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NEWFOUNDLAND

AND

LABRADOR

REGULATION 38/07

Flea Markets Regulations

under the

Flea Markets Regulation Act

(O.C. 2007-145)

(Filed

March 28, 2007

Under the authority of

section 11 of the Flea Markets Regulation Act

, the Lieutenant-Governor in Council makes the following regulations.

Dated at

St. Johns

March 26, 2007

Robert C. Thompson

Clerk of the Executive Council

REGULATIONS

Analysis

Short title

Definitions

Prohibited goods

Prescribed goods

Vendor information about prescribed goods

Proof that vendor is authorized sales representative

Maintaining information provided to operator

Short title

These regulations may be cited as the Flea Markets Regulations

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Definitions

In these regulations

(a)

"Act" means the Flea Markets Regulation Act

; and

(b)

"authorized sales representative" means an authorized sales representative of a producer, manufacturer, wholesaler, distributor or retailer of goods.

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Prohibited goods

The following goods, whether used commercially manufactured or unused commercially manufactured, are prohibited goods:

(

a) razor blades;

(

b) vitamin supplements;

(

c) herbal supplements;

(

d) diagnostic tests;

(

e) drugs;

(

f) medicines, topical creams and therapeutic products; and

(

g) toiletry items, including

(

i) skin cream,

(ii)

toothpaste,

(iii)

teeth whitening products,

(iv)

deodorant,

(

v) perfume,

(vi)

cologne,

(vii)

cosmetics,

(viii)

hair products, and

(ix)

grooming products.

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Prescribed goods

Unused commercially manufactured goods that are not prohibited goods are prescribed goods.

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Vendor information about prescribed goods

(1) A vendor shall maintain all of the following information, and, where the vendor is participating in a commercial flea market, shall provide it in advance to the operator of the commercial flea market as required by subsection 4(3) of the Act, for prescribed goods that are sold or offered for sale by the vendor at the flea market:

(

a) the full name of the person from whom the vendor acquired the prescribed goods;

(

b) the civic and mailing address and telephone number of the person from whom the vendor acquired the prescribed goods;

(

c) a written and dated current inventory containing the quantity and description of the prescribed goods;

(

d) written proof of acquisition, signed and dated by both the operator and the vendor, where there is an operator, and by the vendor when there is no operator,

(

i) from the person from whom the vendor purchased the prescribed goods, if the vendor purchased the prescribed goods, showing

(

A) the date of acquisition,

(

B) an identification and description of the goods and the price paid for them, and

(

C) that the prescribed goods were lawfully purchased by the vendor, or

(ii)

if the vendor did not purchase the prescribed goods, showing

(

A) the date of acquisition,

(

B) an identification and description of the goods and the price paid for them, and

(

C) that the prescribed goods were lawfully purchased by the person from whom the vendor acquired the prescribed goods; and

(

e) where

the prescribed goods were not acquired from the producer, manufacturer, wholesaler, distributor or retailer of the goods, one of the following forms of identification from the person from whom the vendor acquired the prescribed goods:

(

i) the identification number from the persons valid drivers license,

(ii)

the identification number from the persons valid passport, or

(iii)

a copy of a government issued identification document that shows the persons name, civic and mailing address and photograph.

(2) A vendor shall maintain, and provide to the operator of the commercial flea market at the close of business each day, where the vendor is participating in a commercial flea market, a written report containing the quantity and description of the prescribed goods sold that day.

(3) A vendor shall maintain the information described in subsections (1) and (2) from the time that the prescribed goods are first offered for sale by the vendor at a flea market until one year after they are sold.

(4) Where

the person from whom a vendor acquires prescribed goods is a corporation, the identification information required to be maintained by the vendor under paragraph (1)(

e) is the identification information of an officer or authorized employee of the corporation.

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Proof that vendor is authorized sales representative

(1) A vendor who is an authorized sales representative for prohibited goods shall maintain a written document that

(

a) states the name, address and telephone number of the producer, manufacturer, wholesaler, distributor or retailer of the prohibited goods; and

(

b) is dated and signed by an officer or authorized employee of the producer, manufacturer, wholesaler, distributor or retailer of the prohibited goods within the previous 6 months confirming that the vendor is an authorized sales representative for the prohibited goods.

(2) Before a vendor who is an authorized sales representative for prohibited goods sells or offers for sale prohibited goods at a commercial flea market, the vendor shall provide to the operator of the commercial flea market the information required to be maintained under subsection (1).

(3) The vendor shall maintain the information described in subsection (1) from the time that the prohibited goods are first offered for sale by the vendor at a flea market until one year after they are sold.

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Maintaining information provided to operator

An operator shall maintain information provided to the operator under the Act and these regulations for 2 years.

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