Senate Bill No. 577
(By Senators Anderson, Ross, Plymale,
Blatnik, Love, Oliverio and Scott)
[Originating in the Committee on Small Business;
reported March 1, 1995.]
A BILL to amend article seven, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section eight,
relating to legislative findings; requiring transient vendors
who sell baby food and nonprescription drugs to provide the
source thereof and maintain records of the sources; requiring
the production of records; confiscation of food or
nonprescription drugs unlawfully possessed; providing criminal
penalties; and setting forth the application of the section.
Be it enacted by the Legislature of West Virginia:
That article seven, 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 eight,
to read as follows:
ARTICLE 7. PURE FOOD AND DRUGS.
§16-7-8. Resale of certain food and drugs prohibited;
documentation required; confiscation of food and
drugs; penalty and exceptions.
(a) The Legislature finds that food manufactured and packaged
for sale for consumption by a child under the age of two and
nonprescription drugs sold by transient vendors at places such as
flea markets, yard sales and swap meets, where the source of the
food and nonprescription drugs is unknown, may be adulterated and
thus constitute a hazard to public's health and welfare. It
further finds that it is the policy of this state to prohibit the
sale of these foods or nonprescription drugs if the transient
vendor cannot provide and document the source of the food or drugs.
For the purposes of this section, the term "nonprescription drugs"
does not include natural or herbal nonprescription drugs.
(b) Any transient vendor who sells food manufactured and
packaged for sale for consumption by a child under the age of two
years or nonprescription drugs shall make available and keep a
record of the source of food or nonprescription drugs that he or
she offers for sale. The record may be a receipt or an invoice
from the person who sold the food or nonprescription drugs to the
transient vendor or any other documentation that establishes the
source of the food or nonprescription drugs. The transient vendor
shall keep the record with the food or nonprescription drugs being
offered for sale and shall maintain the record for a period of two years after the food or nonprescription drugs is sold. Upon the
request of a law-enforcement agent or a representative of the state
department of health, the transient vendor shall produce the record
of the source of food or nonprescription drugs sold. If the
transient vendor fails to produce the requested record, the law-
enforcement agent or a representative of the state department of
health may confiscate the food or nonprescription drugs.
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 food or
nonprescription drug 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 food or nonprescription
drugs by sample, catalog or brochure for future delivery; or who
sells at a residential premises pursuant to an invitation issued by
the owner or legal occupant of the premises.