(a) No person at a flea market shall sell, offer for sale or knowingly permit the sale of baby food, infant formula or similar products or any drugs. The provisions of this section shall not apply to a person who keeps available for public inspection an identification card identifying such person as an authorized representative of the manufacturer or distributor of over-the-counter drugs or baby food, infant formula or similar products, as long as the card is not false, fraudulent or fraudulently obtained.

(b) For purposes of this section:

Terms Used In Kansas Statutes 19-2243

  • Person: means any individual, corporation, partnership, association or other entity. See Kansas Statutes 19-2232
  • Transient merchant: means any person who engages in, does or transacts any temporary or transient business in the state, either in one locality or in traveling from place to place in the state, and includes merchants who, for the purpose of carrying on such business, hire, lease, use or occupy any building, structure, motor vehicle, railroad car or real estate. See Kansas Statutes 19-2232

(1) “Flea market” means any location, other than a permanent retail store, at which space is rented or otherwise made available to others for the conduct of business as a transient merchant as defined in Kan. Stat. Ann. § 29-2232, and amendments thereto.

(2) “Drug” shall have the meaning ascribed to such term under Kan. Stat. Ann. § 65-1626, and amendments thereto.

(c) The provisions of this section shall be part of and supplemental to the transient merchant licensing act.