(1) Except as provided in subsection (2) of this section, a person may not offer for sale or exchange or knowingly permit the sale or exchange of baby food, infant formula, cosmetics, personal care products, nonprescription drugs or medical devices at an unused property market. (2) A person may sell or exchange the items listed in subsection (1) of this section if the person: (a) Has a written authorization that identifies the person as an authorized representative of the manufacturer or distributor of those items; and (b) Makes the written authorization available for public inspection. (3)(a) A person who violates this section commits a Class C misdemeanor. (b) A person who violates this section and who has one prior conviction under this section that was entered within the last 10 years commits a Class B misdemeanor. (c) A person who violates this section and who has two or more prior convictions under this section that were entered within the last 10 years commits a Class A misdemeanor.
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