reglab/statecodes huggingface dataset:
2023 New York Laws › GBS - General Business › Article 37-A - Registration of Hearing Aid Dispensers › 797 - Fees.

§  797.  Fees.  The  secretary  shall receive the following fees to be
deposited into a special revenue fund - other entitled the "hearing  aid
dispensers account" for the implementation, operation and enforcement of
this article:
1. a nonrefundable fee of fifty dollars from each person who takes the
required examination or any component thereof pursuant to this article;
2.  for  an  individual certificate of registration, one hundred fifty
dollars and for the renewal of such registration, one hundred dollars;
3. for a business certificate of registration and renewal thereof:
(a) for a business certificate  of  registration  for  each  permanent
business  location with ten or less employees, one hundred fifty dollars
and for the renewal of such registration, one hundred dollars;
(b) for a business certificate  of  registration  for  each  permanent
business  location with more than ten employees, two hundred dollars and
for the renewal of such registration, one hundred fifty dollars;
4. for a temporary certificate of registration, thirty dollars and for
the renewal of such registration, thirty dollars;
5. for filing a change of business address or change of  name  of  the
registrant whether individual or business, ten dollars;
6. for a duplicate certificate of registration, ten dollars;
7. except fees associated with a temporary certificate of registration
the  fees set forth shall be those for registrations issued for a period
of two years; and
8. employees of a not-for-profit corporation doing  business  in  this
state  who are required to register pursuant to this article who are not
otherwise engaged in the dispensing of hearing aids for profit shall  be
exempt from payment of the registration fee required by this section.
2023 New York Laws › GBS - General Business › Article 37-A - Registration of Hearing Aid Dispensers › 801 - Judicial Review.

§  801.  Judicial  review.  The  action of the secretary pursuant to a
  hearing in refusing to grant or to renew a certificate  of  registration
  or  a  temporary  certificate of registration, in revoking or suspending
  such registration or imposing a  civil  penalty,  shall  be  subject  to
  review   by  the  supreme  court  in  the  manner  provided  in  article
  seventy-eight of the civil practice law and rules.
2023 New York Laws › GBS - General Business › Article 37-A - Registration of Hearing Aid Dispensers › 802 - Special Provisions; Not-for-Profit Sales.

§    802.    Special   provisions;   not-for-profit   sales.   1.   No
  otolaryngologist or other licensed physician who has conducted a medical
  evaluation of hearing loss shall engage in the  business  of  dispensing
  hearing  aids  for  a  profit.  No  otolaryngologist  or  other licensed
  physician who has dispensed a  hearing  aid  shall  refuse  or  fail  to
  perform repairs or service on any hearing aid that they have dispensed.
2.  Every  licensed physician who engages in the dispensing of hearing
  aids in compliance with the provisions of this section shall be required
  to  comply  with  sections  seven  hundred  ninety-one,  seven   hundred
  ninety-eight  and  eight  hundred  three of this article, in addition to
  compliance with this section.
2023 New York Laws › GBS - General Business › Article 37-A - Registration of Hearing Aid Dispensers › 805 - Separability.

§ 805. Separability. If any section or provision of this article shall
  be  adjudged  by  any  court  of competent jurisdiction to be invalid or
  inapplicable to any person or situation, such judgment shall not affect,
  impair or invalidate any other section or provision of this  article  or
  the applicability of such section or provision to other persons or other
  situations.
2023 New York Laws › GBS - General Business › Article 38 - Vessel Dealer Agreements › 810 - Definitions.

§ 810. Definitions. For the purposes of this article:
1.  "Dealer"  shall  mean  any  person who (a) engages, in whole or in
  part, in the business of buying,  selling,  leasing,  exchanging  and/or
  repairing  new and unused vessels and/or used vessels, or new and unused
  and/or used inboard engines, inboard/outdrives or  outboard  motors  for
  vessels,  and  (b)  has  an  established place of business for the sale,
  lease,  trade,  repair  and/or  display  of  vessels,  inboard  engines,
  inboard/outdrives or outboard motors.
2.  "Distributor"  shall mean any person who offers for sale, sells or
  distributes one or more brands of new vessels to any new vessel  dealer,
  and  who maintains a factory representative or who controls a person who
  offers for sale, sells or distributes one or more brands of new  vessels
  to any new vessel dealer.
3.  "Established  place of business" shall mean a permanent commercial
  building at which the business of a  new  vessel  dealer  is  conducted,
  including the display and repair of vessels.
4.  "Factory  representative"  shall  mean  an  agent or employee of a
  manufacturer or distributor who is retained or employed for the  purpose
  of selling or promoting the sale of new vessels to new vessel dealers or
  prospective new vessel dealers.
5.  "Manufacturer"  shall  mean  any person engaged in the business of
  manufacturing or importing  new  and  unused  vessels,  new  and  unused
  inboard  engines, inboard/outdrives, outboard motors, or component parts
  and accessories therefor.
6. "Vessel" shall mean every description of watercraft,  including  an
  iceboat,  used  or capable of being used as a means of transportation on
  water or ice, and shall include the hull, motor/engine, component parts,
  spars, sails and accessories of such watercraft; provided, however, that
  personal watercraft and dealers of  personal  watercraft  shall  not  be
  subject  to the provisions of this article when such dealers are subject
  to the provisions of article seventeen-A of the vehicle and traffic law,
  as added by chapter eight  hundred  fifteen  of  the  laws  of  nineteen
  hundred eighty-three.
2023 New York Laws › GBS - General Business › Article 38 - Vessel Dealer Agreements › 811 - Repurchase of Vessels and Parts.

§  811.  Repurchase  of  vessels  and  parts.  Upon  the  termination,
  cancellation or non-renewal of any dealer agreement, except as otherwise
  provided in subdivision one of section  eight  hundred  twelve  of  this
  article,  by  a manufacturer or distributor pursuant to this article the
  new vessel dealer shall be  paid  the  dealer  invoice  price  plus  any
  shipping costs paid by such dealer for:
1.  new  current  and  previous  model  year vessels and motors in the
  dealer's  inventory  which  were  purchased  from  the  manufacturer  or
  distributor,  within  twelve months of the delivery date for each vessel
  and motor, and which are unused, and not materially damaged  or  altered
  while  in  the  dealer's  possession,  and to which the dealer has clear
  title and is in position to convey such title  to  the  manufacturer  or
  distributor;
2.   unused  parts  which  were  required  from  the  manufacturer  or
  distributor and which are  listed  on  the  current  parts  price  sheet
  available to the dealer;
3.   equipment   and   furnishings  required  from  the  manufacturer,
  distributor, or one of  the  manufacturer's  or  distributor's  approved
  services; and
4.  special tools that are only usable on the specific brand of vessel
  or engine  offered  by  the  manufacturer  or  distributor  terminating,
  canceling or nonrenewing a dealer agreement.
2023 New York Laws › GBS - General Business › Article 38 - Vessel Dealer Agreements › 814 - Arbitration.

§  814.  Arbitration.  A  cause of action to enforce the provisions of
  this article may be commenced in any court having jurisdiction over such
  action or may be resolved through arbitration  pursuant  to  arbitration
  standards  recognized  by  the  American  Arbitration Association. Every
  arbitration conducted pursuant to this article  shall  be  conducted  in
  this state.
2023 New York Laws › GBS - General Business › Article 38 - Vessel Dealer Agreements › 815 - Penalties.

§  815.  Penalties.  1.  Any manufacturer or distributor found to have
  violated any provision of section eight hundred thirteen of this article
  shall be liable to the dealer for all  reimbursement  required  by  such
  section  and  interest thereon at a rate of prime plus three percent per
  annum that such amount was due and owing pursuant to such section.
2. Every manufacturer  or  distributor  found  to  have  violated  any
  provision  of  this  article  shall  be  liable  to  the  dealer for any
  financial injury or other damage suffered by such dealer as a result  of
  such violation, and court costs and reasonable attorney's fees.
3.  Any  dealer  found  to have violated any provision of this article
  shall be liable to the manufacturer or  distributor  for  any  financial
  injury or other damage suffered by such manufacturer or distributor as a
  result of the violation, and court costs and reasonable attorneys' fees.
4. The provisions of this article shall be in addition to any legal or
  equitable  right  that  any party has pursuant to any other provision of
  law or pursuant to any agreement between the parties.
2023 New York Laws › GBS - General Business › Article 38-A - Sale of Outdated Over-the-Counter Drugs › 820 - Unlawful Practices.

§ 820. Unlawful practices. It shall be unlawful for any retailer:
1. to knowingly sell or offer for sale, any drug sold over-the-counter
  without  the need of a prescription, later than the date, if any, marked
  upon the label as indicative of  the  date  beyond  which  the  contents
  cannot  be  expected  beyond  reasonable doubt to be safe and effective;
  provided, however, that when such drug is identified as an outdated drug
  by segregation from regular stock or by other means, the holding of such
  drug beyond its expiration date shall not be deemed a violation of  this
  section.  When  the  expiration date is expressed by month and year, the
  expiration date shall be the last day of the month indicated; or
2. to knowingly alter, mutilate,  destroy,  obliterate  or  remove  by
  means  of  a  price  sticker  or  otherwise the whole or any part of the
  expiration  date  displayed  on  the   label   or   packaging   of   any
  over-the-counter drug.
2023 New York Laws › GBS - General Business › Article 38-A - Sale of Outdated Over-the-Counter Drugs › 821 - Enforcement and Penalties.

§  821.  Enforcement  and  penalties.  1.  Whenever  there  shall be a
  violation of this article, 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 to enjoin and restrain the continuance  of  such  violations;
  and  if it shall appear to the satisfaction of the court or justice that
  the defendant has, in fact, violated this article, an injunction may  be
  issued  by  such  court or justice enjoining and restraining any further
  violation, 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. Whenever the court shall
  determine that a violation of this article has occurred  the  court  may
  impose  a  civil  penalty of not more than five hundred dollars for each
  violation. For the purposes of this  section  each  group  of  identical
  items  shall  constitute a single 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.
2.  Before any violation of this article is sought to be enjoined, the
  attorney general shall be required to give the person against whom  such
  proceeding  is  contemplated notice by certified mail and an opportunity
  to show in writing within five business days after receipt of notice why
  proceedings should not be instituted against him,  unless  the  attorney
  general  shall  find,  in any case in which he seeks preliminary relief,
  that to give such notice and opportunity is not in the public interest.
3. In any such action it shall be a complete defense that the  act  or
  practice  is,  or  if  in  interstate  commerce would be, subject to and
  complies  with  the  rules  and  regulations  of,   and   the   statutes
  administered  by,  the  federal  food  and  drug  administration  or any
  official department, division, commission or agency of the United States
  as such rules, regulations or statutes are interpreted  by  the  federal
  food and drug administration or such department, division, commission or
  agency or the federal courts.
2023 New York Laws › GBS - General Business › Article 38-B - Products Sold for Human Consumption › 830 - Sale of Sodium Nitrate and Sodium Nitrite.

§  830.  Sale  of  sodium  nitrate  and  sodium nitrite. 1. No person,
  corporation, partnership, limited liability company, firm or  any  other
  business entity doing business within this state shall sell or offer for
  sale  sodium  nitrate  or  sodium nitrite to any person under the age of
  twenty-one. This restriction shall not apply to foods containing  sodium
  nitrate  or  sodium nitrite in compliance with the requirements of 9 CFR
  Part 424 or 21 CFR Part 172.
2. Any person, corporation, partnership,  limited  liability  company,
  firm,  or  any  other  business  entity  doing business within the state
  selling, offering for sale, or distributing  sodium  nitrate  or  sodium
  nitrite,  except  as permitted by subdivision one of this section, shall
  require proof of legal age prior to allowing an individual  to  purchase
  or  receive  a  shipment  of  sodium  nitrate  or  sodium  nitrite. Such
  identification need not be required of  any  individual  who  reasonably
  appears to be at least thirty years of age, provided, however, that such
  appearance shall not constitute a defense in any proceeding alleging the
  sale  or  distribution  of  sodium  nitrate  or  sodium  nitrite  to  an
  individual under twenty-one years of age.
3. Any person, corporation, partnership,  limited  liability  company,
  firm  or  any other business entity that violates the provisions of this
  section shall be subject to a civil penalty of not more than two hundred
  fifty dollars for an initial offense and  not  more  than  five  hundred
  dollars  for  the  second  and  each  subsequent  offense, provided this
  section shall not be construed to limit  any  other  criminal  or  civil
  liability  such  person,  corporation,  partnership,  limited  liability
  company, firm or other business entity may be subject to under law.
2023 New York Laws › GBS - General Business › Article 38-B - Products Sold for Human Consumption › 832 - Restricted Access to Retail Sale of Ipecac.

§  832.  Restricted  access  to  retail  sale of ipecac. 1. Any retail
  establishment that sells any product or products containing as the  only
  active  ingredient  ipecac,  shall  limit  access  to such products in a
  manner designed to prevent the misuse or abuse of  such  products.  Such
  limitations  shall include removing such products from shelves and other
  locations that are directly accessible by customers,  and  placing  such
  products  behind a pharmacy counter so that a consumer must request such
  products in order to obtain such products from an  employee  working  in
  the  pharmacy.  If the retail establishment wishes to sell such products
  but does not maintain a pharmacy at that retail location, such  products
  shall  be  made secure such that they may only be accessed by a manager,
  assistant manager, acting manager or other supervisory personnel at such
  location.
2. As used in this section "retail establishment" means  every  vendor
  that  in the regular course of business sells products containing ipecac
  at retail  directly  to  the  public  including,  but  not  limited  to,
  pharmacies, grocery stores, and other retail stores.
2023 New York Laws › GBS - General Business › Article 38-B - Products Sold for Human Consumption › 833 - Restricted Access to Retail Sale of Dextromethorphan, Commonly Known as "Dxm".

§  833. Restricted access to retail sale of dextromethorphan, commonly
  known as "dxm". 1. No retail establishment offering for sale any product
  or products containing as an active ingredient  dextromethorphan,  shall
  permit  the  sale  of such products to persons under the age of eighteen
  without a valid prescription. Retail establishments shall require  proof
  of legal age for purchase of such products. Such identification need not
  be  required  of  any  individual  who reasonably appears to be at least
  twenty-five years of age, provided, however, that such appearance  shall
  not  constitute  a  defense  in  any proceeding alleging the sale of any
  product or products containing as an active ingredient  dextromethorphan
  to  an  individual under eighteen years of age. Any retail establishment
  which violates the provisions of this section shall be subject to a fine
  of two hundred fifty dollars for each such violation.
2. As used in this section "retail establishment" means  every  vendor
  that  in  the  regular  course  of  business  sells  products containing
  dextromethorphan at retail directly to the  public  including,  but  not
  limited to, pharmacies, grocery stores, and other retail stores.
3.   This  section  shall  supersede  any  local  laws  or  ordinances
  regulating the sales of products containing dextromethorphan.
* NB There are 2 § 391-s's
2023 New York Laws › GBS - General Business › Article 38-B - Products Sold for Human Consumption › 834 - Sale of Whipped Cream Chargers.

§  834.  Sale  of  whipped  cream  chargers.  1.  For purposes of this
  section, the term "whipped cream charger" shall mean a steel cylinder or
  cartridge filled with nitrous oxide (N2O) that is  used  as  a  whipping
  agent in a whipped cream dispenser.
2.  No  person,  corporation,  partnership, limited liability company,
  firm or any other business entity doing business within this state shall
  sell or offer for sale a whipped cream charger to any person  under  the
  age of twenty-one.
3.  Any  person,  corporation, partnership, limited liability company,
  firm, or other business entity doing business within the state  selling,
  offering  for sale, or distributing whipped cream chargers shall require
  proof of legal age prior  to  allowing  an  individual  to  purchase  or
  receive  a  shipment of whipped cream chargers. Such identification need
  not be required of any individual who reasonably appears to be at  least
  twenty-five  years of age, provided, however, that such appearance shall
  not constitute  a  defense  in  any  proceeding  alleging  the  sale  or
  distribution of whipped cream chargers to an individual under twenty-one
  years of age.
4.  Any  person,  corporation, partnership, limited liability company,
  firm or any other business entity that violates the provisions  of  this
  section shall be subject to a civil penalty of not more than two hundred
  fifty  dollars  for  an  initial  offense and not more than five hundred
  dollars for the second and each subsequent offense.
2023 New York Laws › GBS - General Business › Article 39 - Drug-Related Paraphernalia › 850 - Definitions.

§  850.  Definitions.  As  used  in  this  article, unless the context
clearly requires otherwise, the following words or terms shall have  the
following meanings:
1.  "Controlled  substance"  shall have the same meaning as defined in
section three thousand three hundred two of the public health law.
2. (a) "Drug-related paraphernalia" consists of the following  objects
used for the following purposes:
(i)  Kits,  used or designed for the purpose of planting, propagating,
cultivating, growing or harvesting of any species of plant  which  is  a
controlled  substance  or  from  which  a  controlled  substance  can be
derived;
(ii)  Kits,  used  or  designed  for  the  purpose  of  manufacturing,
compounding, converting, producing, or preparing controlled substances;
(iii)  Isomerization  devices,  used  or  designed  for the purpose of
increasing the potency of any species of plant  which  is  a  controlled
substance;
(iv) Scales and balances, used or designed for the purpose of weighing
or measuring controlled substances;
(v)  Diluents  and  adulterants,  including but not limited to quinine
hydrochloride, mannitol, mannite, dextrose and lactose, used or designed
for the purpose of cutting controlled substances;
(vi) and
(vii)  Objects,  used  or  designed  for  the  purpose  of  ingesting,
inhaling, or otherwise introducing cocaine into the human body.
(b) "Drug-related paraphernalia" shall not include hypodermic needles,
hypodermic   syringes   and  other  objects  used  for  the  purpose  of
parenterally injecting controlled substances into the human body.
2023 New York Laws › GBS - General Business › Article 39 - Drug-Related Paraphernalia › 851 - Possession and Sale of Drug-Related Paraphernalia.

§  851. Possession and sale of drug-related paraphernalia. It shall be
  a violation of this article for  any  person,  firm  or  corporation  to
  possess  with  intent  to sell, offer for sale, or purchase drug-related
  paraphernalia  under   circumstances   evincing   knowledge   that   the
  paraphernalia  is  possessed,  sold  or purchased for one or more of the
  drug-related purposes stated in subdivision two of section eight hundred
  fifty of this article.
2023 New York Laws › GBS - General Business › Article 39 - Drug-Related Paraphernalia › 851-A - Manufacture of Drug-Related Paraphernalia.

§  851-a.  Manufacture of drug-related paraphernalia. Any person, firm
  or corporation who manufactures drug-related paraphernalia intending, or
  under circumstances evincing knowledge, that such paraphernalia is to be
  used in connection  with  one  or  more  of  the  drug-related  purposes
  specified  in  subdivision  two  of  section eight hundred fifty of this
  article shall be guilty of a class A misdemeanor.
2023 New York Laws › GBS - General Business › Article 39 - Drug-Related Paraphernalia › 852 - Power of Municipality to Revoke License or Permit.

§ 852. Power of municipality to revoke license or permit. 1. A county,
  town,  city  or village which issues a license or permit authorizing any
  person, firm or corporation to engage in the  selling  or  offering  for
  sale  of  any  merchandise  may  revoke  such  license  or permit upon a
  finding, pursuant to a hearing held thereon, that such person,  firm  or
  corporation  has  sold  or  offered for sale merchandise in violation of
  this article.
2. The possession  with  intent  to  sell  or  offering  for  sale  of
  drug-related  paraphernalia as defined herein is hereby declared to be a
  nuisance, and where any such drug-related paraphernalia shall  be  taken
  from  the  possession  of  any person, the same shall be surrendered and
  forfeited to the sheriff of the county wherein the same shall be  taken,
  except  that  in  a city having a population of seventy-five thousand or
  more, the  same  shall  be  surrendered  and  forfeited  to  the  police
  commissioner  or  other  head  of the police force or department of said
  city and except that in the counties of Nassau  and  Suffolk,  the  same
  shall  be  surrendered  and  forfeited to the commissioner of the county
  police department.
2023 New York Laws › GBS - General Business › Article 39 - Drug-Related Paraphernalia › 853 - Enforcement; Limitation of Scope.

§  853.  Enforcement;  limitation of scope. 1. The attorney general or
  any state or local health officer, town, village or  city  attorney,  or
  the chief executive officer of a municipality may institute an action in
  a  court  of  competent  jurisdiction  to enjoin any activity prohibited
  pursuant to section eight hundred fifty-one of  this  chapter.  If  such
  court finds that any person, firm or corporation has sold or offered for
  sale  any  drug-related  paraphernalia,  it shall assess civil penalties
  against such person, firm or corporation in an amount not less than  one
  thousand  dollars  nor  more  than  ten  thousand  dollars for each such
  violation.
2. This article shall not apply to any sale, furnishing or  possession
  which is lawful under section 3381 of the public health law.
* 3.  This  article  shall  not  apply  to  any  sale,  furnishing  or
  possession which is for a lawful purpose under the cannabis law.
* NB Repealed July 5, 2028
2023 New York Laws › GBS - General Business › Article 39-A - Merchants of Torah Scrolls › 855 - Legislative Findings.

§  855.  Legislative findings. The legislature finds that, as a result
  of the high value of Torah scrolls, there has  developed  a  market  for
  stolen scrolls. Because scrolls are virtually identical and difficult to
  identify,  it  is  necessary  to  provide  a  system by which buyers can
  satisfy themselves that the scroll they are purchasing  was  not  stolen
  thereby  protecting  the  integrity  of  the  marketplace, and to thwart
  trafficking in stolen goods of  this  unique  nature.  Accordingly,  the
  provisions of this article are enacted.
2023 New York Laws › GBS - General Business › Article 39-A - Merchants of Torah Scrolls › 856 - Definitions.

§ 856. Definitions. As used in this article:
(1)  Merchant means a person who deals in the sale of Torah scrolls in
the ordinary course of business.
(2) Torah scroll means an edition of the  Pentateuch  hand-written  on
parchment.
(3)   Person   means   any   individual,   partnership,   corporation,
association, religious corporation, house of worship, however organized,
or other entity.
(4) Written instrument means a written or printed agreement,  bill  of
sale,  invoice,  certificate  of  authenticity  or  any  other  document
describing,  pursuant  to  section  eight  hundred  fifty-nine  of  this
article,  the  Torah  scroll  which  is  to be sold, exchanged, donated,
consigned, or otherwise transferred, by a merchant.
2023 New York Laws › GBS - General Business › Article 39-A - Merchants of Torah Scrolls › 857 - Disclosure Required.

§  857.  Disclosure  required.  (1)  No merchant shall sell, exchange,
consign, donate, or otherwise transfer a Torah scroll unless  a  written
disclosure instrument is furnished to the purchaser, consignee, donee or
other  transferee  prior to the sale, exchange, consignment, donation or
other transfer, which sets forth  as  to  each  scroll  the  descriptive
information  required  by  section  eight  hundred  fifty-nine  of  this
article.
(2) A merchant shall inquire of any person offering a Torah scroll for
sale information sufficient  to  supply  the  information  described  in
subdivisions  one  through  four,  inclusive,  of  section eight hundred
fifty-nine of this article and shall not purchase, or  otherwise  accept
for   purposes  of  sale,  exchange,  consignment,  donation,  or  other
transfer, a scroll from a person failing to provide such information.
2023 New York Laws › GBS - General Business › Article 39-A - Merchants of Torah Scrolls › 858 - Posting of Notice.

§  858.  Posting  of  notice.  In each place of business in this state
  where a merchant is regularly engaged in sale of Torah scrolls he  shall
  post  in  a  conspicuous  place  a  sign which in legible format states:
  "Article 39-A of the New York General Business Law requires merchants to
  disclose in writing certain information concerning Torah scrolls. If you
  are a prospective recipient of a  Torah  scroll  from  a  merchant  that
  information must be given to you in accordance with and under penalty of
  that law."
2023 New York Laws › GBS - General Business › Article 39-A - Merchants of Torah Scrolls › 859 - Information to Be Provided.

§  859. Information to be provided. The following information shall be
supplied in a written instrument  to  each  transferee  of  every  Torah
scroll and shall clearly, specifically, and distinctly include:
(1) The name of the merchant.
(2) The name of the person from whom the merchant obtained the scroll,
as well as his address and telephone number and the date on which it was
received from him.
(3)  The  manner  in  which the scroll was obtained by the person from
whom the merchant obtained it.
(4) The authority of the person selling the scroll to the merchant.
(5) Any unique characteristics of the scroll which would be useful for
identification purposes.
2023 New York Laws › GBS - General Business › Article 39-A - Merchants of Torah Scrolls › 861 - Penalty.

§ 861. Penalty. Any merchant who fails to comply with the requirements
  of  section  eight  hundred  fifty-seven  or  eight hundred sixty or who
  knowingly provides false or misleading information otherwise required by
  this article shall be guilty of a violation punishable by a fine not  to
  exceed two hundred fifty dollars.
2023 New York Laws › GBS - General Business › Article 39-A - Merchants of Torah Scrolls › 862 - Recision and Other Penalties.

§  862.  Recision  and  other penalties. If a merchant fails to comply
  with the disclosure provisions of section eight hundred  fifty-seven  of
  this  article,  the transferee may rescind the transaction. In addition,
  where the merchant has made knowingly false statements to a  transferee,
  the  transferee may recover actual damages, if any, and a penalty in the
  sum of two hundred fifty dollars. The remedies provided in this  section
  are in addition to other remedies available by law.
2023 New York Laws › GBS - General Business › Article 39-A - Merchants of Torah Scrolls › 863 - Enforcement.

§  863. Enforcement. (1) Any violation of this article shall be deemed
to be unlawful for purposes of sections  three  hundred  forty-nine  and
three hundred fifty of article twenty-two-A of this chapter.
(2)  Any  person  who  engages  in repeated violations of this article
shall be deemed to have engaged in persistent fraud  or  illegality  for
purposes  of  subdivision twelve of section sixty-three of the executive
law.
(3) The attorney general may bring an action pursuant to that  article
twenty-two-A or pursuant to that subdivision twelve to enjoin violations
of this article and seek restitution for any person entitled thereto. In
addition,  the  attorney  general  may recover, in addition to any other
relief provided by law a civil penalty of five hundred dollars for  each
violation to be forfeited to the state of New York.
(4)  In  connection  with  any  such action or proceeding the attorney
general may take proof and issue  subpoenas  in  accordance  with  civil
practice law and rules.
2023 New York Laws › GBS - General Business › Article 39-A - Merchants of Torah Scrolls › 864 - Severability.

§  864.  Severability.  If any sentence, paragraph, section or part of
  this  article  shall  be  adjudged  invalid  by  a  court  of  competent
  jurisdiction  such judgment shall not impair or invalidate the remainder
  thereof but shall be confined to that part.
2023 New York Laws › GBS - General Business › Article 39-B - Imitation Weapons › 870 - Legislative Intent.

§  870.  Legislative  intent.  The legislature finds and declares that
  there exists an unreasonable risk of injury and  death  associated  with
  the  sale  of  toy  weapons  which  are  replica of and cannot be easily
  distinguished from actual weapons; that in recent  years  the  sale  and
  possession  of  these  imitation  weapons  has  grown;  that in nineteen
  hundred eighty-seven, more than fourteen hundred toy  imitation  weapons
  involved  in  criminal  incidents  were confiscated by the police in New
  York city alone, nearly eighty percent more  than  four  years  earlier;
  that  when  such  imitation weapons are perceived as actual weapons fear
  and dangerous defensive actions often result.  The  legislature  further
  finds  and declares that the purpose of this article is to safeguard the
  public from the unreasonable risk of death and injury  that  may  result
  when   imitation   weapons   are  perceived  as  real,  by  banning  the
  importation,  manufacture,  distribution  and  sale  of  such  imitation
  weapons.
2023 New York Laws › GBS - General Business › Article 39-B - Imitation Weapons › 871 - Definitions.

§  871.  Definitions.  1. "Firearm" as used in this section shall have
the same meaning as that term is defined by subdivision three of section
265.00 of the penal law and  shall  include  machine  guns,  rifles  and
shotguns  as  those  terms  are  defined by subdivisions one, eleven and
twelve, respectively, of section 265.00 of the penal law.
2. "Imitation weapon" means any device  or  object  made  of  plastic,
wood,  metal or any other material which substantially duplicates or can
reasonably be perceived to be an actual firearm, air rifle, pellet  gun,
or "B-B" gun; unless such imitation weapon:
(a)  either  (i)  is  colored white, bright red, bright orange, bright
yellow, bright green, bright blue, bright pink or bright purple  on  the
entire  exterior surface or as the predominant color in combination with
other colors in any pattern; or
(ii) is constructed entirely of transparent or  translucent  materials
which permits unmistakable observation of the imitation or toy firearm's
complete contents; and
(b)  has  a  barrel  that  is  closed  for a distance of not less than
one-half inch from the front-end of its barrel with the same material of
which the imitation weapon is made, unless it is a water gun; and
(c) has legibly stamped thereon, the name of the manufacturer or  some
trade  name,  mark  or  brand  by  which the manufacturer can be readily
identified; and
(d) does not have attached thereto a laser pointer,  defined  for  the
purpose  of this section as any device that emits light amplified by the
stimulated emission of radiation that  is  visible  to  the  human  eye.
"Imitation  weapon" does not include any nonfiring replica of an antique
firearm, the original of which was designed, manufactured  and  produced
prior to eighteen hundred ninety-eight.
2023 New York Laws › GBS - General Business › Article 39-B - Imitation Weapons › 872 - Prohibitions.

§ 872. Prohibitions. No person, firm, corporation or agent or employee
  thereof  shall  import,  manufacture,  sell, hold for sale or distribute
  within the state any imitation weapon unless such  device  is  imported,
  manufactured, sold, held for sale and distributed:
1. solely for subsequent transportation in interstate commerce; or
2.  solely  for  lawful  use  in  a theatrical production, including a
  motion picture, television or stage production.
2023 New York Laws › GBS - General Business › Article 39-B - Imitation Weapons › 873 - Enforcement.

§  873.  Enforcement. Whenever the attorney general shall believe from
  evidence satisfactory to him  that  any  person,  firm,  corporation  or
  association  or  agent or employee thereof has violated any provision of
  this article, he may bring  an  action  or  special  proceeding  in  the
  supreme court for a judgment enjoining the continuance of such violation
  and  for  a civil penalty of not more than one thousand dollars for each
  violation. If it shall appear  to  the  satisfaction  of  the  court  or
  justice  that  the defendant has violated any provision of this article,
  no proof shall be required that any person has been injured thereby  nor
  that  the  defendant knowingly or intentionally violated such provision.
  In  such  action  preliminary  relief  may  be  granted  under   article
  sixty-three  of the civil practice law and rules. In connection with any
  such proposed application, the attorney general is  authorized  to  take
  proof,  issue  subpoenas  and administer oaths in the manner provided in
  the civil practice law and rules.
2023 New York Laws › GBS - General Business › Article 39-BB - Preventing the Unlawful Sale of Firearms, Rifles, and Shotguns to Individuals With a Criminal Record › 875-A - Definitions.

§ 875-a. Definitions. For the purposes of this article:
1.  "Dealer" means a gunsmith or dealers in firearms licensed pursuant
  to section 400.00 of the penal law.
2. "Dispose of" or "disposition of" means to give, give  away,  lease,
  lend, keep for sale, offer, offer for sale, sell, or transfer.
3.  "Firearm"  has  the  same  meaning  as  that  term  is  defined in
  subdivision three of section 265.00 of the penal law.
4. "Rifle" has the same meaning as that term is defined in subdivision
  eleven of section 265.00 of the penal law.
5. "Shotgun"  has  the  same  meaning  as  that  term  is  defined  in
  subdivision twelve of section 265.00 of the penal law.
6.  "Straw  purchase" means the purchase, or attempt to purchase, by a
  person of a firearm, rifle, shotgun or ammunition for, on behalf of,  or
  for  the  use  of  another  person  known or unknown. The term shall not
  include a bona fide  gift  to  a  person  who  is  not  prohibited  from
  possessing   or   receiving   such  a  firearm.  For  purposes  of  this
  subdivision, a gift to a person shall not be a bona  fide  gift  if  the
  person has offered or given the purchaser a service or thing of value to
  acquire the firearm for the person.
7. "Superintendent" means the superintendent of state police.
2023 New York Laws › GBS - General Business › Article 39-BB - Preventing the Unlawful Sale of Firearms, Rifles, and Shotguns to Individuals With a Criminal Record › 875-B - Security.

§ 875-b. Security. 1. Every dealer shall implement a security plan for
securing  firearms,  rifles and shotguns, including firearms, rifles and
shotguns in shipment. The plan shall  satisfy  at  least  the  following
requirements:
(a)  all  firearms,  rifles  and shotguns shall be secured, other than
during business hours, in a  locked  fireproof  safe  or  vault  on  the
dealer's  business  premises  or  in  a  secured  and locked area on the
dealer's business premises; and
(b) ammunition shall be stored separately from  firearms,  rifles  and
shotguns and out of reach of customers.
2. The dealer's business premises shall be secured by a security alarm
system  that  is  installed  and maintained by a security alarm operator
properly licensed pursuant to article six-D of this  chapter.  Standards
for   such   security   alarm   systems  shall  be  established  by  the
superintendent  in  regulation.  Such  security  alarm  systems  may  be
developed  by  a federal or state agency, a not-for-profit organization,
or another entity specializing in security alarm standards  approved  by
the  superintendent  for  the  purposes  of this act. The security alarm
system shall be capable of being monitored by  a  central  station,  and
shall  provide, at a minimum, complete protection and monitoring for all
accessible openings, and partial motion and sound detection  at  certain
other  areas  of the premises. The dealer location shall additionally be
equipped with a video recording device at each point of  sale  and  each
entrance and exit to the premises, which shall be recorded from both the
indoor  and outdoor vantage point and shall maintain such recordings for
a period of not less than two years.
2023 New York Laws › GBS - General Business › Article 39-BB - Preventing the Unlawful Sale of Firearms, Rifles, and Shotguns to Individuals With a Criminal Record › 875-C - Access to Firearms, Rifles, and Shotguns.

§ 875-c. Access to firearms, rifles, and shotguns. Every retail dealer
  shall  exclude  all  persons  under  eighteen  years  of  age from those
  portions of its premises where firearms, rifles, shotguns, or ammunition
  are stocked or sold, unless such person is accompanied by  a  parent  or
  guardian.
2023 New York Laws › GBS - General Business › Article 39-BB - Preventing the Unlawful Sale of Firearms, Rifles, and Shotguns to Individuals With a Criminal Record › 875-D - Location of Firearm, Rifle, and Shotgun Sales.

§  875-d.  Location of firearm, rifle, and shotgun sales. Every dealer
  shall sell or otherwise dispose of firearms, rifles, and  shotguns  only
  at  the  location  listed on the dealer's federal firearms license or at
  gun shows.
2023 New York Laws › GBS - General Business › Article 39-BB - Preventing the Unlawful Sale of Firearms, Rifles, and Shotguns to Individuals With a Criminal Record › 875-E - Employee Training.

§ 875-e. Employee training. 1. Every dealer shall provide the training
developed  by  the  superintendent  pursuant  to subdivision two of this
section to all new employees within thirty days of  employment,  to  all
existing  employees  within  ninety  days  of the effective date of this
section, and to all employees annually thereafter.
2. The superintendent shall develop and make available to each dealer,
a training  course  in  the  conduct  of  firearm,  rifle,  and  shotgun
transfers including at a minimum the following:
(a)  Federal  and  state  laws  governing  firearm, rifle, and shotgun
transfers.
(b) How to recognize, identify, respond, and report  straw  purchases,
illegal purchases, and fraudulent activity.
(c)  How to recognize, identify, respond, and report an individual who
intends to use a firearm,  rifle,  or  shotgun  for  unlawful  purposes,
including self-harm.
(d) How to prevent, respond, and report theft or burglary of firearms,
rifles, shotguns, and ammunition.
(e) How to educate customers on rules of gun safety, including but not
limited  to  the safe handling and storage of firearms, rifles, shotguns
and ammunition.
(f)  Such  other  topics  the  superintendent  deems   necessary   and
appropriate.
3.  No employee or agent of any retail dealer shall participate in the
sale or disposition of firearms, rifles, or shotguns unless such  person
is  at least twenty-one years of age and has first received the training
required  by  this  section.   The   superintendent   shall   promulgate
regulations  setting  forth  minimum requirements for the maintenance of
records of such training.
2023 New York Laws › GBS - General Business › Article 39-BB - Preventing the Unlawful Sale of Firearms, Rifles, and Shotguns to Individuals With a Criminal Record › 875-F - Maintenance of Records.

§  875-f.  Maintenance  of  records.  Every dealer shall establish and
  maintain a book, or if the dealer  should  choose,  an  electronic-based
  record  of  purchase, sale, inventory, and other records at the dealer's
  place of business in such form and for such period as the superintendent
  shall require, and shall submit a copy of such records to the  New  York
  state  police  every  April and October. Such records shall at a minimum
  include the following:
1. the make, model, caliber or gauge, manufacturer's name, and  serial
  number  of  all  firearms,  rifles  and  shotguns  that  are acquired or
  disposed of not later than one business day after their  acquisition  or
  disposition.  Monthly  backups  of these records kept in a book shall be
  maintained in a secure container  designed  to  prevent  loss  by  fire,
  theft,  or  flood. If the dealer chooses to maintain an electronic-based
  record system, those records shall be backed up on an external server or
  over the internet at the close of each business day;
2. all firearms, rifles and shotguns acquired but not yet disposed  of
  shall  be  accounted  for  through an inventory check prepared once each
  month and maintained in a secure location;
3. firearm, rifle and shotgun disposition information,  including  the
  serial numbers of firearms, rifles and shotguns sold, dates of sale, and
  identity  of  purchasers,  shall be maintained and made available at any
  time to government law enforcement agencies and to the  manufacturer  of
  the weapon or its designee; and
4.  every dealer shall maintain records of criminal firearm, rifle and
  shotgun traces initiated by the  federal  bureau  of  alcohol,  tobacco,
  firearms  and  explosives ("ATF"). All ATF Form 4473 transaction records
  shall be  retained  on  the  dealer's  business  premises  in  a  secure
  container designed to prevent loss by fire, theft, or flood.
2023 New York Laws › GBS - General Business › Article 39-BB - Preventing the Unlawful Sale of Firearms, Rifles, and Shotguns to Individuals With a Criminal Record › 875-G - Internal Compliance, Certification, and Reporting.

§  875-g.  Internal compliance, certification, and reporting. 1. Every
dealer shall:
(a) implement and maintain sufficient internal  compliance  procedures
to ensure compliance with the requirements of this article; and
(b)  annually  certify  to  the  superintendent  that  such dealer has
complied  with  all  of  the   requirements   of   this   article.   The
superintendent  shall  by  regulation  determine the form and content of
such annual certification.
2. (a)  The  superintendent  shall  promulgate  regulations  requiring
periodic  inspections  of  not  less than one inspection of every dealer
every three years, during regular  and  usual  business  hours,  by  the
division  of  state  police of the premises of every dealer to determine
compliance by such dealer with the requirements of this  article.  Every
dealer  shall  provide  the division of state police with full access to
such dealer's premises for such inspections.
(b) The  superintendent  shall  prepare  an  annual  report  providing
information  on  the number of dealers inspected annually, the number of
dealers in compliance with the requirements of this article, the  number
of  dealers failing to comply with the requirements of this article, and
other  information  that  the   superintendent   deems   necessary   and
appropriate.  The  first  report shall be delivered to the governor, the
majority leader of the senate and the speaker of the assembly, and shall
be made available to the public on the division of state police website,
on or before  January  first,  two  thousand  twenty-four  and  annually
thereafter.
2023 New York Laws › GBS - General Business › Article 39-BB - Preventing the Unlawful Sale of Firearms, Rifles, and Shotguns to Individuals With a Criminal Record › 875-H - Rules and Regulations.

§ 875-h. Rules and regulations. The superintendent may promulgate such
  additional  rules  and  regulations  as  the  superintendent  shall deem
  necessary to prevent firearms, rifles, and shotguns from being  diverted
  from the legal stream of commerce.
2023 New York Laws › GBS - General Business › Article 39-BB - Preventing the Unlawful Sale of Firearms, Rifles, and Shotguns to Individuals With a Criminal Record › 875-I - Violations.

§  875-i.  Violations.  Any person, firm, or corporation who knowingly
  violates any provision of this article shall be  guilty  of  a  class  A
  misdemeanor punishable as provided for in the penal law.
2023 New York Laws › GBS - General Business › Article 39-C - Imitation Hypodermic Instruments › 881 - Fabrication or Packaging in the Shape of Hypodermic Instruments.

§   881.   Fabrication   or  packaging  in  the  shape  of  hypodermic
  instruments.  No  person,  firm  or   corporation   shall   manufacture,
  distribute,  import,  or  possess  for the purpose of sale or resale, or
  sell or offer for sale in this state any toy, food, or other item  which
  is   fabricated,   constructed   or   packaged  to  simulate  hypodermic
  instruments.
This article shall not apply to items contained in toy  medical  kits,
  any goods being transported through this state solely for the purpose of
  interstate commerce or to any goods used solely for:
1. lawful medical or educational purposes; or
2.  use  in  a  theatrical  production,  including  a  motion picture,
  television or stage production.