SENATE, No. 1573

STATE OF NEW JERSEY

INTRODUCED OCTOBER 3, 1996

By Senator KYRILLOS

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:

    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; or

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

    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.

STATEMENT

    This bill prohibits the sale of food products, intended for consumption by infants, and non-prescription drugs, subject to federal expiration dating requirements, at flea markets or other venues utilized by itinerant vendors. The bill supplements the "consumer fraud act" and the penalties and sanctions pursuant to that act apply to the provisions of this bill, including the penalties of up to $7,500 for the first offense and up to $15,000 for the second and subsequent offenses.

Prohibits the sale of baby food and certain non-prescription drugs by itinerant vendors.