N.Y. GBS Law § 391-A — New York Code / Act GBS / Article 26 / Section 391-A
Unlawful acts relating to liquid fuels, lubricating oils and similar products
Status: in_force

§ 391-a. Unlawful acts relating to liquid fuels, lubricating oils and\nsimilar products. Inasmuch as it is customary for manufacturers and\ndistributors of liquid fuels, lubricating oils, and similar products, to\nmarket the same under designated and generally known trade names, and,\nby means of containers, tanks, pumps, and other distributing facilities,\nbearing the name, trade name, symbol, sign, or other distinguishing\nmarks, of identification, of such manufacturer or distributor; and\ninasmuch as it is customary for such manufacturers and distributors to\nfurnish or loan, on nominal lease, to the dealers and others, tanks,\npumps, and other distributing equipment, for the safe and convenient\nstorage and sale of such products, and for the identification of the\nproducts sold therefrom; and inasmuch as this method of marking liquid\nfuels, lubricating oils, and like products, affords protection to the\npurchaser against sale of adulterated or inferior products; therefore,\nany person who:\n  1. Shall store, sell, expose for sale, or offer for sale, any liquid\nfuels, lubricating oils, or other similar products, in any manner\nwhatsoever, so as to deceive or tend to deceive the purchaser as to the\nnature, quality, and identity, of the product so sold or offered for\nsale; or\n  2. Shall store, keep, expose for sale, offer for sale, or sell, from\nany tank or container, or from any pump, or other distributing device or\nequipment, any other liquid fuels, lubricating oils, or other similar\nproducts, than those indicated by the name, trade name, symbol, sign, or\nother distinguishing mark, or device, of the manufacturer or\ndistributor, appearing upon the tank, container pump, or other\ndistributing equipment, from which the same are sold, offered for sale,\nor distributed; or\n  3. Shall disguise or camouflage his or their own equipment, by\nimitating the design, symbol, trade name, of the equipment, under which\nrecognized brands of liquid fuels, lubricating oils, and similar\nproducts, are generally marketed; or\n  4. Shall expose for sale, offer for sale, or sell, under any name in\ngeneral use, any liquid fuels, lubricating oils, or other like products,\nexcept those manufactured or distributed by the manufacturer or\ndistributor marketing liquid fuels, lubricating oils, or other like\nproducts, under such trade name, or shall substitute, mix, or\nadulterate, the liquid fuels, lubricating oils, or other similar\nproducts, sold, offered for sale, or distributed, under such trade\nnames; or\n  5. Shall expose for sale, offer for sale, sell or store, in any manner\nso as to deceive or tend to deceive the purchaser as to the nature,\norigin, quality, grade or identity of the product so sold or offered for\nsale or shall sell, expose for sale, offer for sale, sell or store, in\nany manner so as to deceive or tend to deceive the purchaser of any\nlubricating oil, lubricants, mixtures of lubricants, any part of which\nhad been once used for lubrication purposes and subsequently reclaimed,\nrefined, rerefined or reconditioned without clearly indicating or\nsetting forth such fact by means of the words "rerefined oil" on the\ncontainer pump or other distributing device used, provided, however,\nthat the provisions of this subdivision shall not apply to sales of any\nrerefined lubricating oils, lubricants or mixtures of lubricants which\nconform to performance standards as specified in the American Petroleum\nInstitute's engine service classifications; or\n  6. Shall aid or assist any other person, association, or corporation,\nin the violation of the provisions of this section, by depositing or\ndelivering into any tank, receptacle, or other container, any other\nliquid fuels, lubricating oils, or like products, than those intended to\nbe stored therein and distributed therefrom, as indicated by the name of\nthe manufacturer or distributor or the trade name of the product\ndisplayed on the container itself, or on the pump, or other distributing\ndevice used in connection therewith, is guilty of a misdemeanor.\n  The provisions of this section shall not apply to any person acting\npursuant to a directive or in accordance with an order issued by the\ngovernor to avert or alleviate shortages or disruptions of supplies of\nliquid fuels, lubricating oils or similar products. Any such directive\nor order may impose disclosure requirements deemed by the governor to be\nin the public interest.\n