The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10635

                          I N  A S S E M B L Y

                             April 13, 2010
                               ___________

Introduced by M. of A. MARKEY -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to prohibiting the
  return of underwear

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
390-d to read as follows:
  S 390-D. PROHIBITION ON THE RETURN OF UNDERWEAR. 1.  "UNDERWEAR" MEANS
AN ARTICLE OF CLOTHING WORN OR INTENDED TO BE WORN BY INDIVIDUALS ON THE
LOWER BODY NEXT TO THE SKIN AND IS KNOWN BY COMMON PARLANCE AS UNDERWEAR
OR UNDERGARMENTS.
  2. NO INDIVIDUAL, PARTNERSHIP, CORPORATION, ASSOCIATION OR OTHER  FORM
OF BUSINESS SHALL ACCEPT ANY UNDERWEAR FOR RETURN, UNLESS SUCH UNDERWEAR
IS IN ITS SEALED UNOPENED ORIGINAL PACKAGE.
  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  OF  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  RESTITU-
TION.  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 RETURNED
UNDERWEAR IN VIOLATION OF  THIS  SECTION  SHALL  CONSTITUTE  A  SEPARATE
VIOLATION.  IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTOR-
NEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF  THE
RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
TICE LAW AND RULES.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16449-04-0