HBA-ATS, RBT H.B. 749 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 749 By: Van de Putte Business & Industry 6/3/1999 Enrolled BACKGROUND AND PURPOSE Flea markets can be an outlet for the sale of stolen merchandise, including baby formula and other perishables. These items may be sold at such venues after the manufacturers' recommended freshness date. In addition, with inappropriate handling, food perishables can be contaminated or rendered unfit for consumption. H.B. 749 prohibits the sale at flea markets of infant formula or baby food typically consumed by children younger than two years of age, drugs, and contact lenses. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter D, Chapter 35, Business & Commerce Code, by adding Section 35.55, as follows: Sec. 35.55. SALE OF ITEMS AT FLEA MARKET. (a) Defines "flea market." (b) Provides that a person commits a misdemeanor with a maximum punishment of a $100 fine if a person sells or offers for sale at a flea market infant formula or baby food of a type usually consumed by children younger than two years old, a drug, as defined by Section 431.002 (Definitions), Health and Safety Code, or contact lenses, including disposable contact lenses. (c) Provides that a person does not commit an offense solely because the person provides space at a flea market. (d) Provides that it is a defense to a prosecution under Subsection (b) that the person selling the item has a written authorization to sell the item at retail from the manufacturer or the manufacturer's distributor which states the person's name and the person allows any person to examine the authorization who requests to do so, or that only a sample of the item or a catalog or brochure displaying the item was available at the flea market and the item sold was not delivered to the buyer at the flea market. (e) Provides that a person commits a misdemeanor with a maximum punishment of a $100 fine if the person provides to another person a forged authorization, or an authorization that contains a false statement, or a person displays an authorization obtained by fraud. (f) Provides that a person commits a misdemeanor with a maximum punishment of a $100 fine if the person commits an offense under this section. (g) Requires a law enforcement agency investigating a violation of this section to maintain a record of the investigation. Provides that the record is public information. (h) Provides that this section does not apply to the sale or offer for sale of a nutritional supplement or vitamin. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.