§ 62-2203.5. Exemptions.  


Latest version.
  • A.  The provisions of this act shall not apply to sales otherwise prohibited by subsections B and C of Section 4 of this act when disaster relief materials are:

    1.  Sold to relief agencies or for charitable purposes;

    2.  Sold on contract to departments of the government or governmental institutions;

    3.  Sold in bona fide clearance sales, if advertised, marked, and sold as such;

    4.  Imperfect or damaged or are being discontinued and are advertised, marked and sold as such;

    5.  Sold upon the final liquidation of any business;

    6.  Sold by any officer acting under the order or direction of any court; or

    7.  Sold at any bona fide auction sale.

    B.  A retailer or wholesaler shall not be found to have sold or advertised at less than cost if the materials sold are at a price made in good faith to meet the price of a competitor who is selling the same article or products of comparable quality at cost as a wholesaler or retailer.

    C.  The price of disaster relief materials advertised, offered for sale, or sold under the exemptions specified in Section 3 of this act, shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankrupt sale be considered the price of a competitor.

Added by Laws 2013, c. 400, § 6, eff. Nov. 1, 2013.