2006 New York Code - Special Provisions.

 
    § 7126. Special provisions. 1. Eyeglasses or lenses for the correction
  of  vision  or  non-corrective contact lenses may be sold by any person,
  firm or corporation at  retail,  only  on  prescription  of  a  licensed
  physician  or  licensed  optometrist  and  only if a licensed physician,
  optometrist or ophthalmic dispenser is in  charge  of  and  in  personal
  attendance  at  the  place  of  sale.  This  article  shall not apply to
  binoculars, telescopes, or other lenses used for  simple  magnification;
  except,  that  a  seller  of  non-prescription  ready-to-wear magnifying
  spectacles or glasses shall have the following language attached to each
  pair of glasses or spectacles displayed or offered for sale  and  in  at
  least  ten  point bold type permanently affixed in plain view to the top
  of any point of sale display or, if there is no display, in the area  of
  sale:   "ATTENTION;   READY-TO-WEAR  NON-PRESCRIPTION  GLASSES  ARE  NOT
  INTENDED TO REPLACE PRESCRIBED CORRECTIVE LENSES OR EXAMINATIONS  BY  AN
  EYE  CARE  PROFESSIONAL.  CONTINUOUS  EYE  CHECK-UPS  ARE  NECESSARY  TO
  DETERMINE YOUR EYE HEALTH STATUS AND VISION  NEEDS."  As  used  in  this
  subdivision,  "non-prescription,  ready to wear magnifying spectacles or
  glasses" means spherical convex lenses, uniform in each meridian,  which
  are  encased  in eyeglass frames and intended to ameliorate the symptoms
  of presbyopia. The lenses in such glasses  shall  be  of  uniform  focus
  power in each eye and shall not exceed 2.75 diopters.
    2.  It shall be a class A misdemeanor to practice any fraud, deceit or
  misrepresentation in any advertising related to ophthalmic dispensing.