Senate Bill No. 324
(By Senators Walker, Bailey, Craigo, Plymale and Anderson)
[Introduced February 10, 1995; referred to the Committee
on Health and Human Resources.]
A BILL to amend article one, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section nine-b,
relating to requiring that sellers of food manufactured and
packaged for consumption by a child under the age of two
years, nonprescription medication, medical devices, razor
blades or any other new merchandise keep records of the
source of their merchandise.
Be it enacted by the Legislature of West Virginia:
That article one, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section nine-b, to read as follows:
Article 1. STATE BUREAU OF PUBLIC HEALTH.
§16-1-9b. Resale of certain retail items prohibited;
documentation required; confiscation of
merchandise; penalty and exceptions.
Any person, transient vendor, firm, company, corporation,
institution or association, whether public or private who sells
(1) food manufactured and packaged for sale for consumption by a
child under the age of two years; (2) nonprescription medication,
medical devices and razor blades; or (3) any other new
merchandise, shall make available the source of new merchandise
and shall keep a record of the source of new merchandise the
seller offers for sale. The record may be a receipt or an
invoice from the person who sold the merchandise to the seller or
any other documentation that establishes the source of the
merchandise. The seller shall keep the record with the new
merchandise being offered for sale and shall maintain the record
for a period of two years after the merchandise is sold. Upon
the request of a law-enforcement agent, or public health
official, the seller shall produce the record of the source of
new merchandise and items sold. If the seller fails to produce
the requested record and the law-enforcement agent or public health official has probable cause to believe the seller's
possession of the merchandise is unlawful, the agent may take the
merchandise into custody as evidence.
Any person who violates the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than two hundred dollars for each item offered for
sale or sold: Provided, That this section does not apply to a
merchant who is licensed with the department of tax and revenue;
who sells goods, wares or merchandise by sample catalog or
brochure for future delivery; who only sells or offers for sale
crafts or other handmade items that were made by the seller; or
who sells agricultural and farming products, except nursery
products and foliage plants.
NOTE: The purpose of this bill is to require sellers of
food manufactured and packaged for consumption of a child under
the age of two years, nonprescription medication, medical
devices, razor blades, or any other new merchandise to keep a
record of the source of new merchandise they hold for sale.
Section nine-b, article one, chapter sixteen is new;
therefore, strike-throughs and underscoring have been omitted.