Tex. Bus. & Com. Code § 201.003 · Chapter 201. SALE OF ITEMS AT FLEA MARKETS
SALE OF CERTAIN ITEMS PROHIBITED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.201.htm
- Text hash
- sha256 a64a8d08716412663201afdd2a3401fcbbc960cd8e8073aec9011aae89566336
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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