Substitute Senate Bill No. 1103

Public Act No. 99-98

An Act Restricting the Sale of Certain Products at Flea Markets.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

(NEW) (a) As used in this section:

(1) "Flea market" means any location other than a permanent retail store at which space is rented or otherwise made available to others for the conduct of business as transient or itinerant vendors, but does not include the location of (A) any sale by sample, catalog or brochure for future delivery, or (B) any sale or sales presentation pursuant to a prior invitation issued by the owner or legal occupant of the premises; and

(2) "Manufacturer's or distributor's representative" means any person authorized by a manufacturer or distributor of any drug, as defined in section 21a-92 of the general statutes, to offer or sell any such product to the public at retail.

(b) No person, except a manufacturer's or distributor's representative, shall sell, offer for sale or knowingly permit the sale of any drug, as defined in section 21a-92 of the general statutes, at any flea market.

(c) Any manufacturer's or distributor's representative, when selling or offering for sale any drug, as defined in section 21a-92 of the general statutes, at any flea market shall carry on such representative's person written credentials indicating that such manufacturer's or distributor's representative is authorized by the manufacturer or distributor of such drug to engage in the retail sale of such drug to the public. Such credentials shall be made available for inspection by any interested person upon the request of such person. Such credentials shall include the name of the manufacturer's or distributor's representative and may include the date, if any, on which such credentials expire.

(d) No person shall present credentials required under subsection (c) of this section that are false, misleading or fraudulently obtained.

(e) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to carry out the provisions of this section.

(f) Any person who violates any provision of this section, or any regulation adopted under this section, shall be fined not more than one hundred dollars.

Approved June 3, 1999