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This entry was published on 2014-09-22
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Prohibition of the importation, manufacturing, distribution, or sale of yo-yo waterball toys
General Business (GBS) CHAPTER 20, ARTICLE 26
* § 399-e. Prohibition of the importation, manufacturing,
distribution, or sale of yo-yo waterball toys. 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