Title 10, Chapter 1, Section 162
( 10-1-162)
(a) As used in this Code section and in Code Section 10-1-163, the term "person" means natural persons; partnerships, firms, associations, joint-stock companies, syndicates, and corporations; any receiver, trustee, conservator, or other officer appointed by any state or federal court; counties, municipalities, or other political subdivisions of this state, singular or plural; and the State of Georgia. The use of the singular number shall include the plural number. (b) No person shall store, sell, expose, or offer for sale any
liquid fuels, lubricating oils, greases, or other similar products: (1) In or from any container, receptacle, tank, pump, or other
distributing device other than those products manufactured or
distributed by the manufacturer or distributor indicated by the
trademark, trade name, name, symbol, sign, or other distinguishing
mark or device displayed upon the container, receptacle, tank,
pump, or other distributing device in or from which such products
are stored, sold, exposed, or offered for sale or distributed; or (2) Under any trademark, trade name, name, symbol, sign, or other
distinguishing mark or device other than those products
manufactured or distributed by the manufacturer or distributor
marketing such products under such trademark, trade name, name,
symbol, sign, or other distinguishing mark or device; or (3) In any manner whatsoever which may deceive or have the effect
of deceiving the purchaser of such products as to the nature,
price, quality, or quantity of the products so stored, sold,
exposed, or offered for sale. (c) No person shall store, sell, expose, or offer for sale any
previously used or previously used and reclaimed, recleaned, or
reconditioned lubricating oils, lubricants, or mixtures of
lubricants unless such person shall at all times have each and every
container or item of equipment in or through which any of such
products are sold, kept for sale, displayed, or dispensed plainly
labeled "reprocessed or rerefined." No person shall cause to be
published, displayed, or circulated any advertising matter offering
for sale any previously used or previously used and reclaimed, used,
recleaned, or reconditioned lubricating oils, lubricants, or
mixtures of lubricants unless he shall state in such advertising the
fact that such products have been previously used. Nothing in this
Code section shall apply to the sale of unfiltered crankcase
drainings, and nothing in this Code section shall apply to the sale
of crankcase drainings for use on livestock. (d) Any person dealing in previously used or previously used and
reclaimed, recleaned, or reconditioned lubricating oils, lubricants,
or mixtures of lubricants without having each and every container or
item of equipment in or through which any of such products are sold,
kept for sale, displayed, or dispensed plainly labeled as required
in this Code section or advertising any of such products for sale
without inserting in such advertising a statement as required in
this Code section may upon proper hearing be enjoined from selling
any of such products or offering, displaying, or advertising any of
the same for sale. Action for such injunction may be brought in any
court having jurisdiction to hear and decide equity cases in the
county in which the defendant resides and may be brought either by
the Attorney General of this state or by the district attorney in
and for such county. The authority granted by this Code section
shall be in addition to and not in lieu of authority to prosecute
criminally any person for a violation of this Code section. The
granting or enforcing of any injunction under this Code section is a
preventive measure for the protection of the people of this state,
not a punitive measure; and the fact that a person has been charged
or convicted of a violation of this Code section shall not prevent
the issuance of a writ of injunction to prevent further unlawful
dealing in previously used or previously used and reclaimed,
recleaned, or reconditioned lubricating oils, lubricants, or
mixtures of lubricants, nor shall the fact that a writ of injunction
has been granted under this Code section preclude the institution of
criminal prosecution or punishment. (e) No person shall disguise or camouflage his equipment by
imitating the trademark, trade name, name, symbol, sign, or other
distinguishing mark or device under which recognized brands of
liquid fuels, lubricating oils, greases, or other similar products
are generally marketed. (f) No person shall mix, blend, or compound the liquid fuels,
lubricating oils, greases, or similar products of a manufacturer or
distributor with the products of any other manufacturer or
distributor or adulterate the same or store, sell, expose, or offer
for sale such mixed, blended, or compounded products under the
trademark, trade name, name, symbol, sign, or other distinguishing
mark or device of either of said manufacturer or distributor or as
the adulterated products of such manufacturer or distributor. (g) No person shall aid or assist any other person in violating any
of the provisions of this Code section by depositing or delivering
into any container, receptacle, tank, pump, or other distributing
device any liquid fuels, lubricating oils, greases, or other similar
products other than those intended to be stored therein as indicated
by the name of the manufacturer or distributor or the trademark,
trade name, name, symbol, sign, or other distinguishing mark or
device of the product displayed on the container, receptacle, tank,
pump, or other distributing device used in connection therewith or
shall by any other means aid or assist another in the violation of
any of the provisions of this Code section. (h) Nothing in this Code section shall prevent the lawful owner
thereof from applying his or its own trademark, trade name, name,
symbol, sign, or other distinguishing mark or device to any product
or material. (i) The state oil chemist and all law enforcement officers in the
State of Georgia are charged with the enforcement of this Code
section. |