N.Y. General Business Law § 392-a: Sale of new computers

§ 392-a. Sale of new computers. 1. As used in this section, the

following terms have the following meanings:

(a) "Computer" means an electronic machine that performs high speed

mathematical or logical calculations or that assembles, stores,

correlates, or otherwise processes and outputs information derived from

coded data in accordance with a predetermined program;

(b) "Computer accessory" means keyboards, monitors, printers, mouses,

or other hardware attachments to a computer; and

(c) "Consumer" means any purchaser of a computer or computer accessory

primarily for personal or home business use.

2. No person, firm, partnership, association, limited liability

company, corporation, or other entity shall use remanufactured, rebuilt,

or recycled parts in the manufacture for sale or distribution in this

state of a new computer or any new computer accessory to a consumer at

retail, unless (1) such computer or computer accessory contains a clear

and conspicuous label in accordance with subdivision three of this

section; or (2) the manufacturer otherwise provides to the consumer,

prior to purchase, clear and conspicuous notice that the product

contains rebuilt, remanufactured or recycled components.

3. The label required pursuant to subdivision two of this section

shall: (a) indicate that such computer or computer accessory may

contain remanufactured, rebuilt, or recycled parts; and

(b) be displayed by sticker or tag affixed to the computer or computer

accessory or its protective packaging or wrapping, or if such computer

or computer accessory is in a box, such label shall be printed or

displayed by sticker or tag affixed to the outside of such box.

4. Whenever there shall be a violation of this section, an application

may be made by the attorney general in the name of the people of the

state of New York to a court or justice having jurisdiction by a special

proceeding to issue an injunction, and upon notice to the defendant of

not less than five days, to enjoin and restrain the continuance of such

violation; and if it shall appear to the satisfaction of the court or

justice that the defendant has, in fact, violated this section, an

injunction may be issued by the court or justice, enjoining and

restraining any further violations, without requiring proof that any

person has, in fact, been injured or damaged thereby. In any such

proceeding, the court may make allowances to the attorney general as

provided in paragraph six of subdivision (a) of section eighty-three

hundred three of the civil practice law and rules, and direct

restitution. If the court in such a special proceeding determines that a

violation of this section has occurred, the court may impose a civil

penalty of not more than five hundred dollars for each violation. In

connection with any such proposed application, the attorney general is

authorized to take proof and make a determination of the relevant facts

and to issue subpoenas in accordance with the civil practice law and

rules.