N.Y. General Business Law § 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.