Government Unveils Flea Markets Regulation Act

A proposed Flea Markets Regulation Act targets shoplifting rings from getting stolen goods to market illegally by regulating the sale of certain goods at flea markets in the province, said the Honourable Justice Minister and Attorney General Tom Marshall today during second reading of Bill 138 in the House of Assembly.

The minister said although many Newfoundlanders and Labradorian�s lawfully participate in flea markets, these markets have become an avenue for shoplifters to move stolen goods. �Theft from retail establishments in this province exceeds $25 million annually and everybody is paying the price,� said Minister Marshall. �Retailers are increasing margins to make up for losses, resulting in consumers being charged higher prices and the province is losing HST revenues on the stolen goods which ultimately would have been invested in health care, education, infrastructure and economic development.�

�Members of the business community have called on government to regulate the sale of certain goods at flea markets and we have responded with this legislation that will make it far more difficult for shoplifters to get stolen goods to market, while not inconveniencing those who lawfully participate in flea markets,� noted Minister Marshall.

Under the act, flea market operators in a commercial setting must ensure that all vendors are able to provide written documentation to confirm that all unused commercially manufactured goods they wish to sell at the flea market have been legally obtained. The documentation supporting this must be available for viewing upon request by a flea market operator or peace officer. In the case of a non-commercial flea market, the vendor is directly responsible for ensuring this documentation is available upon request by a peace officer.

The proposed legislation would not interfere in any way with the sale of homemade goods, handcrafts and typical �garage sale� items at flea markets nor will it apply to not-for-profit organizations who often host an annual flea market to raise funds. Targeted goods include those intended for application to or ingestion into the human body. These include razor blades, vitamins and herbal supplements, drugs, toothpaste and deodorant. These goods are prohibited from being sold at flea markets, unless a vendor is a proven authorized sales representative. Other goods include unused commercially manufactured items such as power tools, DVDs, CDs, books, and clothing. These goods, referred to as prescribed goods, can be sold at flea markets so long as specific information is maintained by the vendor proving goods were legally obtained.

�Current legislation makes it difficult for police officers to investigate and prosecute successfully the resale of stolen merchandise as often there is not enough evidence to prove theft under the Criminal Code,� said Minister Marshall. �Under this proposed act, those who cannot provide the required documentation may be issued a summary offence ticket which carries with it a monetary fine. This will ensure a degree of control and responsibility over the goods to protect public health and safety and to frustrate illegal activity at flea markets.�

The minister called the proposed Flea Markets Regulation Act another real example of the Williams government�s commitment to tackle crime and ensure safe and secure communities. �Over the past three years, government has managed to place 40 new RNC officers and 35 new RCMP officers back into neighborhoods and communities throughout this province, while making unprecedented investments in training opportunities and operational resources to ensure both forces have the proper tools for the job,� Minister Marshall concluded. �We will continue to ensure public safety by making sound investments in policing throughout the province.�

BACKGROUNDER:
Flea Markets Regulation Act

• Under the proposed Flea Markets Regulation Act, the following goods, whether used commercially manufactured or unused commercially manufactured, are prohibited goods. These would include razor blades, vitamin supplements, herbal supplements, diagnostic tests, drugs, medicines, topical creams, therapeutic products, skin cream, and toothpaste, teeth whitening products, deodorant, perfume, cologne, cosmetics, and hair and grooming products. A vendor who is an authorized sales representative may sell prohibited goods. Such a vendor must provide the operator of the commercial flea market with the necessary documentation defined under the act.
   
• Unused commercially manufactured goods that are not prohibited are prescribed goods. This would include items such as power tools, DVDs, CDs, batteries, books, video games. These goods can be sold at flea markets so long as specific information is maintained by the vendor proving goods were legally obtained.
   
• The proposed legislation would not interfere in any way with the sale of homemade goods, handcrafts and typical �garage sale� items at flea markets nor will it apply to not-for-profit organizations who often host an annual flea market to raise funds.

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Media contact:
Bill Hickey
Director of Communications
Department of Justice
709-729-6985, 691-6390
billyhickey@gov.nl.ca

2006 11 28                                   4:30 p.m.