This is an official version. Copyright © 2007: Queen's Printer, Important Information
Newfoundland
and Labrador
Flea Markets Regulations (Filed Under the authority of
section 11 of the Flea Markets Regulation
Act, the Lieutenant-Governor in Council makes the following regulations. Dated at Robert C. Thompson 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 person's valid driver's license,
(ii) the identification number from the person's valid passport, or (iii) a copy of a government issued identification document that shows
the person's 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. ©Earl G. Tucker,
Queen's Printer |