N.Y. General Business Law § 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.