§ 23.106. Liquefied petroleum gas.
(a) Scope. This section applies to sales of liquefied petroleum gas.
(b) Definition. As used in this section, the term liquified petroleum gas means a petroleum product composed predominantly of one or more of the following hydrocarbons:
(1) Propane.
(2) Propylene.
(3) Butanes (normal butane/or isobutane).
(4) Butylenes.
(c) Method of sale. Liquefied petroleum gas shall be sold avoirdupois weight specified in pounds and decimal fractions of the pound, liquid measure specified in gallon and decimal fractions of the gallon, in vapor measure specified in cubic feet or decimal fractions thereof, or in another unit approved by the Department. For purposes of this section, the gallon is defined as 231 cubic inches at 60°F, and the cubic foot is defined as a cubic foot of the vapor being measured at 60° F and at 14.73 pounds per square inch atmosphere.
(d) Sale of liquefied petroleum gas in portable containers. If liquefied petroleum gas is delivered, offered for sale or sold in a package which is a portable container, it shall be sold by weight.
(e) Portable container or package marking. The tare weight of a refillable container used as a portable container or package shall be plainly and conspicuously marked on the outside of the container. Tare weight may not include the valve protecting cap which shall be removed when weighing. The net weight of the contents of a container used as a portable container or package shall be plainly and conspicuously marked on the container or on a tag firmly attached thereto, except for containers bearing generally accepted model numbers which indicate the net weight of the contents.
(f) Variations. Variations from the declared net weight shall be permitted if caused by unavoidable deviations in weighing that occur in good packaging practices, but the variations may not exceed 2% and the average of the quantities in the packages comprising either a shipment of other delivery or a lot that is kept, offered, exposed for sale or sold shall equal or exceed the labeled quantity. No unreasonable shortage in any package may be permitted, even though overages in other packages in the same shipment, delivery or lot compensate for the shortage.
(g) Credit for unused product. If liquefied petroleum gas is sold by the package or portable container, except where rate schedules or written agreements provide otherwise, full credit for the difference in weight of the container disconnected by the supplier and removed from the premises of a customer by the supplier and the marked tare weight of the container shall be granted by the supplier to the customer.
(h) Sale through measuring devices. Only devices approved by the Department under the act of May 5, 1921 (P. L. 389, No. 187) (73 P. S. § § 1701—1715), shall be used in the metering or measuring of liquefied petroleum gas for the determination of the value of the gas as sold. The devices shall conform to the technical requirements published in National Bureau of Standards ‘‘Handbook 44’’ and amendments and supplements thereto and to other technical requirements promulgated by the Department.
(i) Sales tickets or invoices. Except where liquefied petroleum gas is delivered and sold to the purchaser in portable container or package form, a delivery ticket or an invoice shall be submitted to the purchaser clearly stating the date of the delivery, the name and address of the vendor, the name and address of the purchaser and the net quantity of the delivery in terms of approved units of measure. If the meter readings are in approved units other than pounds, gallons or cubic feet, the invoice shall clearly indicate to the purchaser the factor to be used to convert to pounds, gallons or cubic feet.
Authority The provisions of this § 23.106 amended under the Weights and Measures Act of 1965 (73 P. S. § § 1651—1692) (Transferred from 76 P. S. § § 100-1—100-42 in 1978).
Source The provisions of this § 23.106 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 44; amended May 26, 1989, effective May 27, 1989, 19 Pa.B. 2254. Immediately preceding text appears at serial pages (20067) to (20068).
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