What kind of stupid, horrible parent would allow their child to put a tiny turtle or tortoise in their mouth? That falls under the category of bad parenting, and I think that in this day and age we should see it and judge it as such. There are people out there that would love to say it's the fault of the person who sold the reptile because it is so tiny, but people have to start taking responsibility for their dumb acts.
If the kid's dog were to crap in their backyard and the child put the dog crap in his mouth, would the dog be persecuted for pooping small enough for a child to fit it in his/her mouth?
The law just doesn't make sense, and I would never support it except as a means of weeding out the horrible petshops and of course, the carnivals, china town, etc.
There are some local shops here that do in fact sell tortoises as hatchlings and have been visited by the DEC (or whatever branch is responsible for that). They were actually getting in trouble for some hatchling red-eared sliders that weren't even for sale (their adult sliders apparently had babies, so they have them in a beautiful display). The DEC couldn't have cared less that they were selling land tortoises at 1.5-2"
I think that the law should be taken away. I think that if there is evidence that animals aren't being treated well (or children for that matter) they should deal with that problem instead of instituting laws to tip-toe around the real problem.