§ 358-Q:1 — Restriction on Sale of Certain Items

New Hampshire § 358-Q:1

• Jurisdiction: New Hampshire
• Title XXXI: TRADE AND COMMERCE
• Ch. 358-Q: SALE OF CERTAIN ITEMS

Text

I. In this section "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 limited vendors. This term shall not include those persons who sell by sample, catalog, or brochure for future delivery, or those persons who make sales presentations pursuant to a prior invitation issued by the owner or the legal occupant of the premises.
II. No person shall sell, offer for sale, or permit the sale at any flea market of the following products:
(a) Infant formula.
(b) Food manufactured and packaged for sale and consumption by a child under 2 years of age, for which the expiration date has passed.
(c) Drugs, as defined in RSA 146:2, II(1) and (2); provided that this subparagraph shall not include durable medical equipment.
III. Any other product being offered for sale at a flea market beyond the expiration date shall be clearly marked indicating that the sale expiration date has passed and should be noted by the buyer.
IV. Any person who violates any provisions of this chapter shall be punished by a fine of up to $100 for each violation.

Legislative History

1997, 224:1, eff. Jan. 1, 1998.