2006 New York Code - Cosmetic Samples.

 
    § 6818-a. Cosmetic  samples.   1. No person engaged in the business of
  selling cosmetics shall  provide  for  the  use  by  or  application  to
  customers of any cosmetics, except for use or application to the hand or
  arm  as  a sample if such immediate container of cosmetics is to be used
  by or applied to more than  one  customer.  For  the  purposes  of  this
  section,  the  term  "cosmetic" shall not include perfume or cologne; or
  samples  removed  from  the  immediate  container  with  a  single   use
  disposable  applicator  furnished to each customer; or samples dispensed
  from a tube, pump, spray or shaker container; or samples or  applicators
  that  have  been cleansed before each use or application. The provisions
  of this section shall be  deemed  to  have  been  satisfied  if  written
  instructions  on  the use or application of cosmetic samples pursuant to
  this section are clearly and visibly posted at  or  near  the  place  of
  display  of  cosmetic  samples.  Nothing contained in this section shall
  prohibit the use or application of cosmetic samples by  persons  trained
  to  apply  cosmetics  to  customers in accordance with the provisions of
  this section.
    2. Notwithstanding any other provision of this article, a violation of
  this section shall result in a civil penalty of one hundred dollars  for
  the first offense and a civil penalty of two hundred fifty dollars for a
  second or subsequent offense.