§ 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.