Texas § 201.003 SALE OF CERTAIN ITEMS PROHIBITED.

Texas Statutes

§ 201.003 — SALE OF CERTAIN ITEMS PROHIBITED.

Texas § 201.003

Code BCBusiness & Commerce Code

This text of Texas § 201.003 (SALE OF CERTAIN ITEMS PROHIBITED.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Business & Commerce Code Code Ann. § 201.003 (2026).

Text

Sec. 201.003. SALE OF CERTAIN ITEMS PROHIBITED.

(a)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.

(b)It is a defense to prosecution under this section that the person selling the item:

(1)is authorized in writing to sell the item at retail by the manufacturer of the item or the manufacturer's authorized distributor and the authorization states the person's name; and

(2)provides the authorization for examination by any person at the flea market who requests to see the authorization.

(c)It is a defense to prosecution under

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Sec. 201.003. SALE OF CERTAIN ITEMS PROHIBITED. (a) 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.
(b) It is a defense to prosecution under this section that the person selling the item:
(1) is authorized in writing to sell the item at retail by the manufacturer of the item or the manufacturer's authorized distributor and the authorization states the person's name; and
(2) provides the authorization for examination by any person at the flea market who requests to see the authorization.
(c) It is a defense to prosecution under this section that 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.
(d) An offense under this section is a misdemeanor punishable by a fine not to exceed $100.
(e) The penalty provided by this section is in addition to any other sanction provided by law.