Executive Order  No. 46: (1st Series) Regulation of fuel sales and distribution

WHEREAS, the prosecution of the existing war has limited the facilities for the transportation of fuel oil into the New England States, thereby drastically reducing the supply thereof and making the conservation thereof of vital importance; and

WHEREAS, the health of citizens of the Commonwealth may be endangered if the sup- ply of fuel oil available for the heating of dwellings is diverted to other uses; and

WHEREAS, the available supply of the grades of fuel oil commonly known as No. 1 Distillate, otherwise known as kerosene or range oil, and No. 2 Distillate, otherwise known as domestic heating oil, commonly used for the heating of dwellings, are being and may here- after be diverted to other uses so as to further deplete such supply:

NOW, THEREFORE, I, Leverett Saltonstall, Governor of the Commonwealth of Massachusetts, acting under the provisions of Acts of 1941, chapter 719, Acts of 1942, chapter 13, section 2, and all other authority vested in me, do hereby issue this order as a measure necessary and expedient for meeting the supreme emergency of the existing state of war between the United States and certain foreign countries.

No person shall sell, transfer, deliver, distribute or give away within or without the Commonwealth of Massachusetts petroleum fuel oil of the grades commonly known as No. 1 Distillate, otherwise known as kerosene or range oil, and/or No. 2 Distillate, otherwise known as domestic heating oil, to any other person unless such other person has been a regular user of said grades of fuel oil and intends to use the same in continuance of the type of use to which he applied said grades of fuel oil prior to December 1, 1942, and unless such other person intends to use such oil in equipment designed, primarily for the use of such grades of fuel oil.

No person shall use petroleum fuel oil of the grades commonly known as No. 1 Distillate, otherwise known as kerosene or range oil, and/or No. 2 Distillate, otherwise known as domestic heating oil, either alone or in combination with any other grade or grades of fuel oil, except in equipment designed primarily for the use of said grades commonly known as No. 1 Distillate and No. 2 Distillate.

This order shall not be deemed to prevent the sale, transfer or delivery of said grades of fuel oil commonly known as No. 1 Distillate and/or No. 2 Distillate between any peddler, jobber, dealer, primary supplier or secondary supplier for the purpose of distribution. Any person who violates any provision of this order shall be punished therefor as provided by Acts of 1942, chapter 13, section 3.

GIVEN at the Executive Chamber in Boston, this fourth day of January, in the year of our Lord one thousand nine hundred and forty-three, and of the Independence of the United States of America, the one hundred and sixty-seventh.

By His Excellency the Governor,
LEVERETT SALTONSTALL.

FREDERIC W. COOK,
Secretary of the Commonwealth.