The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act restricting the sale of certain items at flea markets. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION
1. Chapter 101 of the General Laws, as appearing in the 2000 Official Edition,
is hereby amended by deleting section 18A and inserting in place thereof the
following section:—
Section 18A. (A) No person, except an authorized manufacturer’s or
distributor’s representative possessing on his or her person written proof of
that authorization for public retail sales, shall sell, offer for sale, or
knowingly permit the sale at any flea market, so-called, any of the following
items:
(i) food manufactured and packaged for sale for consumption by a child under
the age of five years;
(ii) drugs and cosmetics, as those terms are defined in section one of chapter
ninety-four;
(iii) any product which has an expiration date.
(B) In this section, “manufacturer’s or distributor’s representative” shall
mean a person who has on his person and available for public inspection written
proof that he or she is authorized by the manufacturer or distributor for the
public retail sale of those products which are offered for sale. Such
credentials shall include the seller’s name and may include a date upon which
such authorization shall expire.
(C) In this section, “flea market” shall mean any location other than a permanent
retail store at which space is rented or otherwise made available to others for
the conduct of business as transient or limited vendors; Transient or limited
vendors shall not include those persons who sell by sample, catalogue or
brochure for future delivery, or those persons who make sales presentations
pursuant to a prior invitation issued by the owner or the legal occupant of the
premises.
(D) Any person who violates the provisions of this section shall be punished by
a fine of not less than $100 or more than $1,000 per violation. The sale of
each product unit shall constitute a separate offense, and all such product
shall be seized and forfeited to the Massachusetts Department of Public Health.
(E) The presenting of credentials pursuant to the requirements of this section
which are false, fraudulent, forged, fraudulently obtained or the nature of
which is misrepresented shall also be considered a prohibited act punishable by
the same means as subsection (D) of this section.
(F) The appropriate law enforcement agency investigating any violation of this
Act shall maintain a record of such violation available for public inspection.