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Commercial Flea Markets Regulations made under Section 8 of the
Flea Markets Regulation Act
S.N.S. 2000, c. 5
O.I.C. 2005-205 (May 27, 2005), N.S. Reg. 107/2005
Citation
1 These regulations may be cited as the Commercial Flea Markets Regulations.Definitions
2 In these regulations,(a) "Act" means the Flea Markets Regulation Act;
(b) "authorized sales representative" means an authorized sales representative of a producer, manufacturer, wholesaler, distributor or retailer of goods.
Prohibited goods
3 The following goods, whether used commercially manufactured or unused commercially manufactured, are prohibited goods:(a) razor blades;
(b) vitamin supplements;
(c) herbal supplements;
(d) diagnostic tests;
(e) drugs;
(f) medicines, topical creams and therapeutic products;
(g) toiletry items, including
(i) skin cream,
(ii) toothpaste,
(iii) teeth whitening products,
(iv) deodorant,
(v) perfume,
(vi) cologne,
(vii) cosmetics,
(viii) hair products, and
(ix) grooming products.
Prescribed goods
4 Unused commercially manufactured goods that are not prohibited goods are prescribed goods.Vendor information about prescribed goods
5 (1) A vendor must maintain all of the following information, to be provided in advance to the operator of a commercial flea market as required by subsection 4(3) of the Act, for prescribed goods that are sold or offered for sale by the vendor at the commercial flea market:(a) the full name of the person from whom the vendor acquired the prescribed goods;
(b) the civic and mailing address and telephone number of the person from whom the vendor acquired the prescribed goods;
(c) a written and dated current inventory containing the quantity and description of the prescribed goods;
(d) written proof of acquisition, signed and dated by both the operator and the vendor,
(i) from the person from whom the vendor purchased the prescribed goods, if the vendor purchased the prescribed goods, showing
(A) the date of acquisition,
(B) an identification and description of the goods and the price paid for them, and
(C) that the prescribed goods were lawfully purchased by the vendor, or
(ii) if the vendor did not purchase the prescribed goods, showing
(A) the date of acquisition,
(B) an identification and description of the goods and the price paid for them, and
(C) that the prescribed goods were lawfully purchased by the person from whom the vendor acquired the prescribed goods;
(e) if the prescribed goods were not acquired from the producer, manufacturer, wholesaler, distributor or retailer of the goods, one of the following forms of identification from the person from whom the vendor acquired the prescribed goods:
(i) the identification number from the person’s valid driver’s license,
(ii) the identification number from the person’s valid passport, or
(iii) a copy of a government issued identification document that shows the person’s name, civic and mailing address and photograph.
(2) A vendor must maintain and provide to the operator of the commercial flea market at the close of business each day, a written report containing the quantity and description of the prescribed goods sold that day.
(3) A vendor must maintain the information described in subsections (1) and (2) from the time that the prescribed goods are first offered for sale by the vendor at a commercial flea market until 1 year after they are sold.
(4) If the person from whom a vendor acquires prescribed goods is a corporation, the identification information required to be maintained by the vendor under clause (1)(e) is the identification information of an officer or authorized employee of the corporation.
Proof that vendor is authorized sales representative
6 (1) A vendor who is an authorized sales representative for prohibited goods must maintain a written document that(a) states the name, address and telephone number of the producer, manufacturer, wholesaler, distributor or retailer of the prohibited goods; and
(b) is dated and signed by an officer or authorized employee of the producer, manufacturer, wholesaler, distributor or retailer of the prohibited goods within the previous 6 months confirming that the vendor is an authorized sales representative for the prohibited goods.
(2) Before a vendor who is an authorized sales representative for prohibited goods sells or offers for sale prohibited goods at a commercial flea market, the vendor must provide to the operator of the commercial flea market the information required to be maintained under subsection (1).
(3) The vendor must maintain the information described in subsection (1) from the time that the prohibited goods are first offered for sale by the vendor at a commercial flea market until 1 year after they are sold.
Maintaining information provided to operator
7 An operator must maintain information provided to the operator under the Act and these regulations for 2 years.