Minnesota Session Laws - 1995, Regular Session

                             CHAPTER 73-S.F.No. 446 
                  An act relating to commerce; restraint of trade; 
                  repealing price markup provisions in the sales 
                  discrimination law; amending Minnesota Statutes 1994, 
                  section 325D.06; and repealing Minnesota Statutes 
                  1994, section 325D.08. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 325D.06, is 
        amended to read: 
           325D.06 [INAPPLICABLE SALES.] 
           The provisions of section 325D.01, subdivisions 2 to 6, and 
        sections 325D.04 and 325D.05 shall not apply to any sale made: 
           (1) In closing out in good faith the owner's stock, or any 
        part thereof, for the purpose of discontinuing trade in any such 
        stock or commodity, and in case of the sale of seasonal goods or 
        merchandise where style is the paramount feature or to the bona 
        fide sale of perishable goods to prevent loss to the vendor by 
        spoilage or depreciation, provided notice is given to the public 
        thereof; 
           (2) When the goods are damaged or deteriorated in quality, 
        and notice is given to the public thereof; 
           (3) By an officer acting under the orders of any court; 
           (4) In an endeavor made in good faith to meet the legal 
        prices of a competitor selling the same commodity, articles, 
        goods, wares, or merchandise in the same locality or trade area. 
           The price of a retail competitor which is less than eight 
        percent above the manufacturer's published list price less 
        published trade discounts where the manufacturer publishes a 
        list price, or in the absence of such a list price less than 
        eight percent above the actual current delivered invoice or 
        replacement cost without deducting customary cash discounts plus 
        the amount of any excise or sales tax shall be prima facie 
        evidence that it is not a legal price, within the meaning of 
        this section.  
           The price of a wholesale or subjobbing competitor to a 
        retailer, which is less than two percent above the 
        manufacturer's published list price less published trade 
        discounts where the manufacturer publishes a list price, or in 
        the absence of such a list price less than two percent above the 
        actual current delivered invoice or replacement cost without 
        deducting customary cash discounts plus the amount of any excise 
        or sales tax shall be prima facie evidence that it is not a 
        legal price, within the meaning of this section.  
           Any retailer, wholesaler, subjobber or vending machines 
        operator may request the attorney general to ascertain and 
        disclose to the person making the request, the current 
        manufacturer's published list price less published trade 
        discounts on any commodity, article, goods, wares, or 
        merchandise, and it shall then be the duty of the attorney 
        general, within 48 hours of such request, to ascertain and 
        disclose to the person making such request, the current 
        manufacturer's published list price less published trade 
        discounts.  
           Failure to make such request by any person before reducing 
        price on any commodity, article, goods, wares, or merchandise 
        below cost shall be prima facie evidence of not acting in good 
        faith within the meaning of this paragraph.  
           Sec. 2.  [REPEALER.] 
           Minnesota Statutes 1994, section 325D.08, is repealed. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective the day following final 
        enactment. 
           Presented to the governor April 18, 1995 
           Signed by the governor April 19, 1995, 2:18 p.m.