2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 47. TRANSIENT RETAILERS › Subchapter II. Unused Property Markets › § 4720. Definitions.

§ 4720. Definitions.
As used in this subchapter:
(1) “Baby food” or “infant formula” means any food manufactured, packaged and labeled specifically for sale for consumption by a child under the age of 2.
(2) “Medical device” means any new or unused instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, tool or other similar or related article, including any component part or accessory, required by federal law to bear the label, “Caution:
Federal law requires dispensing by or on the order of a physician” or which is defined by federal law as a medical device and which is intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment of prevention of disease in humans or other animals, or is intended to affect the structure or any function of the body of humans or other animals, which does not achieve any of its principal intended purposes through chemical action within or on the body of humans or other animals and which is not dependent upon being metabolized for achievement of any of its principal intended purposes.
(3) “New and unused property” shall mean tangible personal property that was acquired by the unused property merchant directly from the producer, manufacturer, wholesaler or retailer in the ordinary course of business which has never been used since its production or manufacturing or which is in its original and unopened package or container, if such personal property was so packaged when originally produced or manufactured.
(4) “Nonprescription drug” means any nonnarcotic medicine or drug that may be sold without a prescription and is prepackaged for use by the consumer and prepared by the manufacturer or producer for use by the consumer. The term “nonprescription” shall include any drug commonly known as an “over the counter drug” which is required by state food and drug laws or the federal “Food, Drug and Cosmetic Act” [21 U.S.C. § 301 et seq.] to be properly labeled and unadulterated, but shall not include any herbal products, dietary supplements, botanical extracts or vitamins.
(5) “Unused property market” means any event at which persons offer personal property for sale or exchange, and which involves a series of sales sufficient in number, scope and character to constitute a regular course of business; provided, however, that the event occurs at least 6 times in any 12-month period. Unused property markets include any “swap meet, indoor swap meet,” “flea market” or other similar event at which transient retailers transact temporary or transient business, however the event is described and whether or not a fee is charged for entrance thereto.
(6) “Unused property merchant” means any person, other than a vendor or merchant with an established retail store in the county, who transports an inventory of goods to a building, vacant lot or other unused property market location and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail and shall include any transient retailer.
72 Del. Laws, c. 419, §  1;  70 Del. Laws, c. 186, §  1;