2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
392-A - Sale of new computers.

 
    §  392-a.  Sale  of  new  computers.  1.  As used in this section, the
  following terms have the following meanings:
    (a) "Computer" means an electronic machine that  performs  high  speed
  mathematical   or   logical  calculations  or  that  assembles,  stores,
  correlates, or otherwise processes and outputs information derived  from
  coded data in accordance with a predetermined program;
    (b)  "Computer accessory" means keyboards, monitors, printers, mouses,
  or other hardware attachments to a computer; and
    (c) "Consumer" means any purchaser of a computer or computer accessory
  primarily for personal or home business use.
    2.  No  person,  firm,  partnership,  association,  limited  liability
  company, corporation, or other entity shall use remanufactured, rebuilt,
  or  recycled  parts  in the manufacture for sale or distribution in this
  state of a new computer or any new computer accessory to a  consumer  at
  retail,  unless (1) such computer or computer accessory contains a clear
  and conspicuous label in  accordance  with  subdivision  three  of  this
  section;  or  (2)  the  manufacturer otherwise provides to the consumer,
  prior to  purchase,  clear  and  conspicuous  notice  that  the  product
  contains rebuilt, remanufactured or recycled components.
    3.  The  label  required  pursuant  to subdivision two of this section
  shall:   (a) indicate that  such  computer  or  computer  accessory  may
  contain remanufactured, rebuilt, or recycled parts; and
    (b) be displayed by sticker or tag affixed to the computer or computer
  accessory  or  its protective packaging or wrapping, or if such computer
  or computer accessory is in a  box,  such  label  shall  be  printed  or
  displayed by sticker or tag affixed to the outside of such box.
    4. 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
  violation; 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. If the court in such a special proceeding determines that a
  violation of this section has occurred, the court  may  impose  a  civil
  penalty  of  not  more  than five hundred dollars for each 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.