Section 57-9A-2 - Definitions. - New Mexico Statutes

57-9A-2. Definitions.

As used in the Unused Merchandise Ownership Protection Act [57-9A-1 to 57-9A-6 NMSA 1978]:   

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.