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Texas Business & Commerce Code - Section 35.55. Sale Of Items At Flea Market

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 35.55. Sale Of Items At Flea Market

§ 35.55. SALE OF ITEMS AT FLEA MARKET.  (a) In this 
section, "flea market" means a location at which booths or similar 
spaces are rented or otherwise made available temporarily to two or 
more persons and at which the persons offer tangible personal 
property for sale.
	(b)  In addition to any other sanctions provided by law, a 
person commits an offense if the person sells or offers for sale at 
a flea market:
		(1)  infant formula or baby food of a type usually 
consumed by children younger than two years of age;
		(2)  a drug, as defined by Section 431.002, Health and 
Safety Code;  or     
		(3)  contact lenses, including disposable contact 
lenses.                   
	(c)  A person does not commit an offense under this section 
solely because the person provides spaces at a flea market.
	(d)  It is a defense to prosecution under Subsection (b) 
that:               
		(1)  the person selling the item:                                             
			(A)  is authorized in writing to sell the item at 
retail by the manufacturer of the item or the manufacturer's 
authorized distributor;
			(B)  the authorization states the person's name;  
and                      
			(C)  the person provides for examination the 
authorization to any person at the flea market who requests to see 
the authorization;  or
		(2)  only a sample of the item or a catalog or brochure 
displaying the item was available at the flea market and the item 
sold was not delivered to the buyer at the flea market.
	(e)  A person commits an offense if the person provides to 
another person an authorization under Subsection (d)(1) and:
		(1)  the authorization is forged or contains a false 
statement;  or         
		(2)  the person displaying the authorization obtained 
the authorization by fraud.
	(f)  An offense under this section is a misdemeanor 
punishable by a fine of not more than $100.
	(g)  A law enforcement agency investigating a violation of 
this section shall maintain a record of the investigation.  The 
record is public information.
	(h)  This section does not apply to the sale or offer for sale 
of a nutritional supplement or vitamin.

Added by Acts 1999, 76th Leg., ch. 694, § 1, eff. Sept. 1, 1999.           

Last modified: August 10, 2007