US Laws, Codes, Statutes & Cases

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 24
                                    THEFT
    18-2418.  PROHIBITED SALES -- CERTAIN MERCHANDISE. (1) It is a violation
of the unused merchandise ownership protection act for a vendor of unused
merchandise to sell or offer for sale any baby food or infant formula,
cosmetic, drug or medical device at an open market without displaying a
written valid authorization from the manufacturer or distributor of the
merchandise. The authorization shall identify the vendor of unused merchandise
and shall specify the merchandise that the vendor is authorized to sell.
    (2)  As used in this section:
    (a)  "Baby food or infant formula" means unused merchandise consisting of
    a food product manufactured, packaged and labeled specifically for
    consumption by a child less than two (2) years of age;
    (b)  "Cosmetic" means unused merchandise, other than soap, that is:
         (i)   Intended to be rubbed, poured, sprinkled or sprayed on,
         introduced into or otherwise applied to the human body or any part
         thereof for cleansing, beautifying, promoting attractiveness or
         altering the appearance; or
         (ii)  Intended for use as a component of any articles enumerated in
         subparagraph (i) of this paragraph;
    (c)  "Drug" means unused merchandise, other than food, that:
         (i)   Is recognized in an official compendium;
         (ii)  Affects the structure or any function of the body of man or
         other animals; or
         (iii) Is intended for use as a component of subparagraph (i) or (ii)
         of this paragraph, but does not include medical devices or their
         component parts or accessories;
    (d)  "Medical device" means unused merchandise that is an instrument,
    apparatus, implement, machine, contrivance, implant, in vitro reagent or
    other similar or related article, including any component, part or
    accessory, and that is:
         (i)   Recognized in an official compendium;
         (ii)  Intended for use in the diagnosis of disease or other
         conditions, or in the cure, mitigation, treatment or prevention of
         disease, in man or other animals; or
         (iii) Intended to affect the structure or function of the body of man
         or other animals and which does not achieve its principal intended
         purposes through chemical action within or on the body of man or
         other animals and which is not dependent upon being metabolized for
         achievement of its principal intended purposes; and
    (e)  "Official compendium" means the official United States pharmacopoeia
    national formulary or the official homeopathic pharmacopoeia of the United
    States or any supplement to either of them.