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 Jun. 22, 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‑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
395‑B
Unlawfully installing or maintaining a two-way mirror or other viewing device
396
Unlawful selling practices
396‑A
Representation by savings and loan association of insurance on accounts
396‑AA
Simulated check
396‑AA*2
Unsolicited telefacsimile advertising
396‑AAA
Public display of tobacco and electronic cigarette advertisements and smoking paraphernalia prohibited
396‑B
Advertisements
396‑BB
Sale of motor fuels to disabled persons
396‑C
Advertisements by persons engaged in dental business relating to dentures and bridges
396‑CC
Notification of enclosure requirements for swimming pools
396‑CC*2
Senior citizen discounts
396‑D
Advertisement and description of real property
396‑DD
Renting of horses
396‑E
Marking articles made of linen
396‑EE
Sale of certain weapons
396‑EEE
Unlawful sale or delivery of body armor
396‑F
Sale of blind made products
396‑G
Sale of products processed by the blind
396‑H
Fraudulent sale of poppies, forget-me-nots, daisies, flags and other articles sold for patriotic purposes
396‑HH
Sale of poppies, forget-me-nots, daisies, flags and other articles for patriotic purposes
396‑I
Acceptance of unexpired gift certificates
396‑J
Sale or possession of master or manipulative keys for motor vehicles
396‑K
Hazardous toys and other articles intended primarily for use by children
396‑K*2
Sale of certain motor vehicles damaged by the ravages of natural disaster
396‑KK
Sale of video game consoles
396‑L
Shopping carts
396‑M
Mail-order or telephone-order merchandise
396‑MM
Unlawful trial offers
396‑N
Sales with “money back guarantee” and with “limited guarantee”
396‑O
Sales by persons offering credits or refunds in certain cases
396‑P
Rates to be posted in taxicabs
396‑P*2
Contracts for the sale of new motor vehicles
396‑Q
New motor vehicles
396‑QQ
New and used motor vehicles
396‑R
Price gouging
396‑RR
Price gouging
396‑S
Individual sewage disposal system
396‑SS
Access number notification
396‑T
Unlawful practices relating to layaway plans
396‑TT
Listing of business location in directory or database
396‑U
Merchandise delivery
396‑V
Operation of public automated blood pressure machines
396‑W
Loitering for the purpose of soliciting passengers for transportation
396‑X
Gasoline stations
396‑X*2
Unauthorized removal or destruction of newspapers
396‑Y
Sale of certain personal property
396‑Z
Rental vehicle protections
397
Unlawful use of name or other identification of certain non-profit organizations
397‑A
Distributing unsolicited advertising on private property prohibited
397‑B
Digital billboards
398
Bills of lading to be issued by vessels transporting merchandise within the state
398‑A
Shipment of motor vehicles outside the continental United States
398‑B
Discrimination in car rentals prohibited
398‑C
Children attending roller skating rinks and indoor ice skating rinks under certain conditions
398‑D
Disposal of abandoned molds
398‑E
Indemnity provision in motor carrier transportation contracts
398‑F
Children’s non-regulated camp
399
Cigarette package labeling
399‑A
Pay toilets
399‑AA
Prohibition of the selling of fur, hair, skin or flesh of a dog or cat
399‑AAA
Selling and manufacturing of fur-bearing articles of clothing
399‑AAAA
Menstrual product labeling
399‑AAAAA
Selling of animal tested cosmetics
399‑B
Contracts for the use of the streets for hack stands
399‑BB
Certain dry cleaning institutions
399‑BBB
Solicitations by container
399‑C
Mandatory arbitration clauses in certain consumer contracts prohibited
399‑CC
Wireless telephone numbers
399‑CC*2
Transcripts and stenographic services
399‑CCC
Smoke detecting devices
399‑CCCC
Wireless telephone services
399‑D
Children attending public bowling alleys under certain conditions
399‑DD
Sale of alcohol vaporizing devices prohibited
399‑DD*2
Construction or installation of playground or playground equipment
399‑DD*3
Consumer communications records privacy
399‑DDD
Confidentiality of social security account number
399‑DDD*2
Disclosure of social security number
399‑E
Prohibition of the importation, manufacturing, distribution, or sale of yo-yo waterball toys
399‑E*2
Actions
399‑EE
Zone pricing of gasoline prohibited
399‑F
Laundromat refund procedures
399‑FF
Petting zoos
399‑GG
Packaging of electronic liquid
399‑H
Disposal of records containing personal identifying information
399‑I
Prohibit the sale of unsafe cribs and restrict use of such cribs in certain settings
399‑II
Furniture tip restraint device
399‑II*2
Prohibit the sale of crib bumper pads and restrict use of such pads in certain settings
399‑J
Safety standards
399‑K
Access to toilet facilities for utility workers
399‑M
Disclosures in advertisement and sale of unassembled goods
399‑N
Approval of electrical devices
399‑NN
Sale of digital electronic equipment
399‑O
Selling prices and container deposits
399‑OO
Deceptive solicitation of vehicle warranty policies
399‑P
Telemarketing
399‑PP
Telemarketing and consumer fraud and abuse prevention act
399‑Q
Use of carts, cases, trays, baskets, boxes and other containers
399‑QQ
Sale or promotional distribution of utility knives, box cutters, or box cart cutters
399‑R
Sale of paint pellet guns
399‑RR
September eleventh victim compensation fund and World Trade Center health program notification
399‑S
Posting of notice when air rifles or guns are sold
399‑T
Sale of certain chlorofluorocarbons and halons prohibited
399‑T*2
Vending machine disclosure
399‑U
Motor vehicle alarms
399‑V
Parking facilities
399‑W
Total loss notice and waiver of the gap amount for non-motor vehicle retail lease agreements
399‑W*2
Notice requirements for renters of personal property
399‑X
Towed motor vehicles
399‑XX
Towing of motor vehicles
399‑Y
Child safety devices for hot water dispensers
399‑Y‑1
Automated teller machines transaction denial
399‑Y*2
Automated teller machine fee disclosure
399‑YY
Cable television company providing telephone services
399‑YYY
Satellite television company providing television and/or telephone services
399‑Z
Telemarketing
399‑Z‑1
Telecommunication companies blocking certain numbers
399‑Z‑1*2
STIR/SHAKEN authentication framework
399‑ZZ
Telephone bills
399‑ZZZ
Prohibition of certain fee charges
399‑ZZZZ
Prohibition of certain fee charges for termination or early cancellation
399‑ZZZZZ
Broadband service for low-income consumers
399‑ZZZZZ*2
Use of preferred name and pronouns

Accessed:
Jun. 22, 2024

Last modified:
Sep. 22, 2014

§ 391-A’s source at nysenate​.gov

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