Commercial Law – General Regulatory Provisions

Unfair Sales Practices

SECTION 6-13-2.1

§ 6-13-2.1. Sales of milk.

(a) It shall be unlawful for any person, with intent to injure competitors or destroy competition, to sell within the state any milk or render any service in connection with the sale or distribution of milk at a price less than the cost of the milk or services, including, in the case of milk sold, the original purchase price, and in every instance all regular direct or indirect elements of cost, services, physical handling, and financial investment in the milk in question. No milk dealer shall, with this intent, use any method or device, either by discount or rebate; free service; advertising allowance; or by a combination price for the milk together with another commodity or service; that results in the total price of the milk and the other commodity or service being less than the aggregate of the prices for the milk and commodity or service when sold or offered for sale or performed separately or otherwise.

(b) Any person who shall violate the provisions of this section shall upon conviction be subject to the penalty provided in § 6-13-3. The provisions of §§ 6-13-3 – 6-13-8 shall apply to milk in the same manner as if milk were "merchandise".

History of Section.
(P.L. 1962, ch. 75, § 6; P.L. 2014, ch. 528, § 9.)