Enrolled Bill Summary

House Bill 749 amends the Business & Commerce Code to prohibit the sale at a flea market of packaged food of a type usually consumed by children under the age of two, certain drugs, cosmetics, or devices, or items that have an expiration date. The act provides a defense to prosecution if the seller is authorized in writing by the manufacturer to sell the item or if only a sample of the item or a catalog is available at the flea market and the item is not delivered at the flea market. Violation of the section is a misdemeanor punishable by a fine of not more than $100.