N.Y. Education Law § 7126: Special provisions

§ 7126. Special provisions. 1. Eyeglasses or lenses for the correction

of vision or non-corrective contact lenses may be sold by any person,

firm or corporation at retail, only on prescription of a licensed

physician or licensed optometrist and only if a licensed physician,

optometrist or ophthalmic dispenser is in charge of and in personal

attendance at the place of sale. This article shall not apply to

binoculars, telescopes, or other lenses used for simple magnification;

except, that a seller of non-prescription ready-to-wear magnifying

spectacles or glasses shall have the following language attached to each

pair of glasses or spectacles displayed or offered for sale and in at

least ten point bold type permanently affixed in plain view to the top

of any point of sale display or, if there is no display, in the area of

sale: "ATTENTION; READY-TO-WEAR NON-PRESCRIPTION GLASSES ARE NOT

INTENDED TO REPLACE PRESCRIBED CORRECTIVE LENSES OR EXAMINATIONS BY AN

EYE CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPS ARE NECESSARY TO

DETERMINE YOUR EYE HEALTH STATUS AND VISION NEEDS." As used in this

subdivision, "non-prescription, ready to wear magnifying spectacles or

glasses" means spherical convex lenses, uniform in each meridian, which

are encased in eyeglass frames and intended to ameliorate the symptoms

of presbyopia. The lenses in such glasses shall be of uniform focus

power in each eye and shall not exceed 2.75 diopters.

2. It shall be a class A misdemeanor to practice any fraud, deceit or

misrepresentation in any advertising related to ophthalmic dispensing.