Bill > H191

This bill proposes to amend Chapter 101 of the General Laws to restrict the sale of certain items at flea markets, which are defined as locations other than permanent retail stores where space is rented to temporary or limited vendors. Specifically, it will prohibit the sale of food manufactured for children under two years old, drugs and cosmetics as defined by law, and any product with an expiration date, unless the seller is an authorized representative of the manufacturer or distributor who has written proof of this authorization readily available for inspection. The bill also clarifies that "manufacturer's or distributor's representative" means someone with written proof of authorization for public retail sales, and that transient vendors who sell by sample or catalog for future delivery, or who make sales presentations by prior invitation, are not included in this restriction. Violators will face fines ranging from $100 to $1,000 per violation, with each product unit sold counting as a separate offense, and the products will be seized and forfeited to the Massachusetts Department of Public Health. Presenting false or fraudulent credentials will also be a punishable offense, and law enforcement agencies will maintain public records of violations.