PRINTER'S NO. 895
No. 768 Session of 2003
INTRODUCED BY BUNT, DAILEY, CLYMER AND McILHINNEY, MARCH 6, 2003
REFERRED TO COMMITTEE ON COMMERCE, MARCH 6, 2003
AN ACT
1 Amending the act of June 22, 2000 (P.L.367, No.46), entitled "An
2 act regulating the sale of unused property; requiring unused
3 property merchants to maintain certain receipts; and
4 prescribing penalties," further providing for short title,
5 for definitions, for certain sales at unused property markets
6 prohibited and for receipts.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 1, 2, 3 and 4 of the act of June 22,
10 2000 (P.L.367, No.46), known as the Unused Property Market Act,
11 are amended to read:
12 Section 1. Short title.
13 This act shall be known and may be cited as the Unused
14 Property [Market] Act.
15 Section 2. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Baby food." Any food manufactured, packaged and labeled
20 specifically for sale for consumption by a child under two years
1 of age. The term includes infant formula.
2 "Medical device." An instrument, apparatus, implement,
3 machine, contrivance, implant, in vitro reagent, tool or other
4 similar or related article, including any component part or
5 accessory:
6 (1) Required under Federal law to bear the label
7 "Caution: Federal law requires dispensing by or on the order
8 of a physician" or which is defined by Federal law as a
9 medical device.
10 (2) Which is intended for use in the diagnosis of
11 disease or other conditions or in the cure, mitigation,
12 treatment or prevention of disease in man or animals or is
13 intended to affect the structure or any function of the body
14 of man or animals.
15 (3) Which does not achieve any of its principal intended
16 purposes through chemical action within or on the body of man
17 or animal.
18 (4) Which is not dependent upon being metabolized for
19 achievement of any of its principal intended purposes.
20 "New and unused property." Tangible [personal property]
21 business inventory that was acquired by an unused property
22 merchant directly from the producer, manufacturer, wholesaler or
23 retailer in the ordinary course of business which has never been
24 used since its production or manufacture or which is in its
25 original and unopened package or container if such [personal
26 property] business inventory was so packaged when originally
27 produced or manufactured.
28 "Nonprescription drug." Any nonnarcotic medicine or drug
29 that may be sold without a prescription and is prepackaged for
30 use by the consumer, prepared by the manufacturer or producer
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1 for use by the consumer, properly labeled and unadulterated in
2 accordance with the requirements of the Federal Food, Drug, and
3 Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) and the
4 State food and drug laws. The term includes any herbal product,
5 dietary supplement, botanical extract or vitamin.
6 "Unused property market."
7 [(1) An event at which:
8 (i) two or more persons offer personal property for
9 sale or exchange and charge a fee for sale or exchange of
10 personal property or charge a fee to prospective buyers
11 for admission to the area at which personal property is
12 offered or displayed for sale or exchange; or
13 (ii) persons offer or display personal property if
14 the event is held more than six times in any 12-month
15 period.
16 The term includes an indoor swap meet, flea market or other
17 similar terms regardless of whether the event is held inside
18 a building or outside in the open as long as the event
19 involves a series of sales sufficient in number, scope and
20 character to constitute a regular course of business.
21 (2) The term does not include:
22 (i) an event that is organized for the exclusive
23 benefit of a community chest, fund, foundation,
24 association or corporation organized and operated for
25 religious, educational or charitable purposes, provided
26 that no part of any admission fee or parking fee charged
27 vendors or prospective purchasers or the gross receipts
28 or net earnings from the sale or exchange of personal
29 property, whether in the form of a percentage of the
30 receipts or earnings, as salary or otherwise, inures to
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1 the benefit of any private shareholder or person
2 participating in the organization or conduct of the
3 event; or
4 (ii) an event at which all of the personal property
5 offered for sale or displayed is new and all persons
6 selling, exchanging or offering or displaying personal
7 property for sale or exchange are manufacturers or
8 authorized representatives of manufacturers or
9 distributors.] Any shopping center, store, retail
10 establishment, independent retailer, flea market, swap
11 meet, farmers market, group of individuals, other
12 location or event at which unused property may be offered
13 for sale or exchange.
14 "Unused property merchant." [A person, other than a vendor
15 or merchant with an established retail store in the county where
16 the unused property is offered for sale, who transports an
17 inventory of goods to a building, vacant lot or other unused
18 property market location and who, at that location,] Any person,
19 individual, group of individuals, store, merchant or vendor who
20 at any location, offers such goods for sale displays the goods
21 for sale and sells the goods at retail or offers the goods for
22 sale at retail.
23 Section 3. Certain sales at unused property markets prohibited.
24 [(a) General rule.--No unused property merchant may offer at
25 an unused property market for sale or knowingly permit the sale
26 of baby food, cosmetics or personal care products or any
27 nonprescription drug or medical device.
28 (b) Applicability.--This section shall not apply to a person
29 who keeps available for public inspection a written
30 authorization identifying that person as an authorized
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1 representative of the manufacturer or distributor of such
2 product as long as the authorization is not false, fraudulent or
3 fraudlently obtained.] No unused property merchant may offer new
4 and unused property for sale or display unless the unused
5 property merchant keeps available for inspection by authorities
6 or makes available for inspection by authorities within 48
7 hours, a written authorization identifying that person as an
8 authorized representative of the manufacturer or that the person
9 is a distributor of such product as long as the authorization is
10 not false, fraudulent or fradulently obtained.
11 Section 4. Receipts.
12 An unused property merchant shall maintain receipts [for the
13 purchase of new and unused property.] and make available for
14 inspection to authorities within 48 hours of the request,
15 receipts for the purchase of baby food, medical devices, new and
16 unused property or nonprescription drugs offered or displayed
17 for sale. The receipts shall contain all of the following
18 information:
19 (1) The date of the transaction.
20 (2) The name and address of the person, corporation or
21 entity from whom the new and unused property was acquired.
22 (3) An identification and description of the [new and
23 unused property acquired.] product. In the event the product
24 was purchased as part of a case load, box lot or trailer load
25 with an unknown inventory, the same shall be noted on the
26 receipt.
27 (4) The price paid for the new and unused property.
28 [(5) The signature of the seller and buyer of the new
29 and unused property.]
30 Section 2. This act shall apply to all new and unused
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1 property purchased or acquired on or after the effective date of
2 this act.
3 Section 3. This act shall take effect in 60 days.
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