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Ch. 397
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2186
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LAWS OF MARYLAND
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provisions of this subtitle. For this purpose, he
[shall have the power to] MAY promulgate such rules and
regulations as may be necessary for the proper
administration and enforcement of this subtitle. He shall
establish by regulation minimum specifications for the
various gasoline and special fuel products marketed in
this State consistent with the general practices of other
states and the petroleum industry [by using the
provisions set forth by the American Society for Testing
Materials Manual as amended from time to time. He shall
have authority to change such specifications, but only
after giving ninety (90) days notice and a public hearing
in regard to such changes]. When such specifications
are established, the supplier of the gasoline and special
fuel products to the retail service station dealer shall
compound the product stored by the dealer so that it
meets specifications[, if possible]. ANY ANALYSIS OF
PRODUCTS UNDER THIS. SUBTITLE SHALL BE CONDUCTED BY USING
ANY TESTING METHOD APPROVED BY THE COMPTROLLER, INCLUDING
THOSE OF THE AMERICAN SOCIETY FOR TESTING AND MATERIALS.
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(b) Whenever the Comptroller of the Treasury shall
find any person willfully marketing gasoline and special
fuel products in this State which are regulated by this
article and which do not comply with the prescribed
minimum specifications therefore or otherwise willfully
marketing petroleum products in violation of this article
and rules and regulations promulgated pursuant hereto, he
shall direct them to cease such violation, INCLUDING ANY
FURTHER SALE OR DISTRIBUTION. If, after such direction,
the violation continues, the Comptroller shall refer the
matter to the Attorney General who is authorized to apply
to the circuit court having jurisdiction over the
offender for an injunction against the continuance of any
such violations. The appropriate circuit court shall
have jurisdiction, upon hearing and for cause shown, to
grant such temporary or permanent injunction restraining
further violations as the circumstances appear to
require.
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(C) (1) THE COMPTROLLER MAY ADOPT EMERGENCY
SPECIFICATIONS FOR GASOLINE AND SPECIAL FUEL PRODUCTS IF
HE DEEMS IT NECESSARY IN ORDER TO INSURE THE MAXIMUM
AVAILABILITY OF SUCH PRODUCTS OR TO INCREASE THEIR SUPPLY
IN ANY EMERGENCY SITUATION THAT ARISES IN THE PRODUCTION,
REFINING, OR SUPPLY OF SUCH PRODUCTS.
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(2) THE COMPTROLLER SHALL TAKE PRECAUTIONS
TO INSURE AGAINST INFERIOR SPECIFICATIONS WHICH MAY
RESULT IN THE UNSATISFACTORY PERFORMANCE OF ANY GASOLINE
OR SPECIAL FUEL PRODUCTS.
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(3) THE COMPTROLLER MAY REQUIRE A RETAIL
SERVICE STATION DEALER TO POST ANY AUTHORIZED EMERGENCY
SPECIFICATIONS ON ALL RETAIL DISPENSING PUMPS WITHIN 30
DAYS OF THE ADOPTION OF SUCH SPECIFICATIONS.
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![clear space](../../../images/clear.gif) |