As used in the Unused Merchandise Ownership Protection Act: A. 'open market' may include a 'swap meet', an 'indoor swap meet' or a 'flea market' and means an event at which two or more persons offer personal property for sale or exchange and either: (1) a fee is charged for those persons selling or exchanging personal property or a fee is charged to the public for admission to the event; or (2) the event is held more than six times in a twelve-month period; B. 'unused merchandise' means tangible personal property that, since its original production or manufacturing, has never been used or consumed and, if placed in a package or container, is still in its original and unopened package or container; and C. 'vendor of unused merchandise' means a person who offers unused merchandise for sale or exchange at an open market, except a person who offers five or less items of the same unused merchandise for sale or exchange at an open market. History: Laws 1999, ch. 247, § 2. ANNOTATIONSEffective dates. — Laws 1999, ch. 247, § 7, made the Unused Merchandise Ownership Protection Act effective July 1, 1999.
New Mexico Legal Code