2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) 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; or
    2.  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; or
    3. 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; or
    4.  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; or
    5. 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; or
    6. 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.