NY Gen Bus L § 391-A (2021)
2021 New York Laws GBS - General Business Article 26 - Miscellaneous 391-A - Unlawful Acts Relating to Liquid Fuels, Lubricating Oils and Similar Products.

§  391-a. Unlawful acts relating to liquid fuels, lubricating oils and   similar products. Inasmuch as it  is  customary  for  manufacturers  and   distributors of liquid fuels, lubricating oils, and similar products, to   market  the  same under designated and generally known trade names, and,   by means of containers, tanks, pumps, and other distributing facilities,   bearing the name, trade name,  symbol,  sign,  or  other  distinguishing   marks,  of  identification,  of  such  manufacturer  or distributor; and   inasmuch as it is customary for such manufacturers and  distributors  to   furnish  or  loan,  on  nominal lease, to the dealers and others, tanks,   pumps, and other distributing equipment, for  the  safe  and  convenient   storage  and  sale  of  such products, and for the identification of the   products sold therefrom; and inasmuch as this method of  marking  liquid   fuels,  lubricating  oils,  and like products, affords protection to the   purchaser against sale of adulterated or inferior  products;  therefore,   any person who:1.  Shall  store, sell, expose for sale, or offer for sale, any liquid   fuels, lubricating oils,  or  other  similar  products,  in  any  manner   whatsoever,  so as to deceive or tend to deceive the purchaser as to the   nature, quality, and identity, of the product so  sold  or  offered  for   sale; or2.  Shall  store, keep, expose for sale, offer for sale, or sell, from   any tank or container, or from any pump, or other distributing device or   equipment, any other liquid fuels, lubricating oils,  or  other  similar   products, than those indicated by the name, trade name, symbol, sign, or   other   distinguishing   mark,   or   device,  of  the  manufacturer  or   distributor,  appearing  upon  the  tank,  container  pump,   or   other   distributing  equipment, from which the same are sold, offered for sale,   or distributed; or3. Shall disguise  or  camouflage  his  or  their  own  equipment,  by   imitating  the design, symbol, trade name, of the equipment, under which   recognized  brands  of  liquid  fuels,  lubricating  oils,  and  similar   products, are generally marketed; or4.  Shall  expose for sale, offer for sale, or sell, under any name in   general use, any liquid fuels, lubricating oils, or other like products,   except  those  manufactured  or  distributed  by  the  manufacturer   or   distributor  marketing  liquid  fuels,  lubricating  oils, or other like   products,  under  such  trade  name,  or  shall  substitute,   mix,   or   adulterate,  the  liquid  fuels,  lubricating  oils,  or  other  similar   products, sold, offered for  sale,  or  distributed,  under  such  trade   names; or5. Shall expose for sale, offer for sale, sell or store, in any manner   so  as  to  deceive  or  tend to deceive the purchaser as to the nature,   origin, quality, grade or identity of the product so sold or offered for   sale or shall sell, expose for sale, offer for sale, sell or  store,  in   any  manner  so  as  to  deceive or tend to deceive the purchaser of any   lubricating oil, lubricants, mixtures of lubricants, any part  of  which   had  been once used for lubrication purposes and subsequently reclaimed,   refined,  rerefined  or  reconditioned  without  clearly  indicating  or   setting  forth  such  fact  by means of the words "rerefined oil" on the   container pump or other distributing  device  used,  provided,  however,   that  the provisions of this subdivision shall not apply to sales of any   rerefined lubricating oils, lubricants or mixtures of  lubricants  which   conform  to performance standards as specified in the American Petroleum   Institute's engine service classifications; or6. Shall aid or assist any other person, association, or  corporation,   in  the  violation  of  the provisions of this section, by depositing or   delivering into any tank, receptacle,  or  other  container,  any  other   liquid fuels, lubricating oils, or like products, than those intended to    be stored therein and distributed therefrom, as indicated by the name of   the  manufacturer  or  distributor  or  the  trade  name  of the product   displayed on the container itself, or on the pump, or other distributing   device used in connection therewith, is guilty of a misdemeanor.The  provisions  of  this section shall not apply to any person acting   pursuant to a directive or in accordance with an  order  issued  by  the   governor  to  avert or alleviate shortages or disruptions of supplies of   liquid fuels, lubricating oils or similar products. Any  such  directive   or order may impose disclosure requirements deemed by the governor to be   in the public interest.