Section 6818-A. Cosmetic samples  


Latest version.
  • 1. No person engaged in the business of
      selling cosmetics shall  provide  for  the  use  by  or  application  to
      customers of any cosmetics, except for use or application to the hand or
      arm  as  a sample if such immediate container of cosmetics is to be used
      by or applied to more than  one  customer.  For  the  purposes  of  this
      section,  the  term  "cosmetic" shall not include perfume or cologne; or
      samples  removed  from  the  immediate  container  with  a  single   use
      disposable  applicator  furnished to each customer; or samples dispensed
      from a tube, pump, spray or shaker container; or samples or  applicators
      that  have  been cleansed before each use or application. The provisions
      of this section shall be  deemed  to  have  been  satisfied  if  written
      instructions  on  the use or application of cosmetic samples pursuant to
      this section are clearly and visibly posted at  or  near  the  place  of
      display  of  cosmetic  samples.  Nothing contained in this section shall
      prohibit the use or application of cosmetic samples by  persons  trained
      to  apply  cosmetics  to  customers in accordance with the provisions of
      this section.
        2. Notwithstanding any other provision of this article, a violation of
      this section shall result in a civil penalty of one hundred dollars  for
      the first offense and a civil penalty of two hundred fifty dollars for a
      second or subsequent offense.