O.C.G.A.

O.C.G.A. § 10-1-152 (2019)

Labeling gasoline and kerosene containers; cleaning kerosene containers of gasoline

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Every person, firm, or corporation delivering at wholesale or retail any gasoline in this state shall deliver the same to the purchaser only in tanks, barrels, casks, cans, or other containers having the word “gasoline” plainly stenciled or labeled thereon in vermilion red, in English. Such dealers shall not deliver kerosene oil in any barrel, cask, can, or other container which shall have been so stenciled or labeled or that has ever contained gasoline unless such barrel, cask, can, or other container shall have been thoroughly cleaned and all traces of gasoline removed. Every purchaser of gasoline for use or sale shall procure and keep the same only in tanks, barrels, casks, cans, or other containers stenciled or labeled as provided in this Code section. Every person delivering at wholesale or retail any kerosene in this state shall deliver the same to the purchaser only in tanks, barrels, casks, cans, or other containers having the word “kerosene” in English, plainly stenciled or labeled thereon in vermilion red; and every person purchasing the same for use or sale shall procure and keep the same only in tanks, barrels, casks, cans, or other containers stenciled or labeled as provided in this Code section. Nothing in this Code section shall prohibit the delivery of gasoline by hose or pipe from a tank directly into the tank of any automobile or other motor. In cases where gasoline or kerosene is sold in bottles, cans, or other containers of not more than one gallon, for cleaning and other similar purposes, such bottles, cans, or other containers shall bear a label with the words “unsafe when exposed to heat or fire.”

History

Ga. L. 1927, p. 279, § 5; Code 1933, § 73-213; Ga. L. 2024, p. 1052, § 2(5)/SB 448, effective July 1, 2024. Amendments. The 2024 amendment, effective July 1, 2024, part of an Act to revise, modern-

ize, and correct the Code, in the fourth sentence, substituted “deliver the same” for “deliver same” and “purchasing the same” for “purchasing same”.

Annotations

RESEARCH REFERENCES Am. Jur. 2d. 38 Am. Jur. 2d, Gas and Oil, §§ 145, 159 et seq.

C.J.S. 58 C.J.S., Mines and Minerals, § 417 et seq.

SELLING/OTHER TRADE PRACTICES

ALR. Validity of regulations as to keeping or storage of gasoline, 43 A.L.R. 858; 128 A.L.R. 364.

Gasoline or other fuel storage tanks as nuisance, 50 A.L.R.3d 209.