2006 Utah Code - 13-5-9 — Transactions involving more than one item -- Limitation on quantity of article or product sold or offered for sale to any one customer.

     13-5-9.   Transactions involving more than one item -- Limitation on quantity of article or product sold or offered for sale to any one customer.
     (1) For the purpose of preventing evasion of this act in all sales involving more than one item or commodity the vendor's or distributor's selling price shall not be below the cost of all articles, products, and commodities included in such transactions. Each article, product, or commodity individually advertised or offered for sale, shall be individually subject to the requirements of Section 13-5-7, when sold with other articles, products, or commodities.
     (2) Under this section, proof of limitation of the quantity of any article or product sold or offered for sale to any one customer of a quantity less than the entire supply thereof owned or possessed by the seller or which he is otherwise authorized to sell at the place of such sale or offering for sale, together with proof that the price at which the article or product is so sold or offered for sale is in fact below its cost, raises a presumption of the purpose or the intent of the sale being to injure competitors or destroy competition, and is unlawful. This section applies only to sales by persons conducting a retail business, the principal part of which involves the resale to consumers of commodities purchased or acquired for that purpose, as distinguished from persons principally engaged in the sale to consumers of commodities of their own production or manufacture.
     There shall be no circumvention of the provisions of this act relating to the quantity of articles or products any one customer may purchase by requiring presentation of coupons, certificates, special purchase authorizations, or any other procedures designed in any way to limit quantity of purchases as provided herein.

Amended by Chapter 23, 1965 General Session

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