18-29-201. Definitions.

18-29-201. Definitions. As used in this subchapter: (1) “Baby food” or “infant formula” means any food manufactured, packaged, and labeled specifically for sale for consumption by a child under the age of two (2) years; (2) “Medical device” means any instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, tool, or other similar or related article, including any component part or accessory, required under federal law to bear the label “Caution: Federal law requires dispensing by or on the order of a physician” or which is defined by federal law as a medical device and which is intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment, or prevention of disease in man or other animals or is intended to affect the structure or any function of the body of a human or other animals, which does not achieve any of its principal intended purposes through chemical action within or on the body of a human or other animals and which is not dependent upon being metabolized for achievement of any of its principal intended purposes; (3) “New and unused property” means tangible personal property that was acquired by the unused property merchant directly from the producer, manufacturer, wholesaler, or retailer in the ordinary course of business which has never been used since its production or manufacturing or which is in its original and unopened package or container, if the personal property was so packaged when originally produced or manufactured; (4)(A) “Nonprescription drug” and “over-the-counter drug” mean any nonnarcotic medicine or drug that may be sold without a prescription and is prepackaged for use by the consumer, prepared by the manufacturer or producer for use by the consumer, properly labeled and unadulterated in accordance with the requirements of the state food and drug laws and the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq. (B) The term “nonprescription drug” shall not include herbal products, dietary supplements, botanical extracts, or vitamins; (5)(A) “Unused property market” means any event at which: (i) Two (2) or more persons offer personal property for sale or exchange; (ii) A fee is charged for sale or exchange of personal property; (iii) A fee is charged to prospective buyers for admission to the area at which personal property is offered or displayed for sale or exchange; or (iv) Personal property is offered or displayed for sale or exchange if the event is held more than six (6) times in any twelve-month period, regardless of the number of persons offering or displaying personal property or the absence of fees. (B)(i) The term “unused property market” is interchangeable with and applicable to “swap meet”, “indoor swap meet”, “flea market”, and other similar terms regardless of whether these events are held inside a building or outside in the open. (ii) The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business. (C) The term “unused property market” does not mean and shall not apply to: (i) An event which is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, or charitable purposes, provided that no part of any admission fee or parking fee charged vendors or prospective purchasers or the gross receipts or net earnings from the sale or exchange of personal property, whether in the form of a percentage of the receipts or earnings, as salary, or otherwise, inures to the benefit of any private shareholder or person participating in the organization or conduct of the event; or (ii) Any event at which all of the personal property offered for sale or displayed is new and all persons selling, exchanging, or offering or displaying personal property for sale or exchange are manufacturers or authorized representatives of manufacturers or distributors; and (6) “Unused property merchant” means any person, other than a vendor or merchant with an established retail store in the county, who transports an inventory of goods to a building, vacant lot, or other unused property market location and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail.