69 Pa. Stat. § 2612

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 2612 - Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Baby food." Any food manufactured, packaged and labeled specifically for sale for consumption by a child under two years of age. The term includes infant formula.

"Medical device." An instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, tool or other similar or related article, including any component part or accessory:

(1) Required under Federal law to bear the label "Caution: Federal law requires dispensing by or on the order of a physician" or which is defined by Federal law as a medical device.

(2) Which is intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment or prevention of disease in man or animals or is intended to affect the structure or any function of the body of man or animals.

(3) Which does not achieve any of its principal intended purposes through chemical action within or on the body of man or animal.

(4) Which is not dependent upon being metabolized for achievement of any of its principal intended purposes.

"New and unused property." Tangible personal property that was acquired by an unused property merchant directly from the producer, manufacturer, wholesaler or retailer in the ordinary course of business which has never been used since its production or manufacture or which is in its original and unopened package or container if such personal property was so packaged when originally produced or manufactured.

"Nonprescription drug." Any nonnarcotic medicine or drug that may be sold without a prescription and is prepackaged for use by the consumer, prepared by the manufacturer or producer for use by the consumer, properly labeled and unadulterated in accordance with the requirements of the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) and the State food and drug laws. The term includes any herbal product, dietary supplement, botanical extract or vitamin.

"Unused property market."

(1) An event at which:

(i) two or more persons offer personal property for sale or exchange and charge a fee for sale or exchange of personal property or charge a fee to prospective buyers for admission to the area at which personal property is offered or displayed for sale or exchange; or

(ii) persons offer or display personal property if the event is held more than six times in any 12-month period.

The term includes an indoor swap meet, flea market or other similar terms regardless of whether the event is held inside a building or outside in the open as long as the event involves a series of sales sufficient in number, scope and character to constitute a regular course of business.

(2) The term does not include:

(i) an event that is organized for the exclusive benefit of a community chest, fund, foundation, association or corporation organized and operated for religious, educational or charitable purposes, provided that no part of any admission fee or parking fee charged vendors or prospective purchasers or the gross receipts or net earnings from the sale or exchange of personal property, whether in the form of a percentage of the receipts or earnings, as salary or otherwise, inures to the benefit of any private shareholder or person participating in the organization or conduct of the event; or

(ii) an event at which all of the personal property offered for sale or displayed is new and all persons selling, exchanging or offering or displaying personal property for sale or exchange are manufacturers or authorized representatives of manufacturers or distributors.

"Unused property merchant." A person, other than a vendor or merchant with an established retail store in the county where the unused property is offered for sale, who transports an inventory of goods to a building, vacant lot or other unused property market location and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail.

69 P.S. § 2612

2000, June 22, P.L. 367, No. 46, § 2, effective in 60 days.