* § 391-u. Pricing goods and services on the basis of gender
prohibited. 1. Definitions. For the purposes of this section, the
following terms shall have the following meanings:

(a) "Business" shall mean any business acting within the state of New
York that sells goods to any individual or entity including, but not
limited to, retailers, suppliers, manufacturers, or distributors;

(b) "Goods" shall mean any consumer product used, bought or rendered
primarily for personal, family or household purposes;

(c) "Services" shall mean any consumer services used, bought or
rendered primarily for personal, family or household purposes;

(d) "Substantially similar" shall mean:

(i) two goods that exhibit no substantial differences in: (A) the
materials used in production; (B) the intended use of the good; (C) the
functional design and features of the good; and (D) the brand of the
good; or

(ii) two services that exhibit no substantial difference in: (A) the
amount of time to provide the services; (B) the difficulty in providing
the services; and (C) the cost of providing the services. A difference
in coloring among any good shall not be construed as a substantial
difference for the purposes of this paragraph.

2. No person, firm, partnership, company, corporation, or business
shall charge a price for any two goods that are substantially similar,
if such goods are priced differently based on the gender of the
individuals for whom the goods are marketed and intended.

3. No person, firm, partnership, company, corporation or business
shall charge a price for any services that are substantially similar if
such services are priced differently based upon the gender of the
individuals for whom the services are performed, offered, or marketed.

4. Nothing in this section prohibits price differences in goods or
services based specifically upon the following:

(a) the amount of time it took to manufacture such goods or provide
such services;

(b) the difficulty in manufacturing such goods or offering such
services;

(c) the cost incurred in manufacturing such goods or offering such
services;

(d) the labor used in manufacturing such goods or providing such
services;

(e) the materials used in manufacturing such goods or providing such
services; or

(f) any other gender-neutral reason for having increased the cost of
such goods or services.

5. Any person, firm, partnership, company, corporation, or business
that provides services, as defined by this section, shall provide the
customer with a complete written price list upon request.

6. 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 to issue an
injunction, and upon notice to the defendant of not less than five days,
to enjoin and restrain the continuance of such violations. 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 such
court or justice, enjoining or restraining any 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 section eighty-three hundred three of
the civil practice law and rules, and may make direct restitution. 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. Whenever the court shall determine that a violation of this
section has occurred, the court may impose a civil penalty not to exceed
two hundred fifty dollars for a first violation, and a civil penalty not
to exceed five hundred dollars for each subsequent violation. For the
purposes of this section, all identical items priced on the basis of
gender shall be considered a single violation.

* NB There are 2 § 391-u's