Section 1812-A. Person not registered as distributor of Diesel motor fuel

(a) Any person who, while not registered  as  a  distributor  of  Diesel
  motor  fuel  pursuant  to  the  provisions  of  article twelve-A of this
  chapter, engages in the enhancement, makes a  sale  or  use  within  the
  state  of Diesel motor fuel (other than a retail sale not in bulk or the
  self-use of Diesel motor fuel which has been the  subject  of  a  retail
  sale), imports or causes Diesel motor fuel to be imported into the state
  or produces, refines, manufactures or compounds Diesel motor fuel within
  the  state  shall  be guilty of a misdemeanor. If, within any ninety day
  period, two thousand nine hundred gallons or more of Diesel  motor  fuel
  are  subjected  to  enhancement or sale or use (other than a retail sale
  not in bulk or the self-use of Diesel motor  fuel  which  has  been  the
  subject  of a retail sale) within the state or are imported or caused to
  be imported by any person while not so registered as  a  distributor  of
  Diesel motor fuel, such person shall be guilty of a class E felony.
    (b)  Any  person  whose  registration  under  article twelve-A of this
  chapter applies only to the importation, sale and distribution of Diesel
  motor fuel for the purposes described in subparagraph (i)  of  paragraph
  (b)  of  subdivision  three  of section two hundred eighty-two-a of this
  chapter who delivers Diesel motor fuel at a filling station  other  than
  for  the  sole  purpose  of  heating  such  station or into a repository
  equipped with a hose or other apparatus by which Diesel motor  fuel  can
  be  dispensed  into  the fuel tank of a motor vehicle, other than such a
  repository which is located on the premises of such registrant where the
  Diesel motor fuel delivered therein is used exclusively for the  purpose
  of  fueling  motor  vehicles  operated  by registrant for the purpose of
  distributing Diesel motor  fuel  for  the  purposes  described  in  such
  subparagraph  (i),  shall  be  guilty  of  a misdemeanor. If, within any
  ninety day period, any such  person  whose  registration  under  article
  twelve-A  of  this  chapter  applies  only  to the importation, sale and
  distribution  of  Diesel  motor  fuel  for  the  purposes  described  in
  subparagraph  (i)  of  paragraph (b) of subdivision three of section two
  hundred eighty-two-a of this chapter so unlawfully delivers a  total  of
  one  thousand  gallons  or  more  of  Diesel  motor fuel at such filling
  station or stations or  into  such  repository  or  repositories  (or  a
  combination  of both such filling stations and repositories), then, such
  person shall be guilty of a class E felony.
    (c) Any person who has twice been convicted under this  section  shall
  be  guilty  of  a  class  E  felony for any subsequent violation of this
  section, regardless of the amount of Diesel motor fuel involved in  such
  violation.  For  purposes  of  this section, the terms "enhancement" and
  "retail sale not in bulk" shall have the  same  meaning  they  have  for
  purposes of article twelve-A of this chapter.