Restricting the sale of certain items at flea markets
Impact
The primary impact of HB 308 is on the regulatory landscape surrounding flea markets, enhancing consumer protection by ensuring unsafe or expired items are not sold. This measure reflects a significant shift in state law as it permits law enforcement agencies to issue fines ranging from $100 to $1,000 for violations, with each infraction pertaining to individual product units sold. Additionally, any misrepresentation of credentials related to authorized sales can lead to further penalties.
Summary
House Bill 308 is an act aimed at restricting the sale of certain items at flea markets within the Commonwealth of Massachusetts. It introduces new regulations concerning the types of products that can be sold in such venues. Specifically, the bill prohibits the sale of food intended for children under the age of two, drugs and cosmetics, as well as any products that have an expiration date unless the seller is an authorized representative of the manufacturer or distributor. This authorization must be documented and available for inspection at the time of sale.
Contention
Notable points of contention surrounding HB 308 largely revolve around the potential implications for small vendors who operate at flea markets. Critics may argue that such restrictions could negatively affect local economies, making it harder for small, transient businesses to operate effectively without incurring fines. Proponents of the bill, on the other hand, advocate for the importance of consumer safety, particularly regarding products aimed at vulnerable populations like young children. The balance between consumer protection and support for small businesses remains a central theme in discussions about the bill.
Provides that any person who has a retail sales permit would not be required to pay a separate registration fee to make sales at flea markets; provided, however, the person would remain responsible to pay all taxes due as a result of sales at a flea mkt.