Where optical goods may be sold. Exception. Unfair trade practice.

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(a) No optical glasses or kindred products or other instruments to aid vision that are produced or reproduced to personalized given formulas, or plano cosmetic contact lenses shall be sold at retail except under the supervision of a licensed optician and in a registered optical establishment, office or store. An optical establishment, office or store is defined as meaning one the owner of which has had issued to him an optical license selling permit.

(b) Nothing in subsection (a) of this section shall be construed to limit the ability of a physician, licensed under chapter 370, who is trained and specializes in diseases of the eye or an optometrist, licensed under chapter 380, to dispense contact lenses.

(c) A violation of the provisions of subsection (a) of this section constitutes an unfair trade practice under subsection (a) of section 42-110b.

(1949 Rev., S. 4503; P.A. 80-484, S. 60, 176; P.A. 81-471, S. 37, 71; P.A. 82-116, S. 1, 2; P.A. 05-119, S. 1.)

History: P.A. 80-484 substituted “registered” optical establishments for “licensed” establishments and deleted reference to optical license processing permits; P.A. 81-471 deleted provision allowing sales under optical retail vendor permit which was eliminated in 1980; P.A. 82-116 limited the prohibition against sales at retail to glasses or optical goods made according to individual prescription; P.A. 05-119 designated existing provisions as Subsec. (a) and amended same by making a technical change and adding plano cosmetic contact lenses to retail sale prohibition, added Subsec. (b) excepting ophthalmologists and optometrists from prohibition and added Subsec. (c) making violation of prohibition an unfair trade practice.

Section relates to the filling of prescriptions and not to the making of them. 132 C. 35. Supervision by a physician in defendant's store does not comply with provision requiring a licensed optician. Id., 36.

Cited. 13 CS 147.


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