2006 New York Code - Enforcement And Penalties

 
    §  821.  Enforcement  and  penalties.  1.  Whenever  there  shall be a
  violation of this article, 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 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 article, an injunction may  be
  issued  by  such  court or justice enjoining and restraining any further
  violation, 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 article has occurred  the  court  may
  impose  a  civil  penalty of not more than five hundred dollars for each
  violation. For the purposes of this  section  each  group  of  identical
  items  shall  constitute a single 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.
    2.  Before any violation of this article is sought to be enjoined, the
  attorney general shall be required to give the person against whom  such
  proceeding  is  contemplated notice by certified mail and an opportunity
  to show in writing within five business days after receipt of notice why
  proceedings should not be instituted against him,  unless  the  attorney
  general  shall  find,  in any case in which he seeks preliminary relief,
  that to give such notice and opportunity is not in the public interest.
    3. In any such action it shall be a complete defense that the  act  or
  practice  is,  or  if  in  interstate  commerce would be, subject to and
  complies  with  the  rules  and  regulations  of,   and   the   statutes
  administered  by,  the  federal  food  and  drug  administration  or any
  official department, division, commission or agency of the United States
  as such rules, regulations or statutes are interpreted  by  the  federal
  food and drug administration or such department, division, commission or
  agency or the federal courts.