N.Y. GBS Law § 308

§ 308. Retail sale and delivery of certain flammable liquids and\nkerosene. 1. Definition. As used in this section:\n "Flammable liquid" shall mean any liquid which has a flash point of\nseventy degrees Fahrenheit, or less, as determined by a Tagliabue or\nequivalent closed cup test device.\n 2. a. No person engaged in the retail sale of flammable liquids shall\ndeliver any such liquids from bulk storage into portable containers of\nfive gallons capacity or less unless the container is of sound metal or\nother unbreakable material construction, has a tight closure with\nscrewed or spring cover and is fitted with a spout or so designed that\nthe contents can be poured without spilling.\n b. No person shall carry a lighted cigar, cigarette or pipe, nor use a\nmatch or other open flame while he is dispensing flammable liquids at\nretail sale from bulk storage.\n 3. No person engaged in the retail sale of kerosene shall deliver any\nsuch liquid from bulk storage into portable containers of five gallons\ncapacity or less unless the container is of sound metal or other\nunbreakable material construction, has a tight closure with screwed or\nspring cover, is fitted with a spout or so designed that the contents\ncan be poured without spilling, and is clearly and conspicuously labeled\nas containing kerosene.\n 4. The provisions of this section shall not apply to the sale,\npurchase or delivery of bona fide commercial packs of household products\nsold in the original sealed container as put up for package, sale or\ndistribution by the manufacturer or packager, including but not limited\nto packs of medicinals, beverages or food.\n 5. The provisions of this section shall not apply in cities having a\npopulation of one million or more.\n 6. A violation of the provisions of this section shall be subject to a\ncivil penalty of not more than one hundred dollars for each violation.\n