HF 661

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; restraint of trade; repealing 
  1.3             price markup provisions in the sales discrimination 
  1.4             law; amending Minnesota Statutes 1994, section 
  1.5             325D.06; and repealing Minnesota Statutes 1994, 
  1.6             section 325D.08. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 325D.06, is 
  1.9   amended to read: 
  1.10     325D.06 [INAPPLICABLE SALES.] 
  1.11     The provisions of section 325D.01, subdivisions 2 to 6, and 
  1.12  sections 325D.04 and 325D.05 shall not apply to any sale made: 
  1.13     (1) In closing out in good faith the owner's stock, or any 
  1.14  part thereof, for the purpose of discontinuing trade in any such 
  1.15  stock or commodity, and in case of the sale of seasonal goods or 
  1.16  merchandise where style is the paramount feature or to the bona 
  1.17  fide sale of perishable goods to prevent loss to the vendor by 
  1.18  spoilage or depreciation, provided notice is given to the public 
  1.19  thereof; 
  1.20     (2) When the goods are damaged or deteriorated in quality, 
  1.21  and notice is given to the public thereof; 
  1.22     (3) By an officer acting under the orders of any court; 
  1.23     (4) In an endeavor made in good faith to meet the legal 
  1.24  prices of a competitor selling the same commodity, articles, 
  1.25  goods, wares, or merchandise in the same locality or trade area. 
  1.26     The price of a retail competitor which is less than eight 
  2.1   percent above the manufacturer's published list price less 
  2.2   published trade discounts where the manufacturer publishes a 
  2.3   list price, or in the absence of such a list price less than 
  2.4   eight percent above the actual current delivered invoice or 
  2.5   replacement cost without deducting customary cash discounts plus 
  2.6   the amount of any excise or sales tax shall be prima facie 
  2.7   evidence that it is not a legal price, within the meaning of 
  2.8   this section.  
  2.9      The price of a wholesale or subjobbing competitor to a 
  2.10  retailer, which is less than two percent above the 
  2.11  manufacturer's published list price less published trade 
  2.12  discounts where the manufacturer publishes a list price, or in 
  2.13  the absence of such a list price less than two percent above the 
  2.14  actual current delivered invoice or replacement cost without 
  2.15  deducting customary cash discounts plus the amount of any excise 
  2.16  or sales tax shall be prima facie evidence that it is not a 
  2.17  legal price, within the meaning of this section.  
  2.18     Any retailer, wholesaler, subjobber or vending machines 
  2.19  operator may request the attorney general to ascertain and 
  2.20  disclose to the person making the request, the current 
  2.21  manufacturer's published list price less published trade 
  2.22  discounts on any commodity, article, goods, wares, or 
  2.23  merchandise, and it shall then be the duty of the attorney 
  2.24  general, within 48 hours of such request, to ascertain and 
  2.25  disclose to the person making such request, the current 
  2.26  manufacturer's published list price less published trade 
  2.27  discounts.  
  2.28     Failure to make such request by any person before reducing 
  2.29  price on any commodity, article, goods, wares, or merchandise 
  2.30  below cost shall be prima facie evidence of not acting in good 
  2.31  faith within the meaning of this paragraph.  
  2.32     Sec. 2.  [REPEALER.] 
  2.33     Minnesota Statutes 1994, section 325D.08, is repealed. 
  2.34     Sec. 3.  [EFFECTIVE DATE.] 
  2.35     Sections 1 and 2 are effective the day following final 
  2.36  enactment.