N.Y. General Business Law Section 390-A
Optical discs

  • requirements

1.

For purposes of this section, the following terms shall have the following meanings:

(a)

“Optical disc” is a disc capable of being read by a laser or other light source on which data is stored in digital form. An optical disc shall include, but not be limited to, discs known as compact discs (CDs), recordable compact discs (CD-R’s), and digital video discs (DVDs), or related mastering source materials heretofore or hereafter developed.

(b)

“Manufacturer” shall mean a person who replicates the physical optical disc or produces the master used in any optical disc replication process. A manufacturer shall not include a person who manufactures optical discs for internal use, testing, or review, or a person who manufactures blank optical discs.

(c)

“Commercial purposes” shall mean the production of at least ten of the same or different optical discs in a one hundred eighty day period, by storing information on the disc, and for the purpose of resale, whether by that person or by another.

(d)

“Identification mark” shall mean the actual name of the manufacturer and the state in which the optical disc was manufactured, or alternatively a unique identifier that will allow law enforcement to determine the place at which an optical disc was manufactured.

(e)

“Person” shall include an individual, partnership, limited liability company, corporation, association, or any officer, employee or agent thereof.

2.

Every person who manufactures an optical disc for commercial purposes shall permanently mark each manufactured optical disc with an identification mark. The identification mark shall be affixed by molding, diestamping, etching, or other permanent method in a manner which is clearly visible without the aid of magnification or special devices.

3.

No person shall knowingly remove, deface, cover, alter, or destroy the identification mark required by this section.

4.

(a) No person shall, for the purpose of sale or rental, buy, sell, receive, transfer, or possess an optical disc knowing the identification mark of the manufacturer has been removed, defaced, covered, altered or destroyed.

(b)

No person shall, for the purpose of sale or rental, buy, sell, receive, transfer or possess an optical disc knowing it was manufactured in New York without the identification mark required by this section, or knowing that it was manufactured in New York with a false identification mark.

5.

(a) Any violation of subdivision two of this section shall be punishable as a class B misdemeanor. A second or subsequent violation of such subdivision shall be punishable as a class A misdemeanor.

(b)

Any violation of subdivision three or four of this section shall be punishable as a class A misdemeanor.

Source: Section 390-A — Optical discs; requirements, https://www.­nysenate.­gov/legislation/laws/GBS/390-A (updated Sep. 22, 2014; accessed Oct. 26, 2024).

390
Substitution of spurious oils for internal combustion engines 390‑A
Optical discs 390‑B
Anti-phishing act of 2006 390‑BB
Cramming prohibited 390‑C
Prohibit persons under eighteen years of age in certain facilities 390‑C*2
Posting of warnings by commercial entities offering internet access to the public 390‑D
Information concerning services for human trafficking victims in facilities at truck stops 390‑E
Unauthorized installation of certain security devices prohibited 390‑E*2
Skimming awareness notice 391
Marking retreaded, recapped or recut tires 391‑A
Unlawful acts relating to liquid fuels, lubricating oils and similar products 391‑B
Prohibit any sale of dangerous clothing articles 391‑C
Sale of bicycles 391‑CC
Sale of micromobility devices, bicycles with electric assist and limited use motorcycles powered by lithium-ion batteries, and lithium-io... 391‑CC*2
Sale of bicycles with electric assist and micromobility devices 391‑D
Sale of matchbooks 391‑E
Promotion of camps by certain organizations 391‑F
Promotion of private schools by certain organizations 391‑G
Rental of motor vehicles 391‑H
Lubricating oils 391‑I
Sale of urea-formaldehyde foam insulation 391‑J
Sale of fire extinguishers 391‑JJ
Sale of electric space heaters 391‑K
Automatic garage door opening systems 391‑L
Personal emergency response service agreements 391‑L*2
Rental of motor vehicles 391‑M
Manufacture and sale of in-line skates 391‑N
Sale of reptiles 391‑OO
Sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building 391‑P
Prohibit the rental of clothing articles previously worn 391‑Q
Rebates 391‑S
Sale and distribution of novelty lighters prohibited 391‑T
Sale of small animals 391‑U
Pricing goods and services on the basis of gender prohibited 391‑U*2
Restrictions on the sale and use of firefighting equipment containing PFAS chemicals 391‑V
Third-party food delivery agreements 392
Second-hand watches 392‑A
Sale of new computers 392‑B
False labels and misrepresentations 392‑C
Obliteration of marks of origin 392‑D
Using false marks as to manufacture 392‑E
Using false statements or altering mileage registering devices 392‑F
Taximeters 392‑G
Sale of ultraviolet radiation devices 392‑H
Trash receptacles 392‑I
Prices reduced to reflect change in sales tax computation 392‑J
Sales of sparkling devices 393
Lime 393‑A
Non fire rated wood paneling 393‑B
Written solicitation 393‑C
Sale of required labor postings 393‑D
Sale of certified copies of property deeds 393‑E
Sale of abandoned property location services 393‑F
Voluntary third-party notification 394
Lost or destroyed certificate of stock 394‑A
Proof of lost negotiable paper 394‑B
Limitations on certain contracts for instruction or use of physical or social training facilities 394‑C
Limitations on certain contracts involving social referral services 394‑CC
Internet dating safety 394‑CCC
Social media networks 394‑D
Privity of contract between franchise seller and customer or patron of dealer 394‑E
Report on request for abortional services 394‑F
Warrants for reproductive health related electronic data 395
Required disclosure of prior use 395‑A
Maintenance agreements
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 390-A’s source at nysenate​.gov

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