DISCRIMINATION AND UNFAIR COMPETITION IN BUYING AND SELLING DAIRY PRODUCTS
37-1003b. Unfair and unlawful practices enumerated. In the marketing of milk, cream and dairy products the following methods of doing business or trade practices are hereby declared unfair and unlawful:
(a) The payment, allowance, or acceptance of secret rebates, secret refunds, or unearned discounts, whether in the form of money or otherwise, except as provided in paragraph (i) of this section.
(b) The giving of any milk, cream, dairy products, services, money, or articles of any kind except to bona fide charities for the purpose of securing or retaining the milk, cream, or dairy products business of any wholesale customer; provided, however, that nothing herein shall be construed to prohibit a distributor of frozen dairy products, frozen dessert and frozen novelties, for reasonable compensation as provided in section 37-1003c, from furnishing a wholesale customer with, and maintaining such refrigeration facilities as shall be reasonably necessary for the storage and preservation of the frozen products distributed by such distributor to such wholesale customer; provided further, that the use of said refrigeration facilities by any person for the storage or preservation of any product other than the frozen products distributed to said wholesale customer by the distributor furnishing such facilities shall be an unfair and unlawful business practice.
(c) The extension to any wholesale customer or consumer of special prices or services not made available to all wholesale customers or consumers who purchase milk, cream, or dairy products of like quantity under like terms and conditions.
1. No payment, credit, or compensation may lawfully be allowed by a distributor to a wholesale customer for advertising or display in connection with the sale of a distributor’s milk, cream, or dairy product.
2. No payment of money, or payment, or gift, or loan of anything of value may lawfully be given to a wholesale customer for the privilege of painting or placing a sign, advertisement, or other advertising material, or otherwise advertising a distributor’s products in, on, or adjoining any premises selling milk, cream or dairy products.
3. No outside advertising material permissible under this section may lawfully advertise items other than the distributor’s milk, cream, and dairy products, and items made from the same, except not more than one-third (1/3) of the space on such advertising material may be allocated to the wholesale customer’s name and products served in conjunction with milk, cream, and dairy products.
4. Inside advertising material furnished by a distributor of frozen dairy products shall be confined and limited to the advertising of the frozen dairy products manufactured by and/or distributed by the manufacturer or distributor of said frozen dairy products and/or their agents and may include the name, brands and description of the frozen dairy products of said manufacturer or distributor. Provided, further, that not more than one-third (1/3) of the space on such advertising material may be allocated to the wholesale customer’s name and products served in conjunction with milk, cream, and dairy products.
(d) Any false or misleading advertising of milk, cream or dairy products.
(e) Discriminations in price between wholesale customers, or between consumers, who purchase milk, cream, or dairy products of like grade and quality under like conditions of service where the effect of such discrimination may be substantially to lessen competition or to injure or destroy or prevent competition with the person who either grants or knowingly receives the benefit of such discrimination; provided, that nothing herein shall prevent differentials which make only due allowance for differences in the cost of the raw product used in such milk, cream, or dairy products, or the cost of manufacture, processing, sale or delivery resulting from the different methods or quantities in which said commodities are manufactured, processed, sold or delivered.
(f) The sale of milk, cream, and dairy products at less than cost which, as used herein, shall mean the cost of raw product, plus all costs of manufacturing, processing, handling, sale and delivery, including overhead costs. Evidence of cost, based on impartial audits or surveys, made within a reasonable time prior to an alleged violation of this sub-paragraph shall constitute prima facie proof of such cost at the time of the commission of such violation.
(g) False statements or representations, knowingly made, by any wholesale customer or consumer, or anyone acting on the behalf of either, to any distributor or manufacturer, or any representative thereof, that a competitor or such distributor or manufacturer has offered or is offering to sell, or is selling milk, cream, or dairy products to said wholesale customer or consumer at a lower price or prices than said manufacturer or distributor has offered or is offering to sell, or is selling the same, or that said competitor has offered or is offering to do, or is doing any of the business practices heretofore declared to be unfair and unlawful.
(h) The making or renewal of any money loans to any wholesale customer.
(i) The provisions of this chapter shall not prohibit the use of a discount coupon or the giving of an article in connection with the sale of dairy products to consumers, provided in doing so, the price of the dairy product is not lowered below its cost.
DISCRIMINATION AND UNFAIR COMPETITION IN BUYING AND SELLING DAIRY PRODUCTS
37-1003b. Unfair and unlawful practices enumerated. In the marketing of milk, cream and dairy products the following methods of doing business or trade practices are hereby declared unfair and unlawful:
(a) The payment, allowance, or acceptance of secret rebates, secret refunds, or unearned discounts, whether in the form of money or otherwise, except as provided in paragraph (i) of this section.
(b) The giving of any milk, cream, dairy products, services, money, or articles of any kind except to bona fide charities for the purpose of securing or retaining the milk, cream, or dairy products business of any wholesale customer; provided, however, that nothing herein shall be construed to prohibit a distributor of frozen dairy products, frozen dessert and frozen novelties, for reasonable compensation as provided in section 37-1003c, from furnishing a wholesale customer with, and maintaining such refrigeration facilities as shall be reasonably necessary for the storage and preservation of the frozen products distributed by such distributor to such wholesale customer; provided further, that the use of said refrigeration facilities by any person for the storage or preservation of any product other than the frozen products distributed to said wholesale customer by the distributor furnishing such facilities shall be an unfair and unlawful business practice.
(c) The extension to any wholesale customer or consumer of special prices or services not made available to all wholesale customers or consumers who purchase milk, cream, or dairy products of like quantity under like terms and conditions.
1. No payment, credit, or compensation may lawfully be allowed by a distributor to a wholesale customer for advertising or display in connection with the sale of a distributor’s milk, cream, or dairy product.
2. No payment of money, or payment, or gift, or loan of anything of value may lawfully be given to a wholesale customer for the privilege of painting or placing a sign, advertisement, or other advertising material, or otherwise advertising a distributor’s products in, on, or adjoining any premises selling milk, cream or dairy products.
3. No outside advertising material permissible under this section may lawfully advertise items other than the distributor’s milk, cream, and dairy products, and items made from the same, except not more than one-third (1/3) of the space on such advertising material may be allocated to the wholesale customer’s name and products served in conjunction with milk, cream, and dairy products.
4. Inside advertising material furnished by a distributor of frozen dairy products shall be confined and limited to the advertising of the frozen dairy products manufactured by and/or distributed by the manufacturer or distributor of said frozen dairy products and/or their agents and may include the name, brands and description of the frozen dairy products of said manufacturer or distributor. Provided, further, that not more than one-third (1/3) of the space on such advertising material may be allocated to the wholesale customer’s name and products served in conjunction with milk, cream, and dairy products.
(d) Any false or misleading advertising of milk, cream or dairy products.
(e) Discriminations in price between wholesale customers, or between consumers, who purchase milk, cream, or dairy products of like grade and quality under like conditions of service where the effect of such discrimination may be substantially to lessen competition or to injure or destroy or prevent competition with the person who either grants or knowingly receives the benefit of such discrimination; provided, that nothing herein shall prevent differentials which make only due allowance for differences in the cost of the raw product used in such milk, cream, or dairy products, or the cost of manufacture, processing, sale or delivery resulting from the different methods or quantities in which said commodities are manufactured, processed, sold or delivered.
(f) The sale of milk, cream, and dairy products at less than cost which, as used herein, shall mean the cost of raw product, plus all costs of manufacturing, processing, handling, sale and delivery, including overhead costs. Evidence of cost, based on impartial audits or surveys, made within a reasonable time prior to an alleged violation of this sub-paragraph shall constitute prima facie proof of such cost at the time of the commission of such violation.
(g) False statements or representations, knowingly made, by any wholesale customer or consumer, or anyone acting on the behalf of either, to any distributor or manufacturer, or any representative thereof, that a competitor or such distributor or manufacturer has offered or is offering to sell, or is selling milk, cream, or dairy products to said wholesale customer or consumer at a lower price or prices than said manufacturer or distributor has offered or is offering to sell, or is selling the same, or that said competitor has offered or is offering to do, or is doing any of the business practices heretofore declared to be unfair and unlawful.
(h) The making or renewal of any money loans to any wholesale customer.
(i) The provisions of this chapter shall not prohibit the use of a discount coupon or the giving of an article in connection with the sale of dairy products to consumers, provided in doing so, the price of the dairy product is not lowered below its cost.
DISCRIMINATION AND UNFAIR COMPETITION IN BUYING AND SELLING DAIRY PRODUCTS
37-1003b. Unfair and unlawful practices enumerated. In the marketing of milk, cream and dairy products the following methods of doing business or trade practices are hereby declared unfair and unlawful:
(a) The payment, allowance, or acceptance of secret rebates, secret refunds, or unearned discounts, whether in the form of money or otherwise, except as provided in paragraph (i) of this section.
(b) The giving of any milk, cream, dairy products, services, money, or articles of any kind except to bona fide charities for the purpose of securing or retaining the milk, cream, or dairy products business of any wholesale customer; provided, however, that nothing herein shall be construed to prohibit a distributor of frozen dairy products, frozen dessert and frozen novelties, for reasonable compensation as provided in section 37-1003c, from furnishing a wholesale customer with, and maintaining such refrigeration facilities as shall be reasonably necessary for the storage and preservation of the frozen products distributed by such distributor to such wholesale customer; provided further, that the use of said refrigeration facilities by any person for the storage or preservation of any product other than the frozen products distributed to said wholesale customer by the distributor furnishing such facilities shall be an unfair and unlawful business practice.
(c) The extension to any wholesale customer or consumer of special prices or services not made available to all wholesale customers or consumers who purchase milk, cream, or dairy products of like quantity under like terms and conditions.
1. No payment, credit, or compensation may lawfully be allowed by a distributor to a wholesale customer for advertising or display in connection with the sale of a distributor’s milk, cream, or dairy product.
2. No payment of money, or payment, or gift, or loan of anything of value may lawfully be given to a wholesale customer for the privilege of painting or placing a sign, advertisement, or other advertising material, or otherwise advertising a distributor’s products in, on, or adjoining any premises selling milk, cream or dairy products.
3. No outside advertising material permissible under this section may lawfully advertise items other than the distributor’s milk, cream, and dairy products, and items made from the same, except not more than one-third (1/3) of the space on such advertising material may be allocated to the wholesale customer’s name and products served in conjunction with milk, cream, and dairy products.
4. Inside advertising material furnished by a distributor of frozen dairy products shall be confined and limited to the advertising of the frozen dairy products manufactured by and/or distributed by the manufacturer or distributor of said frozen dairy products and/or their agents and may include the name, brands and description of the frozen dairy products of said manufacturer or distributor. Provided, further, that not more than one-third (1/3) of the space on such advertising material may be allocated to the wholesale customer’s name and products served in conjunction with milk, cream, and dairy products.
(d) Any false or misleading advertising of milk, cream or dairy products.
(e) Discriminations in price between wholesale customers, or between consumers, who purchase milk, cream, or dairy products of like grade and quality under like conditions of service where the effect of such discrimination may be substantially to lessen competition or to injure or destroy or prevent competition with the person who either grants or knowingly receives the benefit of such discrimination; provided, that nothing herein shall prevent differentials which make only due allowance for differences in the cost of the raw product used in such milk, cream, or dairy products, or the cost of manufacture, processing, sale or delivery resulting from the different methods or quantities in which said commodities are manufactured, processed, sold or delivered.
(f) The sale of milk, cream, and dairy products at less than cost which, as used herein, shall mean the cost of raw product, plus all costs of manufacturing, processing, handling, sale and delivery, including overhead costs. Evidence of cost, based on impartial audits or surveys, made within a reasonable time prior to an alleged violation of this sub-paragraph shall constitute prima facie proof of such cost at the time of the commission of such violation.
(g) False statements or representations, knowingly made, by any wholesale customer or consumer, or anyone acting on the behalf of either, to any distributor or manufacturer, or any representative thereof, that a competitor or such distributor or manufacturer has offered or is offering to sell, or is selling milk, cream, or dairy products to said wholesale customer or consumer at a lower price or prices than said manufacturer or distributor has offered or is offering to sell, or is selling the same, or that said competitor has offered or is offering to do, or is doing any of the business practices heretofore declared to be unfair and unlawful.
(h) The making or renewal of any money loans to any wholesale customer.
(i) The provisions of this chapter shall not prohibit the use of a discount coupon or the giving of an article in connection with the sale of dairy products to consumers, provided in doing so, the price of the dairy product is not lowered below its cost.
