NRS 597.915
Informal merchants: Prohibited acts

  • penalty
  • evidence of legal acquisition of new product.

1.

An informal merchant shall not offer for sale or knowingly allow the sale of any new product that he or she knows or reasonably should have known is stolen, has been recalled by the manufacturer, has been adulterated, has not been maintained at the proper temperature, has an expiration date that has passed, has been discarded by the manufacturer or a retailer, is an inferior product if he or she does not clearly indicate such inferiority, or has any other defect that makes the product ineffective for the use for which it is purchased or that makes the product below the quality expected by the consumer.

2.

An informal merchant who violates the provisions of subsection 1 shall be punished:

(a)

If the sale of the product does not cause substantial bodily harm to another person, for a gross misdemeanor.

(b)

If the sale of the product causes substantial bodily harm to another person, for a category C felony as provided in NRS 193.130.

3.

Upon request of a peace officer, an informal merchant shall provide reliable evidence of the legal acquisition of a new product that the merchant is offering for sale. If it is determined that the product was stolen and the informal merchant fails to provide such evidence, an inference is created that the informal merchant knew or should have known that the product was stolen.

4.

As used in this section:

(a)

“Informal market” means:

(1)

A gathering at which:
(I) Two or more persons offer personal property for sale or exchange;
(II) A fee is charged for the sale or exchange of personal property; or
(III) A fee is charged for admission to the area in which personal property is offered for sale or exchange; or

(2)

A place at which personal property is offered or displayed for sale or exchange on more than six occasions in a period of 12 months,
Ê whether held in a building, under cover or in the open air.

(b)

“Informal merchant” means a person who does not have an established retail store in the county and who transports an inventory of goods to an informal market and displays the goods for sale, offers them for sale at retail or sells them at retail.

(c)

“New product” means any tangible good which has never been used or which is in its original, unopened package or container.

(d)

“Stolen” means taken unlawfully from or without the permission of the owner, whether or not the person who took the item is or has been prosecuted or convicted for the taking of the item.

Source: Section 597.915 — Informal merchants: Prohibited acts; penalty; evidence of legal acquisition of new product., https://www.­leg.­state.­nv.­us/NRS/NRS-597.­html#NRS597Sec915.

597.820
Profiteering in articles on which there is sales tax
597.830
Unlawful additions to entertainment or amusement tax
597.840
Unlawful retention of deposit for longer than agreed time
597.850
Shoplifting: Merchant may request person on premises to keep merchandise in full view
597.860
Shoplifting: Civil liability of adult who steals merchandise from or damages property on merchant’s premises.
597.870
Shoplifting: Civil liability of parent or guardian of minor who steals merchandise from or damages property on merchant’s premises.
597.880
Sale and advertising of master keys for motor vehicles limited
597.890
Advertising that climate of facility for storage of personal property is controlled: Requirements
597.900
Sale of imitation Indian arts and crafts not clearly labeled as imitation prohibited.
597.905
Purchase or sale of or possession with intent to sell items made of part or byproduct of certain animals: Prohibition
597.915
Informal merchants: Prohibited acts
597.935
Acceptance of permanent resident card to identify customer.
597.937
Acceptance of tribal identification card to identify customer.
597.940
Restrictions on recording of account number of credit card as condition to accepting check or draft
597.945
Restrictions on printing expiration date or account number of credit card or debit card on receipt: Restrictions applicable to businesses which accept credit cards or debit cards
597.947
Restrictions on printing expiration date or account number of credit card or debit card on receipt: Restrictions applicable to manufacturer or supplier of device
597.950
Unsolicited merchandise deemed unconditional gift to recipient
597.960
Collection of fee for dishonored check accepted as payment for goods or services.
597.980
Sale of novelty lighter prohibited
597.985
Knowing manufacture, sale or distribution of certain products containing Bisphenol A prohibited.
597.990
Knowing manufacture, sale or distribution of baby food or infant formula in container containing Bisphenol A prohibited.
597.995
Limitations on agreements which include provision requiring arbitration of disputes arising between parties.
597.996
Prohibited provisions relating to review, comment or statement by consumer in form contract for purchase, lease or rental of consumer goods or services
597.997
Prohibition on certain offers to lease living animal or goods intended for personal, family or household use
597.998
Prohibited acts relating to sale, preparation, distribution or advertisement of kratom products or products containing kratom.
Last Updated

Jun. 24, 2021

§ 597.915’s source at nv​.us