Minnesota Session Laws - 1995, Regular Session

                            CHAPTER 64-H.F.No. 1091 
                  An act relating to commerce; regulating sales by 
                  transient merchants; prohibiting the sale of certain 
                  items by certain merchants; prescribing penalties; 
                  amending Minnesota Statutes 1994, sections 329.099; 
                  and 329.14; proposing coding for new law in Minnesota 
                  Statutes, chapter 329. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 329.099, is 
        amended to read: 
           329.099 [DEFINITION.] 
           The term "transient merchant" includes any person, 
        individual, copartnership, limited liability company, and 
        corporation, both as principal and agent, who engage in, do, or 
        transact any temporary and transient business in this state, 
        either in one locality, or in traveling from place to place in 
        this state, selling goods, wares, and merchandise; and who, for 
        the purpose of carrying on such business, hire, lease, occupy, 
        or use a building, structure, vacant lot, or railroad car for 
        the exhibition and sale of such goods, wares, and merchandise.  
        The term "transient merchant" does not include a seller or 
        exhibitor in a firearms collector show involving two or more 
        sellers or exhibitors.  
           Sec. 2.  [329.135] [PROHIBITED SALES.] 
           No transient merchant or seller at a flea market, except an 
        authorized manufacturer's representative, shall offer for sale 
        any of the following items: 
           (1) infant formula or other food intended primarily for 
        consumption by a child under the age of two years; and 
           (2) over-the-counter drugs, medical devices, and cosmetics. 
           Sec. 3.  Minnesota Statutes 1994, section 329.14, is 
        amended to read: 
           329.14 [CERTAIN SALES EXCEPTED.] 
           The provisions of sections 329.10 to 329.13 and 329.14 to 
        329.17 shall not apply to sales made to dealers by commercial 
        travelers or selling agents in the usual course of business, nor 
        to bona fide sales of goods, wares, and merchandise by sample, 
        catalog, or brochure, for future delivery, or to hawkers on the 
        street, or to peddlers from vehicles, baskets, or packs carried 
        on their backs, or to sheriffs, constables, or other public 
        officers selling goods, wares, and merchandise according to law; 
        nor to bona fide assignees or receivers appointed in this state 
        selling goods, wares, and merchandise for the benefit of 
        creditors, nor to persons who may sell or peddle the products of 
        the farm or garden occupied and cultivated by themselves, nor to 
        sales made by a seller at a residential premises pursuant to an 
        invitation issued by the owner or legal occupant of the premises.
           Presented to the governor April 18, 1995 
           Signed by the governor April 19, 1995, 2:21 p.m.