CHAPTER 31

FORMERLY

SENATE BILL NO. 25

AS AMENDED BY SENATE AMENDMENT NO. 4

AN ACT TO AMEND 16 DEL. C., CHAPTER 73, TO REQUIRE THE LABELING OF KEROSENE FUELS SOLD AT RETAIL WITHIN THE STATE OF DELAWARE.

WHEREAS, the Legislature of the State of Delaware recognizes that many citizens of this State are subject to indoor air pollution hazards caused by substandard fuels used in unvented kerosene heaters. The major indoor air pollutants from kerosene heaters are: carbon monoxide, nitrogen dioxide, carbon dioxide, and sulfur dioxide. Any or all of these pollutants may be present through the Incomplete combustion of kerosene and through impurities in the fuel, high risk population, especially pregnant women, asthmatics, people with cardiovascular disease, children, and the elderly, must be protected from excessive levels of combustion pollutants from kerosene fuel of lesser quality than I-K. The intent of this legislation is to identify I-K kerosene and thereby protect the health and safety of the consumer from unknowingly purchasing a substandard quality kerosene.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend 16, Del. C., 57306 by adding at the end thereof the following additional definitions:

"(6) 1-K or K-1 kerosene means kerosene that has been distilled from petroleum to meet the current specifications of A.S.T.M. (American Society for Testing of Materials) #D3699 (1978) for 1-K.

(7) 2-K or K-2 kerosene means kerosene that has been distilled from petroleum to meet the current specifications of A.S.T.M. #D3699 (1978) for 2-K."

Section 2. Further amend 16, Del. C., Chapter 73, by adding at the end thereof the following: "§7312. Labeling Requirement

I-K and 2-K kerosene which is kept, offered, exposed for sale, or sold within Delaware shall be properly identified as meeting ASTM standards. Such identification requirements shall apply to every dispenser and delivery ticket (manifest or invoice) accompanying the transfer of kerosene which is kept, offered, exposed for sale or sold in Delaware. Furthermore, dispensers or retail pumps of kerosene fuels other than 1-K must bear the following warning label M a conspicious place:

ASTM grade 2-K kerosene is not suitable for use in unvented (flue-less) portable heaters. Evidence for the quality of I-K or 2-K from the supplier of kerosene shall be maintained at the retail sales location and shall be available for State inspection during normal business hours.

§7313. Kerosene Inspection, Sampling, and Testing

The Weights and Measures, section of the State Department of Agriculture, shall be responsible for the inspection, sampling, and testing of kerosene sold by dealers within the State of Delaware to determine compliance with Labeling Requirements. Tests shall be conducted on kerosene kept, offered, exposed for sale or sold within Delaware in order to determine it the product specifications meet the minimum specifications of the type of product being sold. A 'stop sale' shall be Issued immediately by the Department of Agriculture for all kerosenes found to be mislabeled or misrepresented.

§7314. Penalties

Notwithstanding the provisions of §7311 of this Chapter, persons who do not comply with labeling and/or certification provisions of 57312 and 57313 of this Chapter, shall be punished by a fine of not less than $25 or more than ;200, or by imprisonment for not more than one month, or by both such fine and imprisonment; and upon a subsequent conviction thereof, he shall be punished by a fine of not less than $50 or more than $500, or by imprisonment for not more than 6 months, or by both such fine and imprisonment. The Superior Court shall have jurisdiction to adjudicate offenses under this section."

Approved May 16, 1983.