§ 15-75-406 - Unlawful use of containers. - Arkansas Statutes

15-75-406. Unlawful use of containers.

(a) If a liquefied petroleum gas container shall bear upon the surface thereof in plainly legible characters the name, mark, initials, or other identifying device of the owner thereof, it shall be unlawful for any person except the owner or a person authorized in writing by him or her:

(1) To fill or refill the container with liquefied petroleum gas or any other gas or compound;

(2) To buy, sell, offer for sale, give, take, loan, deliver, or permit to be delivered, or otherwise use, dispose of, or traffic in any such container; or

(3) To deface, erase, obliterate, cover up, or otherwise remove, conceal, or change any such name, mark, initials, or other identifying device of the owner or to place the name, mark, initials, or other identifying device of any person other than the owner on the container.

(b) The use of liquefied petroleum gas containers by any person other than the person whose name, mark, initial, or device shall be or shall have been upon the liquefied petroleum gas containers, without written consent or purchase of the marked and distinguished liquefied petroleum gas container, for the sale of liquefied petroleum gas or filling or refilling with liquefied petroleum gas, or the possession of the liquefied petroleum gas containers by any person other than the person having his or her name, mark, initial, or other device thereon, without the written consent of the owner, shall be and is declared to be presumptive evidence of the unlawful use, filling or refilling, transition of, or trafficking in the liquefied petroleum gas containers.

(c) Whenever any person or the president, secretary, treasurer, or other officer of any corporation mentioned in subsection (e) of this section or his, her, its, or their authorized agent who has personal knowledge of the facts, shall make oath in writing before any justice of the peace, municipal judge, or other magistrate that the party so making the affidavit has reason to believe and does believe that any of his, her, its, or their liquefied petroleum gas containers marked with the name, initials, mark, or other device of the owner are in the possession of or being used by or being filled or refilled or transferred by any person whose name, initials, mark, or other device does not appear on the containers, and who is in the possession of, filling or refilling, or using any of the containers without the written consent of the owner of the name, initials, or trademark, the magistrate may, when satisfied that there is reasonable cause:

(1) Issue a search warrant and cause the premises designated to be searched for the purpose of discovering and obtaining the containers; and

(2) May also cause to be brought before him or her the person in whose possession such containers may be found and shall then inquire into the circumstances of such a possession. If the magistrate finds that the person has been guilty of a violation of this section, he or she shall impose the punishment herein prescribed, and he or she shall also award the possession of property taken upon the search warrant to the owner thereof.

(d) Any person who shall fail to comply with any of the foregoing provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not more than ninety (90) days or by a fine of not less than twenty-five dollars ($25.00) and not exceeding three hundred dollars ($300), or by both fine and imprisonment, for each separate offense.

(e) As used in this section, unless the context otherwise requires:

(1) "Person" means and includes any person, firm, or corporation; and

(2) "Owner" means and includes:

(A) Any person who holds a written bill of sale or other instrument under which title to the container was transferred to the person;

(B) Any person who holds a paid or receipted invoice showing purchase and payment of the container;

(C) Any person whose name, initials, mark, or other identifying device has been plainly and legibly stamped or otherwise shown upon the surface of the container for a period of not less than one (1) year prior to March 12, 1957; or

(D) Any manufacturer of a container who has not sold or transferred ownership thereof by written bill of sale or otherwise.

(f) (1) If a seller of liquefied petroleum gas is unable to promptly respond to a request for the delivery of liquefied petroleum gas from a person lawfully in possession of a liquefied petroleum gas container bearing upon the surface thereof the name, mark, initials, or other identifying device of that seller, the seller shall immediately authorize in writing some other seller, or sellers, to fill or refill the liquefied petroleum gas container. This authorization, including the name, address, and telephone number of the authorized seller, shall be immediately communicated to any customer of the original seller who inquires regarding the delivery of liquefied petroleum gas.

(2) For the purposes of this subsection, a seller is able to "promptly respond to a request" to deliver liquefied petroleum gas if the seller can complete the delivery within ninety-six (96) hours of the request.

(3) This section shall not apply when a seller of liquified petroleum gas has determined that:

(A) The gas container in the possession of the person requesting delivery is more than ten percent (10%) full;

(B) Delivery of the liquified petroleum gas would create a safety hazard because of equipment defects;

(C) The person requesting delivery has failed to pay the seller for a previous delivery of liquified petroleum gas; or

(D) Credit has not been established with the seller by the person requesting delivery, and the person requesting delivery is unable to pay for the liquified petroleum gas in full at the time of delivery.

(4) In order to expedite the delivery of liquified petroleum gas, the required pressure testing by the seller is waived for any delivery of liquified petroleum gas under this subsection only.

(g) (1) The Director of the Liquefied Petroleum Gas Board may allow a liquefied petroleum gas company to fill or service another liquefied petroleum gas company's container during a declared state of emergency by the Governor if the liquefied petroleum gas company owning the container will not or cannot fill or service the container within twenty-four (24) hours after the request for service by a person or company.

(2) If the director determines that there is an immediate need to fill the liquefied petroleum gas container during the declared emergency, the director may authorize the filling of the container in less than the twenty-four-hour period if the company owning the container will not or cannot fill or service the container in less than the twenty-four-hour period.

(3) To expedite the delivery of liquefied petroleum gas, the required pressure testing by the seller is waived for any delivery of liquefied petroleum gas under this subsection during a declared emergency.