Analysis

Topic: Flea Markets
Sponsor: Representative Garcia
Committee: Senate Judiciary
Date Passed the House: May 30, 2000
Date of Analysis: September 22, 2000

The bill amends the Michigan Penal Code by making the sale of certain items at an unused property market (swap meet or flea market) a misdemeanor. Penalties include imprisonment for not more than 93 days, a fine of not more than $1,000, or both. These items include:

- Food manufactured, packaged, and labeled specifically for sale or consumption by children less than 2 years of age.
- A Non-prescription drug which is past its expiration date.
- A medical device.

The prohibition does not apply if the unused property merchant who sells the items is authorized in writing to sell the item at retail by the manufacturer or manufacturer's authorized distributor. Use of a forged authorization is also be a misdemeanor.

An unused property merchant is required to obtain and retain for not less than 2 years a purchase receipt for each item of new and unused property acquired. It is a misdemeanor to falsify or obliterate a receipt, refuse or fail to make a receipt available to a law enforcement officer within a reasonable time, and to destroy or dispose of receipt before the end of the 2 year retention period.

The bill does not apply to vehicles subject to the registration and certificate of title requirements of the Michigan Vehicle Code; firewood, ice, or livestock, unused antique property; arts, crafts, or similar merchandise; and personal property sold for future delivery solely by use of a sample of the property, a catalog, or a brochure.