N.Y. General Business Law Section 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.

Source: Section 391-A — Unlawful acts relating to liquid fuels, lubricating oils and similar products, https://www.­nysenate.­gov/legislation/laws/GBS/391-A (updated Sep. 22, 2014; accessed Oct. 26, 2024).

390
Substitution of spurious oils for internal combustion engines 390‑A
Optical discs 390‑B
Anti-phishing act of 2006 390‑BB
Cramming prohibited 390‑C
Prohibit persons under eighteen years of age in certain facilities 390‑C*2
Posting of warnings by commercial entities offering internet access to the public 390‑D
Information concerning services for human trafficking victims in facilities at truck stops 390‑E
Unauthorized installation of certain security devices prohibited 390‑E*2
Skimming awareness notice 391
Marking retreaded, recapped or recut tires 391‑A
Unlawful acts relating to liquid fuels, lubricating oils and similar products 391‑B
Prohibit any sale of dangerous clothing articles 391‑C
Sale of bicycles 391‑CC
Sale of micromobility devices, bicycles with electric assist and limited use motorcycles powered by lithium-ion batteries, and lithium-io... 391‑CC*2
Sale of bicycles with electric assist and micromobility devices 391‑D
Sale of matchbooks 391‑E
Promotion of camps by certain organizations 391‑F
Promotion of private schools by certain organizations 391‑G
Rental of motor vehicles 391‑H
Lubricating oils 391‑I
Sale of urea-formaldehyde foam insulation 391‑J
Sale of fire extinguishers 391‑JJ
Sale of electric space heaters 391‑K
Automatic garage door opening systems 391‑L
Personal emergency response service agreements 391‑L*2
Rental of motor vehicles 391‑M
Manufacture and sale of in-line skates 391‑N
Sale of reptiles 391‑OO
Sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building 391‑P
Prohibit the rental of clothing articles previously worn 391‑Q
Rebates 391‑S
Sale and distribution of novelty lighters prohibited 391‑T
Sale of small animals 391‑U
Pricing goods and services on the basis of gender prohibited 391‑U*2
Restrictions on the sale and use of firefighting equipment containing PFAS chemicals 391‑V
Third-party food delivery agreements 392
Second-hand watches 392‑A
Sale of new computers 392‑B
False labels and misrepresentations 392‑C
Obliteration of marks of origin 392‑D
Using false marks as to manufacture 392‑E
Using false statements or altering mileage registering devices 392‑F
Taximeters 392‑G
Sale of ultraviolet radiation devices 392‑H
Trash receptacles 392‑I
Prices reduced to reflect change in sales tax computation 392‑J
Sales of sparkling devices 393
Lime 393‑A
Non fire rated wood paneling 393‑B
Written solicitation 393‑C
Sale of required labor postings 393‑D
Sale of certified copies of property deeds 393‑E
Sale of abandoned property location services 393‑F
Voluntary third-party notification 394
Lost or destroyed certificate of stock 394‑A
Proof of lost negotiable paper 394‑B
Limitations on certain contracts for instruction or use of physical or social training facilities 394‑C
Limitations on certain contracts involving social referral services 394‑CC
Internet dating safety 394‑CCC
Social media networks 394‑D
Privity of contract between franchise seller and customer or patron of dealer 394‑E
Report on request for abortional services 394‑F
Warrants for reproductive health related electronic data 395
Required disclosure of prior use 395‑A
Maintenance agreements
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 391-A’s source at nysenate​.gov

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