Flea markets; proof of ownership, receipts, returns.

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134.715 Flea markets; proof of ownership, receipts, returns.

(1) Definitions. In this section:

(a) “Cosmetic" means an article intended to be applied to the human body for cleansing, beautifying, or altering appearance, but does not include soap.

(b) “Device" has the meaning given in s. 450.01 (6).

(c) “Drug" has the meaning given in s. 450.01 (10).

(d) “Infant formula" means a food that is intended for consumption by infants.

(e) “Proof of ownership" means all of the following information:

1. The name, address, and telephone number of the person that supplied the merchandise or a representative of the person that supplied the merchandise.

2. The name and address of the person that received the merchandise from the person who supplied the merchandise.

3. A description of the product, including the quantity of the product received from the person who supplied the merchandise.

(2) Proof required.

(a) A person engaged in the sale of used or new goods at a flea market or at a similar facility may not sell any of the following merchandise, unless the person has proof of ownership of the merchandise:

1. Baby food of a type usually consumed by children under 3 years of age.

2. Cosmetics.

3. Devices.

4. Drugs.

5. Infant formula.

6. Batteries.

7. Razor blades.

(b) A person required to have proof of ownership under this section shall make proof of ownership available for inspection by a law enforcement officer at any reasonable time.

(3) Penalty. A person who violates this section may be fined not more than $500 or imprisoned for not more than 30 days or both.

History: 2011 a. 174.


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