CHAPTER 295

An Act concerning certain itinerant vendors and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

C.56:8-2.24 Items prohibited from sale by itinerant vendor.

    1.    It shall be an unlawful practice for an itinerant vendor to sell or offer to sell any of the following items:

    a.    Food manufactured and packaged for sale for consumption by a minor under the age of two years;

    b.    Any non-prescription drug subject to expiration dating requirements issued by the federal Food and Drug Administration; or

    c.    Any cosmetic as defined in subsection h. of R.S.24:1-1.

    For purposes of this section, "itinerant vendor" means any merchant other than a merchant with an established retail store, who transports merchandise to a building, vacant lot or other location where it is sold or offered for sale, including a location where a fee is charged for the privilege of offering or displaying merchandise for sale or where a fee is charged to prospective buyers for admission to the area where merchandise is offered or displayed for sale, but shall not include persons who: sell by sample, catalog or brochure for future delivery; make sale presentations pursuant to a prior invitation issued by the owner or legal occupant; or are an authorized manufacturer's representative or authorized distributor.

    2.    This act shall take effect on the 90th day following enactment.

    Approved January 8, 1998.