N.Y. Education Law § 6818-a: Cosmetic samples

§ 6818-a. Cosmetic samples. 1. No person engaged in the business of

selling cosmetics shall provide for the use by or application to

customers of any cosmetics, except for use or application to the hand or

arm as a sample if such immediate container of cosmetics is to be used

by or applied to more than one customer. For the purposes of this

section, the term "cosmetic" shall not include perfume or cologne; or

samples removed from the immediate container with a single use

disposable applicator furnished to each customer; or samples dispensed

from a tube, pump, spray or shaker container; or samples or applicators

that have been cleansed before each use or application. The provisions

of this section shall be deemed to have been satisfied if written

instructions on the use or application of cosmetic samples pursuant to

this section are clearly and visibly posted at or near the place of

display of cosmetic samples. Nothing contained in this section shall

prohibit the use or application of cosmetic samples by persons trained

to apply cosmetics to customers in accordance with the provisions of

this section.

2. Notwithstanding any other provision of this article, a violation of

this section shall result in a civil penalty of one hundred dollars for

the first offense and a civil penalty of two hundred fifty dollars for a

second or subsequent offense.