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HOUSE DOCKET, NO. 3551 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 376
The Commonwealth of Massachusetts
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PRESENTED BY:
Colleen M. Garry
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act restricting the sale of certain items at flea markets.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Colleen M. Garry36th Middlesex1/17/2025 1 of 2
HOUSE DOCKET, NO. 3551 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 376
By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 376) of Colleen
M. Garry for legislation to restrict sales of certain items and products at flea markets, so-called.
Consumer Protection and Professional Licensure.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 308 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act restricting the sale of certain items at flea markets.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 101 of the General Laws, as appearing in the 2020 Official Edition, is hereby
2amended by deleting section 18A and inserting in place thereof the following section:—
3 Section 18A. (A) No person, except an authorized manufacturer’s or distributor’s
4representative possessing on his or her person written proof of that authorization for public retail
5sales, shall sell, offer for sale, or knowingly permit the sale at any flea market, so-called, any of
6the following items:
7 (i) food manufactured and packaged for sale for consumption by a child under the age of
8two years;
9 (ii) drugs and cosmetics, as those terms are defined in section one of chapter ninety-four; 2 of 2
10 (iii) any product which has an expiration date.
11 (B) In this section, “manufacturer’s or distributor’s representative” shall mean a person
12who has on his person and available for public inspection written proof that he or she is
13authorized by the manufacturer or distributor for the public retail sale of those products which
14are offered for sale. Such credentials shall include the seller’s name and may include a date upon
15which such authorization shall expire.
16 (C) In this section, “flea market” shall mean any location other than a permanent retail
17store at which space is rented or otherwise made available to others for the conduct of business
18as transient or limited vendors; Transient or limited vendors shall not include those persons who
19sell by sample, catalogue or brochure for future delivery, or those persons who make sales
20presentations pursuant to a prior invitation issued by the owner or the legal occupant of the
21premises.
22 (D) Any person who violates the provisions of this section shall be punished by a fine of
23not less than $100 or more than $1,000 per violation. The sale of each product unit shall
24constitute a separate offense, and all such product shall be seized and forfeited to the
25Massachusetts Department of Public Health.
26 (E) The presenting of credentials pursuant to the requirements of this section which are
27false, fraudulent, forged, fraudulently obtained or the nature of which is misrepresented shall also
28be considered a prohibited act punishable by the same means as subsection (D) of this section.
29 (F) The appropriate law enforcement agency investigating any violation of this Act shall
30maintain a record of such violation available for public inspection.