agriculture to set minimum standards; regulation by political subdivisions
The Board shall have the power and authority to set minimum standards and promulgate rules and regulations for the design, construction, location, installation, and...
N.C. Gen. Stat. § 119-56. Registration of dealers; liability insurance or substitute required
A person shall not hold himself out or commence operation as a dealer without first having registered as provided in this section. A dealer...
N.C. Gen. Stat. § 119-57. Administration of Article; rules and regulations given force and effect of law
It shall be the duty of the Commissioner to administer all the provisions of this Article and all the rules and regulations made and...
N.C. Gen. Stat. § 119-58. Unlawful acts
(a) It shall be an unlawful act for any person to: (1) Sell any liquefied petroleum gas burning appliance designed or built for domestic...
N.C. Gen. Stat. § 119-59. Sanctions for violations
(a) Criminal. - A dealer who violates a provision of this Article or a rule adopted under it is guilty of a Class 1...
N.C. Gen. Stat. § 119-60. Liquefied petroleum gas accidents; liability limitations
Any person who provides assistance upon request of any police agency, fire department, rescue or emergency squad, or any governmental agency in the event...
N.C. Gen. Stat. § 119-61. Replacement data plates for liquefied petroleum gas tanks
A liquefied petroleum gas tank of 120 gallons or more that is subject to the American Society of Mechanical Engineers (ASME) Code must have...
N.C. Gen. Stat. § 119-62. Liquefied petroleum gas dealers and their employees, agents, subcontractors; liability limitations
(a) A dealer shall not be liable for any civil damages resulting from any act or failure to act if the alleged injury, damage,...
N.C. Gen. Stat. § 119-63. Reserved for future codification purposes

Article 5A - Propane Assessment Act.

N.C. Gen. Stat. § 119-63.1. Title
This Article shall be known as the "Propane Assessment Act." (2013-299, s. 1.)
N.C. Gen. Stat. § 119-63.2. Purpose
It is in the public interest for the State to enable dealers and distributors of propane to assess the product in order to raise...
N.C. Gen. Stat. § 119-63.3. Definitions
The following definitions apply in this Article: (1) Association. - The North Carolina Propane Gas Association, Inc., a North Carolina nonprofit corporation. (2) Commissioner....
N.C. Gen. Stat. § 119-63.4. Referendum
(a) The Foundation may from time to time conduct referenda among dealers and distributors in this State upon the question of whether an assessment...
N.C. Gen. Stat. § 119-63.5. Payment and collection of assessment; refunds
(a) Each distributor, as the owner of propane at the time of odorization, or at the time of import of odorized propane, shall make...
N.C. Gen. Stat. § 119-63.6. Use of assessments; reporting
(a) The Foundation shall use the funds to promote the common good, welfare, and advancement of the propane industry, including, but not limited to,...
N.C. Gen. Stat. § 119-63.7. Termination of assessment
(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...
N.C. Gen. Stat. § 119-63.8. Association activities deemed not in restraint of trade; pricing
(a) No meeting or activity undertaken by the Association or the Foundation in pursuance of the provisions of this Article shall be considered illegal...
N.C. Gen. Stat. § 119-64. Reserved for future codification purposes

Article 6 - Contract Rights Regarding Tax Reimbursement.

N.C. Gen. Stat. § 119-65. Timing of reimbursement payments under contract
(a) Right. - When a contract calls for one party to reimburse a second party for the federal manufacturer's excise taxes levied on petroleum...

Last modified: March 23, 2014