Pennsylvania Act 2000-46 — UNUSED PROPERTY MARKET ACT

Act text

UNUSED PROPERTY MARKET ACT
                  Act of Jun. 22, 2000, P.L. 367, No. 46              Cl. 35
                                  AN ACT

     Regulating the sale of unused property; requiring unused
        property merchants to maintain certain receipts; and
        prescribing penalties.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Unused
     Property Market Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Baby food."  Any food manufactured, packaged and labeled
     specifically for sale for consumption by a child under two years
     of age. The term includes infant formula.
        "Medical device."  An instrument, apparatus, implement,
     machine, contrivance, implant, in vitro reagent, tool or other
     similar or related article, including any component part or
     accessory:
            (1)  Required under Federal law to bear the label
        "Caution: Federal law requires dispensing by or on the order
        of a physician" or which is defined by Federal law as a
        medical device.
            (2)  Which is intended for use in the diagnosis of
        disease or other conditions or in the cure, mitigation,
        treatment or prevention of disease in man or animals or is
        intended to affect the structure or any function of the body
        of man or animals.
            (3)  Which does not achieve any of its principal intended
        purposes through chemical action within or on the body of man
        or animal.
            (4)  Which is not dependent upon being metabolized for
        achievement of any of its principal intended purposes.
        "New and unused property."  Tangible personal property that
     was acquired by an unused property merchant directly from the
     producer, manufacturer, wholesaler or retailer in the ordinary
     course of business which has never been used since its
     production or manufacture or which is in its original and
     unopened package or container if such personal property was so
     packaged when originally produced or manufactured.
        "Nonprescription drug."  Any nonnarcotic medicine or drug
     that may be sold without a prescription and is prepackaged for
     use by the consumer, prepared by the manufacturer or producer
     for use by the consumer, properly labeled and unadulterated in
     accordance with the requirements of the Federal Food, Drug, and
     Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) and the
     State food and drug laws. The term includes any herbal product,
     dietary supplement, botanical extract or vitamin.
        "Unused property market."
            (1)  An event at which:
                (i)  two or more persons offer personal property for
            sale or exchange and charge a fee for sale or exchange of
            personal property or charge a fee to prospective buyers
            for admission to the area at which personal property is
            offered or displayed for sale or exchange; or
                (ii)  persons offer or display personal property if
            the event is held more than six times in any 12-month
            period.
        The term includes an indoor swap meet, flea market or other
        similar terms regardless of whether the event is held inside
        a building or outside in the open as long as the event
        involves a series of sales sufficient in number, scope and
        character to constitute a regular course of business.
            (2)  The term does not include:
                (i)  an event that is organized for the exclusive
            benefit of a community chest, fund, foundation,
            association or corporation organized and operated for
            religious, educational or charitable purposes, provided
            that no part of any admission fee or parking fee charged
            vendors or prospective purchasers or the gross receipts
            or net earnings from the sale or exchange of personal
            property, whether in the form of a percentage of the
            receipts or earnings, as salary or otherwise, inures to
            the benefit of any private shareholder or person
            participating in the organization or conduct of the
            event; or
                (ii)  an event at which all of the personal property
            offered for sale or displayed is new and all persons
            selling, exchanging or offering or displaying personal
            property for sale or exchange are manufacturers or
            authorized representatives of manufacturers or
            distributors.
        "Unused property merchant."  A person, other than a vendor or
     merchant with an established retail store in the county where
     the unused property is offered for sale, who transports an
     inventory of goods to a building, vacant lot or other unused
     property market location and who, at that location, displays the
     goods for sale and sells the goods at retail or offers the goods
     for sale at retail.
     Section 3.  Certain sales at unused property markets prohibited.
        (a)  General rule.--No unused property merchant may offer at
     an unused property market for sale or knowingly permit the sale
     of baby food, cosmetics or personal care products or any
     nonprescription drug or medical device.
        (b)  Applicability.--This section shall not apply to a person
     who keeps available for public inspection a written
     authorization identifying that person as an authorized
     representative of the manufacturer or distributor of such
     product as long as the authorization is not false, fraudulent or
     fraudulently obtained.
     Section 4.  Receipts.
        An unused property merchant shall maintain receipts for the
     purchase of new and unused property. The receipts shall contain
     all of the following information:
            (1)  The date of the transaction.
            (2)  The name and address of the person, corporation or
        entity from whom the new and unused property was acquired.
            (3)  An identification and description of the new and
        unused property acquired.
            (4)  The price paid for the new and unused property.
            (5)  The signature of the seller and buyer of the new and
        unused property.
     Section 5.  Violation of act.
        It is a violation of this act for an unused property merchant
     required to maintain receipts under section 4 to knowingly:
            (1)  falsify, obliterate or destroy a receipt;
            (2)  refuse or fail upon request to make a receipt
        available for inspection within a period of time which is
        reasonable under the individual circumstances surrounding the
        request, provided, however, nothing contained in this section
        shall be construed to require the unused property merchant to
        possess a receipt on or about his person without reasonable
        notice; or
            (3)  fail to maintain the receipts required by section 4
        for at least two years.
     Section 6.  Penalties.
        A person who violates any provision of this act commits:
            (1)  For a first or second violation, a summary offense.
            (2)  For a third or subsequent violation, a misdemeanor
        of the third degree.
     Section 7.  Applicability.
        The provisions of this act shall not apply to:
            (1)  The sale of a motor vehicle or trailer that is
        required to be registered or is subject to the certificate of
        title laws of this Commonwealth.
            (2)  The sale of wood for fuel, agricultural or
        horticultural produce or livestock.
            (3)  Business conducted in any industry or association
        trade show.
            (4)  Property, although never used, whose style,
        packaging or material clearly indicates that the property was
        not produced or manufactured within recent times.
            (5)  Anyone who sells by sample, catalog or brochure for
        future delivery.
            (6)  The sale of arts or crafts by a person who produces
        the arts or crafts.
            (7)  Persons who make sales presentations pursuant to a
        prior individualized invitation issued to the consumer by the
        owner or legal occupant of the premises.
     Section 8.  Transactions covered.
        This act shall apply to all new and unused property purchased
     or acquired on or after the effective date of this act.
     Section 9.  Effective date.
        This act shall take effect in 60 days.