2014 New York Laws
GBS - General Business
Article 19 - (300 - 308) OIL AND DISTILLED SPIRITS
308 - Retail sale and delivery of certain flammable liquids and kerosene.

  308.  Retail  sale  and  delivery  of certain flammable liquids and
  kerosene. 1. Definition.  As used in this section:
"Flammable liquid" shall mean any liquid which has a  flash  point  of
  seventy  degrees  Fahrenheit,  or  less, as determined by a Tagliabue or
  equivalent closed cup test device.
2. a. No person engaged in the retail sale of flammable liquids  shall
  deliver  any  such liquids from bulk storage into portable containers of
  five gallons capacity or less unless the container is of sound metal  or
  other  unbreakable  material  construction,  has  a  tight  closure with
  screwed or spring cover and is fitted with a spout or so  designed  that
  the contents can be poured without spilling.
b. No person shall carry a lighted cigar, cigarette or pipe, nor use a
  match  or  other  open flame while he is dispensing flammable liquids at
  retail sale from bulk storage.
3. No person engaged in the retail sale of kerosene shall deliver  any
  such  liquid  from bulk storage into portable containers of five gallons
  capacity or less unless  the  container  is  of  sound  metal  or  other
  unbreakable  material  construction, has a tight closure with screwed or
  spring cover, is fitted with a spout or so designed  that  the  contents
  can be poured without spilling, and is clearly and conspicuously labeled
  as containing kerosene.
4.  The  provisions  of  this  section  shall  not  apply to the sale,
  purchase or delivery of bona fide commercial packs of household products
  sold in the original sealed container as put up  for  package,  sale  or
  distribution  by the manufacturer or packager, including but not limited
  to packs of medicinals, beverages or food.
5. The provisions of this section shall not apply in cities  having  a
  population of one million or more.
6. A violation of the provisions of this section shall be subject to a
  civil penalty of not more than one hundred dollars for each violation.