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2004 SESSION
042730276Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Title 54.1 a chapter numbered 43.1, consisting of sections numbered 54.1-4306 through 54.1-4312 as follows:
§ 54.1-4306. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Infant formula" or "baby formula" means any food manufactured, packaged and labeled specifically for sale for consumption by a child under the age of two years.
"Itinerant merchant" means a merchant who transports an inventory of new merchandise to a building, vacant lot, or other location and who, at that location, displays, sells or offers to sell the new merchandise to the public. Itinerant merchant shall not include a merchant with an established store, regularly open to the public; a licensed merchant with a regularly serviced supply route or location; or a merchant who purchases merchandise directly from a manufacturer.
"New merchandise" means goods or products that are not used but are in a similar condition as the goods or products wholesaled by manufacturers or suppliers to established retail stores for first-time purchase by consumers. New merchandise shall not include (i) crafts or goods made by the seller or his own household; (ii) foodstuffs; (iii) the seller's own household personal property; (iv) merchandise sold by nonprofit charitable, educational or religious organizations or at events sponsored by such organizations; or (v) merchandise sold during parades, festivals, sporting or entertainment events, civic or fundraising activities sponsored by nonprofit charitable, educational or religious organizations.
"Nonprescription drug" means any substances or mixture of substances containing medicines or drugs for which no prescription is required and which are generally sold for internal or topical use in the cure, mitigation, treatment, or prevention of disease in human beings.
§ 54.1-4307. License required; license authorized by court; penalty.
A. No person shall engage in the business of an itinerant merchant without having a valid license issued by the county, city or town in which the itinerant merchant conducts such business.
B. The circuit court of any county or city may authorize any county, city or town to issue to any individual, who has not been convicted of a felony or a crime involving moral turpitude in the last 10 years, a license to engage in the business of an itinerant merchant in that county, city or town. No such license shall be issued by any county, city or town except with such authority. Prior to the issuance of the license, the applicant shall furnish his date of birth, a sworn statement or affirmation disclosing any criminal convictions or any pending criminal charges, whether within or without the Commonwealth, and such other information to the licensing authority as may be required by the governing body.
C. Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor. Each day's violation shall constitute a separate offense.
§ 54.1-4308. Records to be kept.
Every itinerant merchant shall keep an accurate and legible record of his acquisition of any new merchandise that is in his possession for display or sale to the public. The records of such acquisition shall be retained by the itinerant merchant for at least 12 months from the display, sale or offer for sale of new merchandise and shall set forth the following:
1. A complete description of the new merchandise, including but not limited to product name and quantity of the new merchandise;
2. The time, date, and place of the acquisition of the new merchandise;
3. The amount of money paid for the new merchandise; and
4. Evidence of the legitimate purchase of the new merchandise, including but not limited to a receipt or bill of lading.
§ 54.1-4309. Officers may examine records or property; warrantless search and seizure authorized.
An itinerant merchant shall permit any duly authorized law-enforcement officer of the jurisdiction where the business is being conducted, or any law-enforcement official of the state or federal government, to (i) examine all records required by this chapter and any article listed in a record that is believed by the officer to be missing or stolen and (ii) search for and take into possession any article known to him to be missing, or known or believed by him to have been stolen. The officer shall provide the itinerant merchant with a receipt for any article taken for which the officer takes in to his possession.
§ 54.1-4310. Bona fide purchaser.
Nothing in this chapter shall affect bona fide purchaser status as to title to new merchandise otherwise applicable to an itinerant merchant.
§ 54.1-4311. Prohibited sale of certain merchandise; penalty.
A. No itinerant merchant shall offer for sale or knowingly permit the sale of any infant formula, baby formula or nonprescription drugs. This section shall not apply to any person who maintains for public inspection a valid authorization identifying such person as an authorized representative of the manufacturer or distributor of the prohibited merchandise.
B. Any person convicted of violating this section is guilty of a Class 3 misdemeanor on the first offense. Upon conviction of any subsequent offense, he is guilty of a Class 2 misdemeanor.
§ 54.1-4312. Penalties.
Except as otherwise provided in § 54.1-4307 or § 54.1-4311, any licensed itinerant merchant who violates any of the provisions of this chapter is guilty of a Class 4 misdemeanor. In addition, the court may revoke or suspend the itinerant merchant's license for second and subsequent offenses.
2. That Chapter 43 (§§ 54.1-4300 through 54.1-4305) of Title 54.1 of the Code of Virginia is repealed.