§ 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; - North Carolina Statutes

§ 119‑26.  Gasolineand Oil Inspection Board created; composition, appointment of members, etc.;expenses; powers generally; adoption of standards, etc.; sale of products notcomplying with standards; renaming, etc., of gasoline.

In order to more fully carry out the provisions of this Article thereis hereby created a Gasoline and Oil Inspection Board of five members, to becomposed of the Commissioner of Agriculture, the Director of the Gasoline andOil Inspection Division, and three members to be appointed by the Governor, whoshall serve at his will. The Commissioner of Agriculture and the Director ofthe Gasoline and Oil Inspection Division shall serve without additionalcompensation. Other members of the Board shall each receive the amount providedby G.S. 138‑5 for each day he attends a session of the Board and for eachday necessarily spent in traveling to and from his place of residence, and heshall receive five cents (5¢) a mile for the distance to and from Raleigh bythe usual direct route for each meeting of the Board which he attends. Theseexpenses shall be paid from the Gasoline and Oil Inspection Fund created bythis Article. The duly appointed and acting Gasoline and Oil Inspection Boardshall have the power, in its discretion, after public notice and provision forthe hearing of all interested parties, to adopt standards for kerosene and oneor more grades of gasoline based upon scientific tests and ratings for each ofthe articles for which inspection is provided; to require the labeling of dispensingpumps or other dispensing devices, and to prescribe the forms therefor; torequire that the label, name, or brand under which gasoline is thereafter to besold be applied at the time of its first purchase within the State and to passall rules and regulations necessary for enforcing the provisions of the lawsrelating to the transportation and inspection of petroleum products; provided,however, that the action of said Gasoline and Oil Inspection Board shall besubject to the approval of the Governor of the State; and provided further,that if the Gasoline and Oil Inspection Board should promulgate any regulationwhich requires that gasoline be labeled, named or branded at the time of itsfirst sale in the State, that such regulation shall provide in addition thatany subsequent owner may rename, rebrand, or relabel such gasoline if suchsubsequent owner first files with the Board a notice of intention to do so,said notice to contain information showing the original brand, name, label, thecompany or person from whom the gasoline has been or is to be purchased, theminimum specifications registered by the seller, the brand, name, or label thatis to be given such gasoline and the minimum specifications of such gasoline asfiled with the Board; provided, further, that no labeling, naming or brandingof gasoline which may be required by the Gasoline and Oil Inspection Boardunder the provisions of this Article, shall be construed as permitting gasolineto become the subject of fair trade contracts, as provided in G.S. 66‑52.After the adoption and publication of said standards it shall be unlawful tosell or offer for sale or exchange or use in this State any products which donot comply with the standards so adopted. The said Gasoline and Oil InspectionBoard shall, from time to time after a public hearing, have the right to amend,alter, or change said standards. Three members of said Board shall constitute aquorum. (1937, c. 425, s.9; 1941, c. 220; 1949, c. 1167; 1961, c. 961; 1969, c. 445, s. 2.)