New York Laws
Article 16 - Weights and Measures
179 - Powers and Duties of the Commissioner.

§ 179. Powers and duties of the commissioner. The commissioner is
hereby authorized to:

1. Administer, supervise and enforce the provisions of this article.

2. Promulgate such rules and regulations as he may deem necessary to
supplement and give full effect to this article.

3. a. Adopt and incorporate by reference in such rules and regulations
any official handbook, or part thereof, published by the national bureau
of standards or its successor organization, the national institute of
standards and technology, and file any handbook, or part thereof, so
adopted with the secretary of state.

b. Adopt rules and regulations in consultation with the commissioner
of environmental conservation, setting forth standards relating to
petroleum product and alternative fuel quality, specifications, and
sampling and testing methods. Rules and regulations relating to octane
ratings and lead content of gasoline shall be consistent with applicable
federal statutes and regulations. Insofar as practicable, such rules and
regulations shall be consistent with standards established by the
National Institute of Standards and Technology and the American Society
for Testing and Materials. For the purpose of this section, the term
"alternative fuel" means alcohols such as ethanol, methanol, butanol and
non-petroleum liquid or gaseous fuels, other than alcohol, derived from
biological materials, suitable for use and consumption in the engine of
a motor vehicle.

4. Take charge of the standards adopted by this article as the primary
standards of the state; cause them to be kept in the principal office of
the department in the city of Albany, from which they shall not be
removed except for repairs or for certification; and take all other
precautions for their safekeeping.

5. Submit such primary standards to the national bureau of standards
or its successor organization, the national institute of standards and
technology, for certification as often as he may deem necessary or upon
the request of such bureau.

6. Maintain a complete set of copies of such primary standards, which
shall be used for adjusting municipal standards, and the primary
standards shall not be used except for the adjustment of this set of
copies.

7. Procure such apparatus, equipment and standards, if the same have
not already been procured, as are necessary in the comparison and
adjustment of municipal standards.

8. Keep a complete record of the standards, balances and other related
apparatus which are in his possession.

9. Inspect, either personally or through his authorized agents, as
often as he deems necessary but no less than once every two years, the
standards of weights and measures of each county and of each city which
maintains a weights and measures program; and at least every five years,
compare the same with those in his possession and make such corrections
in the municipal standards as are necessary; and keep a record of the
same.

10. Supervise the weights and measures, weighing and measuring devices
and systems, and accessories related thereto, which are sold, offered or
exposed for sale, or used in the state.

11. Test, calibrate and certify, upon the request of any person, firm
or corporation, standards of weights and measures, weighing and
measuring devices and systems, and accessories related thereto; and
charge such fees therefor as he deems appropriate.

12. (a) Establish specifications, amounts of tolerances and reasonable
variations allowable for weights and measures, weighing and measuring
devices and systems, and accessories relating thereto, for packaged

commodities sold, or offered or exposed for sale in the state, for the
composition and quality of petroleum products, and the testing methods
therefor, giving due recognition to federal and state requirements, and
enter into such written agreements as the commissioner may deem
appropriate, with federal agencies and other state agencies for the
purpose of establishing and enforcing uniform specifications and
tolerances and (b) establish, by regulation, and collect an appropriate
fee commensurate with costs, for the examination of all new types of
weighing and measuring devices and systems, and accessories relating
thereto prior to their introduction into commerce.

13. Inspect and test, either personally or through his authorized
agents, weights and measures, weighing and measuring devices and
systems, and accessories relating thereto which are used commercially
within the state by any person, firm or corporation in determining the
weight, measure or count of commodities or things sold, or offered or
exposed for sale on the basis of weight, measure or count, or in
computing the basic charge or payment for services rendered on the basis
of weight, measure or count, or in the case of coin counting machines
which are used commercially within the state by any coin processor
required to be licensed pursuant to article twenty-seven-A of the
general business law ("coin processor licensing act"), in determining an
accurate count of coins, in order to ascertain if such weights and
measures, weighing and measuring devices and systems, or accessories
related thereto are correct and are being used correctly; and charge
fees commensurate with the cost of each such inspection or test for
inspections and tests which are not otherwise conducted by
municipalities. The commissioner is also authorized to charge fees
commensurate with the cost of each such inspection or test for
inspections and tests conducted for the purpose of certifying municipal
weighing and measuring devices and systems. Fees authorized by this
subdivision shall be established by the commissioner by regulation.

14. Weigh, measure and inspect, either personally or through his
authorized agents, packaged commodities kept, offered or exposed for
sale, sold or in the process of delivery to determine whether such
packages contain the amounts represented and whether they are kept,
offered or exposed for sale in accordance with this article or the rules
and regulations promulgated pursuant thereto.

15. Cause to be tested, as often as he deems necessary by a weights
and measures official all weights and measures, weighing and measuring
devices and systems, and accessories related thereto, used in checking
the receipt or disbursement of supplies in every state agency or
institution, and report in writing to the head of the agency or
institution concerned; and, at the request of the head of any state
agency or institution, appoint in writing one or more employees, then in
actual service of such agency or institution, who shall act as special
deputies for the purpose of checking the receipt or disbursement of
supplies.

16. Supervise municipal weights and measures programs and, in
conjunction therewith, examine and evaluate, either personally or
through his authorized agents, such programs as often as he deems
necessary and report the results thereof.

17. Establish, jointly with the state civil service commission,
standards governing the qualifications and appointments of municipal
directors of weights and measures, their deputies and employees.

18. Provide technical assistance and training, and issue such
instructions to municipal weights and measures officials as he deems
appropriate to effectuate the provisions of this article. Such

instructions shall be binding upon and govern such officials in the
discharge of their duties.

19. a. Inspect, test, and take samples, of any and all petroleum
products and alternative fuel kept, offered or exposed for sale or in
the process of delivery or transport and inspect any and all documents
and records required to be maintained by this article. The commissioner
of taxation and finance may request from the commissioner cooperation
and technical assistance, including, among other things, the inspection,
testing and sampling of petroleum products, in connection with the
administration and enforcement of the fee and taxes imposed with respect
to such products by or pursuant to article twelve-A, thirteen-A,
twenty-eight or twenty-nine of the tax law.

b. Provide test kits, sample containers and shipping and custody
documents for municipal weights and measures programs and reimburse such
municipalities for the cost of petroleum product and alternative fuel
samples and sample shipping to a testing facility designated by the
commissioner.

c. Provide financial reimbursement to municipalities for activities
undertaken by municipal weights and measures programs, for one annual
inspection, screening test, and sample of fuel being held, kept, stored,
or transported in a terminal storage tank or in a storage tank located
at a retail fuel outlet and for all additional inspections of petroleum
products and alternative fuel prescribed by the commissioner. The
commissioner, by regulation, shall establish the amount of such
reimbursement and the means by which municipalities can qualify for such
reimbursement.

20. Pursuant to delegation from the commissioner of environmental
conservation under paragraph f of subdivision one of section 19-0301 of
the environmental conservation law, and notwithstanding any other
provision of this chapter, exercise the authority of the department of
environmental conservation to test fuels for conformance with applicable
standards and to enforce against violations of such standards.