§ 6818-a. Cosmetic samples. 1. No person engaged in the business of\nselling cosmetics shall provide for the use by or application to\ncustomers of any cosmetics, except for use or application to the hand or\narm as a sample if such immediate container of cosmetics is to be used\nby or applied to more than one customer. For the purposes of this\nsection, the term "cosmetic" shall not include perfume or cologne; or\nsamples removed from the immediate container with a single use\ndisposable applicator furnished to each customer; or samples dispensed\nfrom a tube, pump, spray or shaker container; or samples or applicators\nthat have been cleansed before each use or application. The provisions\nof this section shall be deemed to have been satisfied if written\ninstructions on the use or application of cosmetic samples pursuant to\nthis section are clearly and visibly posted at or near the place of\ndisplay of cosmetic samples. Nothing contained in this section shall\nprohibit the use or application of cosmetic samples by persons trained\nto apply cosmetics to customers in accordance with the provisions of\nthis section.\n 2. Notwithstanding any other provision of this article, a violation of\nthis section shall result in a civil penalty of one hundred dollars for\nthe first offense and a civil penalty of two hundred fifty dollars for a\nsecond or subsequent offense.\n
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