CHAPTER 12. UNUSED PROPERTY MARKET REGULATION
IC 24-4-12
Chapter 12. Unused Property Market Regulation
IC 24-4-12-1
Chapter exemptions
Sec. 1. This chapter does not apply to the following:
(1) An event organized for the exclusive benefit of:
(A) a community chest;
(B) a fund;
(C) a foundation;
(D) an association; or
(E) a corporation;
organized and operated for religious, educational, or charitablepurposes, unless part of an admission fee, a parking fee chargedto vendors or prospective purchasers, or the gross receipts or netearnings from the sale or exchange of personal property isshared with a private shareholder or person organizing orconducting the event.
(2) An event where all personal property offered for sale ordisplayed is new, and all persons selling, exchanging, oroffering or displaying personal property for sale or exchangeare manufacturers or authorized representatives ofmanufacturers or distributors.
(3) The sale of a motor vehicle or trailer that is required to beregistered or is subject to state motor vehicle registration law.
(4) The sale of wood for fuel, ice, or livestock.
(5) Business conducted in an industry or association trade show.
(6) Property, although never used, whose style, packaging, ormaterial clearly indicates that the property was not produced ormanufactured recently.
(7) A person who sells by sample, catalog, or brochure forfuture delivery.
(8) The sale of arts or crafts by a person who produces the artsor crafts.
(9) A person who makes sales presentations related to a prior,individualized invitation issued to the consumer by the owneror legal occupant of the premises.
As added by P.L.99-1999, SEC.1.
IC 24-4-12-2
"Unused property market" defined
Sec. 2. As used in this chapter, "unused property market" meansan event:
(1) where a fee is charged for the sale or the exchange ofpersonal property or where a fee is charged to a prospectivebuyer for admission to an area where personal property isoffered or displayed for sale or exchange by two (2) or morepersons;
(2) held more than six (6) times in any twelve (12) monthperiod where personal property is offered or displayed for sale
or exchange; or
(3) referred to as a "swap meet", "indoor swap meet", "fleamarket", or any other similar term, regardless of whether theevent is held inside a building or in the open, if that event hasas a primary characteristic activities that involve a series ofsales sufficient in number, scope, and character to constitute aregular course of business.
As added by P.L.99-1999, SEC.1.
IC 24-4-12-3
"Unused property merchant" defined
Sec. 3. As used in this chapter, "unused property merchant" meansa person, other than a vendor or a merchant with an established retailstore in the county, who transports an inventory of goods to abuilding, vacant lot, or other unused property market location andwho, at that location, displays the goods for sale and sells the goodsat retail or offers the goods for sale at retail.
As added by P.L.99-1999, SEC.1.
IC 24-4-12-4
"New and unused property" defined
Sec. 4. As used in this chapter, "new and unused property" meanstangible personal property that:
(1) was acquired by an unused property merchant directly fromthe producer, manufacturer, wholesaler, or retailer in theordinary course of business; and
(2) has not been used since its production or manufacture orthat is in its original and unopened package or container, if thepersonal property was packaged when originally produced ormanufactured.
As added by P.L.99-1999, SEC.1.
IC 24-4-12-5
"Baby food" and "infant formula" defined
Sec. 5. As used in this chapter, "baby food" or "infant formula"means any food manufactured, packaged, and labeled specifically forsale for consumption by a child under two (2) years of age.
As added by P.L.99-1999, SEC.1.
IC 24-4-12-6
"Nonprescription drug" and "over the counter drug" defined
Sec. 6. As used in this chapter, "nonprescription drug" or "overthe counter drug" means nonnarcotic medicine or a drug that is soldwithout 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 under requirements of the stateand the federal governments. However, the terms do not includeherbal products, dietary supplements, botanical extracts, or vitamins.
As added by P.L.99-1999, SEC.1.
IC 24-4-12-7
"Medical device" defined
Sec. 7. As used in this chapter, "medical device" means aninstrument, an apparatus, an implement, a machine, a contrivance, animplant, an in vitro reagent, a tool, or other similar or related article,including a component part or an accessory:
(1) required under federal law to bear the label "Caution:Federal law requires dispensing by or on the order of aphysician"; or
(2) that is defined by federal law as a medical device and thatis intended for use in the diagnosis of disease or otherconditions or in the cure, mitigation, treatment, or prevention ofdisease in humans or animals or is intended to affect thestructure or any function of the body of humans or animals, thatdoes not achieve any of its principal intended purposes throughchemical action within or on the body of humans or animals,and that is not dependent upon being metabolized forachievement of its principal intended purposes.
As added by P.L.99-1999, SEC.1.
IC 24-4-12-8
Products prohibited from sale at unused property market
Sec. 8. (a) This section does not apply to a person who keepsavailable for public inspection a written authorization identifyingthat person as an authorized representative of the manufacturer ordistributor of a product listed in subsection (b), if the authorizationis not false, fraudulent, or fraudulently obtained.
(b) An unused property merchant may not offer at an unusedproperty market for sale, or knowingly permit the sale of, baby food,infant formula, cosmetics, personal care products, nonprescriptiondrugs, medical devices, or cigarettes or other tobacco products.
As added by P.L.99-1999, SEC.1. Amended by P.L.160-2005,SEC.16.
IC 24-4-12-9
Receipts required
Sec. 9. An unused property merchant shall maintain receipts forthe purchase of new and unused property. A receipt must contain thefollowing information:
(1) The date of the transaction.
(2) The name and address of the person, corporation, or entityfrom whom the new and unused property was acquired.
(3) An identification and description of the new and unusedproperty acquired.
(4) The price paid for the new and unused property.
(5) The signature of the seller and buyer of the new and unusedproperty.
As added by P.L.99-1999, SEC.1.
IC 24-4-12-10 Improper maintenance of or failure to produce receipts
Sec. 10. It is a violation of this chapter for an unused propertymerchant required to maintain receipts under this chapter toknowingly do any of the following:
(1) Falsify, obliterate, or destroy the receipts.
(2) Refuse or fail upon request to make the receipts availablefor inspection within a period that is reasonable based on theindividual circumstances surrounding the request. However, thischapter does not require the unused property merchant topossess the receipt on or about the merchant's person withoutreasonable notice.
(3) Fail to maintain the receipts required by this chapter for atleast two (2) years after the date of the transaction.
As added by P.L.99-1999, SEC.1.
IC 24-4-12-11
Chapter violations
Sec. 11. A person who violates this chapter commits:
(1) a Class B misdemeanor on the first violation;
(2) a Class A misdemeanor on the second violation; and
(3) a Class D felony on the third and any subsequent violation.
As added by P.L.99-1999, SEC.1.