This is an official version.

Copyright © 2007: Queen's Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Newfoundland and Labrador
Regulation 2007


NEWFOUNDLAND AND LABRADOR REGULATION 38/07

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. Johnís, March 26, 2007.

Robert C. Thompson
Clerk of the Executive Council

REGULATIONS

Analysis


††††††† 1. Short title

††††††† 2. Definitions

††††††† 3. Prohibited goods

††††††† 4. Prescribed goods

††††††† 5. Vendor information about prescribed goods

††††††† 6. Proof that vendor is authorized sales representative

††††††† 7. Maintaining information provided to operator


Short title

††††††† 1. These regulations may be cited as the Flea Markets Regulations.

Definitions

††††††† 2. 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.

Prohibited goods

††††††† 3. 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.

Prescribed goods

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

Vendor information about prescribed goods

††††††† 5. (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 personís valid driverís license,

†††††††††††††††††††† (ii)the identification number from the personís valid passport, or

††††††††††††††††††† (iii)a copy of a government issued identification document that shows the personís 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.

Proof that vendor is authorized sales representative

††††††† 6. (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.

Maintaining information provided to operator

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