37-1012 — UNLAWFUL MARKETING PRACTICES IN CONNECTION WITH SALE OF DAIRY PRODUCTS -- EXCEPTIONS
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TITLE 37
FOOD, DRUGS, AND OIL
CHAPTER 10
DISCRIMINATION AND UNFAIR
COMPETITION IN BUYING AND
SELLING DAIRY PRODUCTS
37-1012. UNLAWFUL MARKETING PRACTICES IN CONNECTION WITH SALE OF DAIRY
PRODUCTS -- EXCEPTIONS. It shall be unlawful for any person engaged in
business as a wholesaler, processor, or distributor, individually or through
or by affiliates, subsidiaries, associates, agents or stockholders, directly
or indirectly, to do or cause to be done any of the following acts:
(a) Furnish, give, rent, lease, sell, or lend to a retail dealer or
consumer any money, equipment, fixtures, including ice cream cabinets or bulk
milk dispensers, supplies, or other things having a real or substantial value,
or any expendable supplies commonly provided in connection with sales of dairy
products to the consumer, (except that he may sell dairy products) except it
shall be lawful to lend or rent ice cream cabinets, milk dispensers or milk
coolers for periods of not to exceed ten (10) days in any one period of six
(6) consecutive months to be used in community fairs and exhibits. Any
existing arrangement covering any equipment or fixtures between any
wholesaler, processor or distributor, on the one hand, and any retail dealer
or consumer, on the other, shall become automatically terminated at the end of
one hundred eighty (180) days after the effective date of this act (March 25,
1963). Any wholesaler, processor, or distributor owning any such equipment
may, however, within one hundred eighty (180) days from the effective date of
this act (March 25, 1963), sell such equipment to any retail dealer or
consumer without being deemed in violation of this act, provided, however,
that any such contract of sale shall terminate within thirty (30) months of
the effective date of this act. All deferred payments on such contract shall
carry interest at a rate of not less than six per cent (6%) per annum.