Section 399-E. Prohibition of the importation, manufacturing, distribution, or sale of yo-yo waterball toys  


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  • 1.  No  person,  firm,
      corporation,  or  association  shall import, manufacture, sell, offer to
      sell, or distribute a yo-yo waterball toy.
        2. For purposes of this section, the term "yo-yo waterball toy"  means
      a  yo-yo  waterball,  water  yo-yo, or any similar toy made of rubber or
      rubber-like material consisting of a ball that is filled with  a  liquid
      and attached to an elastic cord with a finger loop at the end.
        3.  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
      violations;  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. Whenever the court shall determine that a violation of this
      section  has  occurred, the court may impose a civil penalty of not more
      than one thousand dollars for each  violation.  Each  sale  of  a  yo-yo
      waterball  toy  in violation of this section shall constitute a separate
      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.
        * NB There are 2 § 399-e's