Sec. 239-3.1. Performance standards for portable fuel containers and spill-proof spouts

(a) Except as provided in Subpart 239-4 of this Part and subdivision (c) of this section, no person shall import, sell, supply, advertise for sale, offer for sale, or manufacture for sale in the State of New York on or after September 1, 2009, any portable fuel container, spout, or both fuel container and spout which does not comply with 40 CFR section 59.653 (see Table 1, section 200.9 of this Title).

(b) Compliance with this section does not exempt spill-proof systems or spill-proof spouts from compliance with other applicable Federal and State statutes and regulations such as State fire codes, safety codes, and other safety regulations.

(c) Notwithstanding the provisions of this Subpart, a portable fuel container, spout, or both portable fuel container and spout manufactured before January 1, 2009, may be sold, supplied, or offered for sale at any time prior to January 1, 2010, if:

(1) it is clearly marked or labeled with the date of manufacture or date code representing the date of manufacture; and

(2) it could be lawfully sold, supplied or offered for sale as of December 31, 2008.