TITLE 5
Businesses and Professions

CHAPTER 5-35.2
Opticians

SECTION 5-35.2-5


§ 5-35.2-5 Unlawful sale of spectacles.

It is unlawful for any person, firm, or corporation to sell, as merchandise, in any store or established place of business in the state, any eyeglasses, spectacles, or lenses for uncorrected vision, unless a licensed optometrist, physician, or optician under the laws of this state is in charge and in personal attendance at the booth, counter, or place where those articles are sold in that store or established place of business. The provisions of this section shall not be construed to apply to the sale of simple reading magnifying glasses, toy glasses, goggles consisting of plano white or plano colored lenses or ordinary colored glasses, or to optometrists, physicians, or opticians who sell spectacles, eyeglasses, or lenses in prescription. A seller of simple reading magnifying glasses shall have the following notice permanently affixed in plain view to the top of any point of sale display: "These magnifiers are not intended to be substitute for corrective lenses; only a professional eye examination can determine your eye health status and vision needs." This notice shall also be prominently displayed in all newspaper, magazine, and other advertisements for simple reading magnifying glasses. As used in this section, "simple reading magnifying glasses" do not include lenses of bifocal design or single vision lenses of over plus 3.25 diopters or equivalent magnification.

History of Section.
(P.L. 2008, ch. 305, § 3; P.L. 2008, ch. 433, § 3; P.L. 2014, ch. 197, § 2; P.L. 2014, ch. 219, § 2.)