§ 7126. Special provisions. 1. Eyeglasses or lenses for the correction\nof vision or non-corrective contact lenses may be sold by any person,\nfirm or corporation at retail, only on prescription of a licensed\nphysician or licensed optometrist and only if a licensed physician,\noptometrist or ophthalmic dispenser is in charge of and in personal\nattendance at the place of sale. This article shall not apply to\nbinoculars, telescopes, or other lenses used for simple magnification;\nexcept, that a seller of non-prescription ready-to-wear magnifying\nspectacles or glasses shall have the following language attached to each\npair of glasses or spectacles displayed or offered for sale and in at\nleast ten point bold type permanently affixed in plain view to the top\nof any point of sale display or, if there is no display, in the area of\nsale: "ATTENTION; READY-TO-WEAR NON-PRESCRIPTION GLASSES ARE NOT\nINTENDED TO REPLACE PRESCRIBED CORRECTIVE LENSES OR EXAMINATIONS BY AN\nEYE CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPS ARE NECESSARY TO\nDETERMINE YOUR EYE HEALTH STATUS AND VISION NEEDS." As used in this\nsubdivision, "non-prescription, ready to wear magnifying spectacles or\nglasses" means spherical convex lenses, uniform in each meridian, which\nare encased in eyeglass frames and intended to ameliorate the symptoms\nof presbyopia. The lenses in such glasses shall be of uniform focus\npower in each eye and shall not exceed 2.75 diopters.\n 2. It shall be a class A misdemeanor to practice any fraud, deceit or\nmisrepresentation in any advertising related to ophthalmic dispensing.\n
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