Brief⁽¹⁾

S.B. 270 creates a new law that would prohibit the sale of baby food, infant formula or similar products, or drugs at flea markets, except by those persons who would be exempt from the prohibition as provided in the bill. Two of the terms used in the new act are defined in the bill. The new statute created by the bill is made a part of and supplemental to the Transient Merchant Licensing Act.

The House Committee amendments make a technical change to agree with amendments made in the Senate Committee of the Whole and exempt persons who are authorized representatives of a manufacturer or distributor of baby food, infant formula, or similar products from the prohibition on sale at flea markets.

Background

S.B. 270 was supported during Committee hearings by a representative of the Kansas Chamber of Commerce and Industry who told of a growing problem with the theft of goods from the shelves of retail outlets that later turn up for sale at flea markets. A special investigator employed by Walmart also explained the problem of theft of goods taken for later sale through flea markets. The definitions added by the Senate Committee amendments reference the Kansas Food, Drug, and Cosmetic Act. The bill was further amended in the Senate Committee of the Whole, and the House Committee amendments reflect the changes made in the Senate Committee of the Whole.

The 1997 fiscal note on S.B. 270 states the Office of Judicial Administration indicates there would be no fiscal impact from passage of the bill.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.