HF 962

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to trade regulations; regulating unfair 
  1.3             cigarette sales; amending Minnesota Statutes 2002, 
  1.4             section 325D.33, subdivision 3. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 325D.33, 
  1.7   subdivision 3, is amended to read: 
  1.8      Subd. 3.  [REBATES OR CONCESSIONS.] (a) It is unlawful for 
  1.9   a wholesaler to offer a rebate in price, to give a rebate in 
  1.10  price, to offer a concession of any kind, or to give a 
  1.11  concession of any kind in connection with the sale of 
  1.12  cigarettes.  For purposes of this chapter, the term "discount" 
  1.13  is included in the definition of a rebate.  For purposes of this 
  1.14  subdivision, the term "wholesaler" does not include a 
  1.15  manufacturer or manufacturer's representative. 
  1.16     (b) Unlawful rebates or concessions under this subdivision 
  1.17  include at a minimum: 
  1.18     (1) rack or counter allowances; 
  1.19     (2) coupons or stickers; 
  1.20     (3) buy downs; 
  1.21     (4) payments to retailers for cigarette display space; and 
  1.22     (5) payments from manufacturers to distributors or 
  1.23  retailers of any incentive bonus based upon quantities of 
  1.24  cigarettes purchased or sold during any given period of time.