CHAPTER 161.
GENERAL PROVISIONS RESPECTING TRADE.
AN ACT to amend Chapter 411, Volume 14, Laws of Delaware, entitled "An Act to Protect the People from the Dangers resulting from the use of Petroleum, Coal Oils and Burning Fluids," by Increasing the Fire Test and providing for the method and manner of making such tests, and by whom such tests shall be made.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Section 1 of the said Act be and the same is hereby amended by striking out all of said Section and inserting in lieu thereof, the following:
"Section 1. That on and after the first day of July next it shall not be lawful to sell, or offer for sale, within the limits of this State, any kerosene, headlight or other oil for illuminating purposes produced from petroleum, which will not bear the fire test of at least one hundred and fifteen (115) degrees Fahrenheit. Said fire test shall be determined by the use of the Tagliabue instrument or apparatus in method and manner as follows: Partially fill the metal cup with water about sixty (60) degrees Fahrenheit temperature, leaving room for displacement by the glass oil cup; fill the glass oil cup with the oil to be tested, to within one quarter (1/4) of an inch of the top of the cup, remove all oil from the top edge of the cup, using soft paper for such purpose; see that surface of oil in the cup is free from air bubbles; suspend the thermometer with the bulb just below the surface of the oil; heat with a small alcohol flame; when the thermometer indicates one hundred (100) degrees Fahrenheit; remove flame and allow temperature to run up to one hundred and three (103) degrees Fahrenheit; at which point try for flash with small bead of fire on the end of a string, or otherwise, held not less than one quarter (1/4) of an inch above the surface of the oil; if the oil does not flash, or if it flashes and does not continue to burn, replace flame, work temperature up four (4) degrees Fahrenheit more, then remove flame, allow temperature to run up three (3) degrees Fahrenheit more and again try to flash; if the oil flashes, or if it flashes and does not continue to burn, repeat this operation until one hundred and fourteen (114) degrees Fahrenheit are reached, at which point, if the oil does not flash, or if it flashes and does not continue to burn, it shall be deemed and considered as of not less than one hundred and fifteen (i15) degrees fire test; but the oil thus tested shall not be deemed or considered as of not less than one hundred and fifteen (115) degrees fire test if it flashes and continues to burn at one hundred and fourteen (114) degrees Fahrenheit, or at a lower temperature. The temperature in making the test as above set forth shall not be raised or allowed to rise in any instance faster than two (2) degrees Fahrenheit per minute."
Section 2. That Section 2 of said Act be and the same is hereby amended by striking out all of said Section and inserting in lieu thereof, the following:
"Section 2. That it shall be the duty of the State Chemist of this state to make tests in the method or manner as pro- tests vided in Section i of this Act, to determine the fire test of any sample of kerosene, headlight or other oil for illuminating purposes produced from petroleum, sold or offered for sale in this state, which any citizen thereof may forward to the State Chemist for such test; provided that each sample so sent shall not be less in quantity than one (1) pint, and shall be forwarded by express, charges prepaid; contained in a glass, earthen or metal receptacle which has not been used to contain any other substance, securely sealed and accompanied by a fee of one dollar; and if such sample stands the legal fire test above described, and will not burn below one hundred and fifteen (115) degrees Fahrenheit, the State Chemist may retain said one dollar as a fee, but in event of said sample failing to stand said legal test, by burning below one hundred and fifteen (115) degrees Fahrenheit, the said one dollar shall be returned to the sender, and a fee of ($5.00) five dollars charged against the dealer from whom said sample has been obtained, which shall be collected in the same manner as fines are collected, subject to the same rights of appeal.
The State Chemist shall have the right to take from any reservoir, tank, barrel, can or other receptacle in this state state used for holding or storing kerosene, headlight or other oil for illuminating purposes produced from petroleum, a sample for are test not exceeding one (I) pint from any such receptacle, for the purpose of submitting and subjecting such oil to a fire test as herein provided in Section 1 of this Act.
It shall be the duty of the State Chemist when a sample so tested, of kerosene, headlight or other oil for illuminating purposes produced from petroleum shall be found to be of a fire test less than that required by the provisions of this Act, to report the fact to the Attorney General of this test state, giving the name of the owner or owners of the oil in any reservoir, tank, barrel, can or other receptacle from which the sample so tested was taken, together with a certificate showing the result of such fire test; and it shall be the duty of the Attorney General of this State, upon receipt of such report and certificates from the State Chemist, to proceed under the provisions of this Act in a court of competent jurisdiction against the owner or owners of such kerosene, headlight or other oil for illuminating purposes produced from petroleum, from which the sample so tested was taken, if such owner or owners be individuals, and against the officers thereof if the owner of such oil be a domestic corporation, and against the resident agent in this state if the owner of such oil be a foreign corporation or non-resident individual or copartnership;" And the penalty for violating any of the provisions of this Act shall be, upon conviction, a fine of not more than two hundred dollars, in the discretion of the Court."
Approved March 15, A. D. 1907.