(1) A person who is a secondhand dealer or a dealer and retailer of new goods and who sells goods at a flea market or similar facility shall not sell or offer for sale any of the following property items without proof of ownership:
(a) Baby food of a type usually consumed by children under three years of
age;
(b) Cosmetics;
(c) Devices;
(d) Drugs;
(e) Infant formula;
(f) Batteries; or
(g) Razor blades.
(2) A person required to have proof of ownership under subsection (1) of this
section shall make such proof of ownership available to any peace officer for
inspection at any reasonable time.
(3) For purposes of this section:
(a) Cosmetic means an article, or its components, intended to be rubbed,
poured, sprinkled, or sprayed on, introduced into, or otherwise applied to, the
human body, or any part of the human body, for cleansing, beautifying, promoting
attractiveness, or altering appearance. Cosmetic does not include soap.
(b) Device means an instrument, apparatus, implement, machine,
contrivance, implant, in vitro reagent, or other similar or related article, including a
component, part, or accessory, that is:
(I) Recognized in the official national formulary or the United States
pharmacopoeia, or any supplement to them;
(II) Intended for use in the diagnosis of disease or other condition, or in the
cure, mitigation, treatment, or prevention of disease in humans or animals; or
(III) Intended to affect the structure or any function of the body of humans or
animals and that does not achieve any of its principal intended purposes through
chemical action within or on the body of humans or animals and that is not
dependent upon being metabolized for the achievement of any of its principal
intended purposes.
(c) Drug means:
(I) Any article recognized in an official compendium of drugs;
(II) An article used or intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in humans or animals;
(III) An article, other than food, that is used or intended to affect the
structure or any function of the body of humans or animals; or
(IV) An article intended for use as a component of an article specified in
subparagraph (I), (II), or (III) of this paragraph (c).
(d) Infant formula means a food that purports to be or is represented for
special dietary use solely as a food for infants by reason of its simulation of human
milk or its suitability as a complete or partial substitute for human milk.
(e) Proof of ownership shall include:
(I) The name, address, telephone number, and signature of the seller or the
seller’s authorized representative;
(II) The name and address of the buyer or consignee if not sold; and
(III) A description and quantity of the product.
(4) A violation of this section is a petty offense.
L. 2006: Entire section added, p.1276, § 1, effective July 1. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3216, § 365, effective March 1, 2022.
