(a) A person commits an offense if the person sells or offers for sale at a flea market:
(1) infant formula or baby food of a type usually consumed by children younger than two years of age;
(2) a drug, as defined by Section 431.002 , Health and Safety Code; or
(3) contact lenses, including disposable contact lenses.
(b) It is a defense to prosecution under this section that the person selling the item:
(1) is authorized in writing to sell the item at retail by the manufacturer of the item or the manufacturer's authorized distributor and the authorization states the person's name; and
(2) provides the authorization for examination by any person at the flea market who requests to see the authorization.
(c) It is a defense to prosecution under this section 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.
(d) An offense under this section is a misdemeanor punishable by a fine not to exceed $100.
(e) The penalty provided by this section is in addition to any other sanction provided by law.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278 ), Sec. 2.01, eff. April 1, 2009.
