§ 119-63.7 – Termination of assessment.
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 section, or a receipt of a petition signed by at least fifty percent (50%) of the distributors requesting a referendum pursuant to this section, the Department shall […]
§ 119-63.8 – Alliance activities deemed not in restraint of trade; pricing.
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 under antitrust law or a restraint of trade. (b) In all cases, the price of propane shall be determined by market […]
§ 119-65 – Timing of reimbursement payments under contract.
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 products in Part III of Subchapter A of Chapter 32 of the Internal Revenue Code, whether as a separate item or as part of […]
§ 119-59 – Sanctions for violations.
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 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 preliminarily […]
§ 119-60 – Liquefied petroleum gas accidents; liability limitations.
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 of an accident or other emergency involving the use, handling, transportation, transmission or storage of liquefied petroleum gas, when the reasonably apparent circumstances require […]
§ 119-61 – Replacement data plates for liquefied petroleum gas tanks.
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 a data plate indicating that it was built in accordance with that Code. The Commissioner may issue a data plate to replace […]
§ 119-62 – Liquefied petroleum gas dealers and their employees, agents, subcontractors; liability limitations.
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, or loss claimed in the action was caused by any one or more of the following: (1) The installation, […]
§ 119-63.1 – Title.
119-63.1. Title. This Article shall be known as the "Propane Assessment Act." (2013-299, s. 1.)
§ 119-63.2 – Purpose.
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 funds for the purposes of promoting the common good, welfare, and advancement of the propane industry. (2013-299, s. 1.)
§ 119-63.3 – Definitions.
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. – The Commissioner of Agriculture or his or her designee. (3) Dealer. – Any person who is registered with the Commissioner pursuant to G.S. 119-56 to engage in: a. […]