§ 821 — Enforcement and penalties

§ 821. Enforcement and penalties. 1. Whenever there shall be a\nviolation of this article, an application may be made by the attorney\ngeneral in the name of the people of the state of New York to a court or\njustice having jurisdiction by a special proceeding to issue an\ninjunction to enjoin and restrain the continuance of such violations;\nand if it shall appear to the satisfaction of the court or justice that\nthe defendant has, in fact, violated this article, an injunction may be\nissued by such court or justice enjoining and restraining any further\nviolation, without requiring proof that any person has, in fact, been\ninjured or damaged thereby. In any such proceeding, the court may make\nallowances to the attorney general as provided in paragraph six of\nsubdivision (a) of section eighty-three hundred three of the civil\npractice law and rules, and direct restitution. Whenever the court shall\ndetermine that a violation of this article has occurred the court may\nimpose a civil penalty of not more than five hundred dollars for each\nviolation. For the purposes of this section each group of identical\nitems shall constitute a single violation. In connection with any such\nproposed application, the attorney general is authorized to take proof\nand make a determination of the relevant facts and to issue subpoenas in\naccordance with the civil practice law and rules.\n 2. Before any violation of this article is sought to be enjoined, the\nattorney general shall be required to give the person against whom such\nproceeding is contemplated notice by certified mail and an opportunity\nto show in writing within five business days after receipt of notice why\nproceedings should not be instituted against him, unless the attorney\ngeneral shall find, in any case in which he seeks preliminary relief,\nthat to give such notice and opportunity is not in the public interest.\n 3. In any such action it shall be a complete defense that the act or\npractice is, or if in interstate commerce would be, subject to and\ncomplies with the rules and regulations of, and the statutes\nadministered by, the federal food and drug administration or any\nofficial department, division, commission or agency of the United States\nas such rules, regulations or statutes are interpreted by the federal\nfood and drug administration or such department, division, commission or\nagency or the federal courts.\n