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This entry was published on 2014-09-22
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SECTION 391-A
Unlawful acts relating to liquid fuels, lubricating oils and similar products
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 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.