18-2420 — EXEMPTIONS
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TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 24
THEFT
18-2420. EXEMPTIONS. (1) The following persons are exempt from the
provisions of the unused merchandise ownership protection act:
(a) A vendor at an event organized or operated for religious,
educational, charitable or other nonprofit purposes if no part of any
admission fee or parking fee charged vendors or prospective purchasers and
no part of the gross receipts or net earnings from the sale of merchandise
at the event is paid to a private person for participating in the
organization or operation of the event;
(b) A vendor at an industry or association trade show;
(c) A vendor at an event at which all of the merchandise offered for sale
is new and at which all vendors are manufacturers or authorized
representatives of manufacturers or distributors; and
(d) A vendor selling by sample, catalog or brochure for future delivery.
(2) The requirements of the unused merchandise ownership protection act
do not apply to sales or offers for sale of the following unused merchandise:
(a) Firewood, sand, gravel, flagstone, building stone or other natural
product;
(b) Live animals;
(c) Vehicles subject to registration pursuant to title 49, Idaho Code;
(d) Food intended for human consumption at the open market immediately
after sale;
(e) Merchandise offered for sale as an antique or otherwise historical
item and, although never used, the style, packaging, material or
appearance of which clearly indicates that the merchandise was not
produced or manufactured within recent times;
(f) Food offered for sale that was grown, harvested or produced by the
vendor or the vendor's principal; and
(g) Art, crafts or handicrafts that were produced by the vendor or the
vendor's principal.