This act [57-9A-1 to 57-9A-6 NMSA 1978] may be cited as the “Unused Merchandise Ownership Protection Act”. History: Laws 1999, ch. 247, § 1. ANNOTATIONS Effective dates. — Laws 1999, ch. 247, § 7, made the Unused Merchandise Ownership Protection Act effective July 1, 1999.
As used in the Unused Merchandise Ownership Protection Act: A. “open market” may include a “swap meet”, an “indoor swap meet” or a “flea market” and means an event at which two or more persons offer personal property for sale or exchange and either: (1) a fee is charged for those persons selling or exchanging […]
A. It is a violation of the Unused Merchandise Ownership Protection Act for a vendor of unused merchandise to sell or offer for sale any baby food or infant formula, cosmetic, drug or medical device at an open market without displaying a written valid authorization from the manufacturer or distributor of the merchandise. The authorization […]
A. A vendor of unused merchandise shall maintain receipts for the vendor’s purchase of any unused merchandise sold or offered for sale by the vendor at an open market. The receipts shall be kept at the open market in which the unused merchandise is offered for sale and at the vendor’s residence or principal place […]
A. The following persons are exempt from the provisions of the Unused Merchandise Ownership Protection Act: (1) a vendor at an event organized or operated for religious, educational, charitable or other nonprofit purposes if no part of any admission fee or parking fee charged vendors or prospective purchasers and no part of the gross receipts […]
A person who violates any provision of the Unused Merchandise Ownership Protection Act is guilty of a misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978. History: Laws 1999, ch. 247, § 6. ANNOTATIONS Effective dates. — Laws 1999, ch. 247, § 7, made the Unused Merchandise Ownership Protection Act effective July […]
