§ 7126. Special provisions.
248 words·~1 min read·
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§ 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.