The following definitions apply in this Article:

(1)        Alliance. – Southeast Propane Alliance, Inc., a North Carolina nonprofit corporation.

(2)        Commissioner. – The Commissioner of Agriculture or his or her designee.

(3)        Dealer. – Any person who is registered with the Commissioner pursuant to N.C. Gen. Stat. § 119-56 to engage in:

a.         The business of selling or otherwise dealing in liquefied petroleum gases requiring handling, storing, measuring, transporting, or distributing liquefied petroleum gas; or

b.         The business of installing, servicing, repairing, adjusting, connecting or disconnecting containers, equipment, or appliances using liquefied gas. A person who engages in any of the aforementioned activities only in connection with his or her employer’s use of liquefied petroleum gas and not as a business shall not be deemed to be a “dealer” for the purposes of this Article.

Any person who retails liquefied petroleum gas in containers of less than 50 pounds water capacity and whose retail business does not involve the filling or transportation of such containers is not a “dealer” for purposes of this Article.

(4)        Department. – The North Carolina Department of Agriculture and Consumer Services.

(5)        Distributor. – A person whose primary business involves the sale of liquefied petroleum gas to a dealer.

(6)        Foundation. – North Carolina Propane Education & Research Foundation, a North Carolina nonprofit corporation that is tax exempt under section 501(c)(3) of the Internal Revenue Code.

(7)        Liquefied petroleum gas. – Any material which is composed predominantly of any of the following hydrocarbons or mixtures of the same: propane, propylene, butanes (normal butanes or isobutane), and butylenes.

(8)        Person. – An individual, a partnership, a firm, or a corporation.

(9)        Propane. – A liquefied petroleum gas. ?(2013-299, s. 1; 2022-51, s. 20(a).)

Terms Used In North Carolina General Statutes 119-63.3

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.