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

* § 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