2006 Utah Code - 13-16-6 — Sales not considered violations.

     13-16-6.   Sales not considered violations.
     (1) It is not a violation of Subsection 13-16-4(2) if:
     (a) a difference exists at the same level of distribution between the transfer price or sales price of motor fuel of like grade and quality and the price charged to a person who purchases for resale, including any discount, rebate, allowance, service, or facility granted to any person, including any of a supplier's own marketing operations, who purchases for resale, in excess of those provided to any other person who purchases for resale if the difference makes only due allowance for differences in the cost of:
     (i) manufacturing;
     (ii) transportation, shipping, or other delivery method; or
     (iii) marketing or sale resulting from the method or quantity in which the motor fuel is sold or delivered; or
     (b) a difference exists in transfer price and sales price or between sales prices at the same marketing level if the difference exists because of a good faith effort to meet the equally low price of a competitor or if the sale is exempt under Section 13-5-12.
     (2) It is not a violation of Subsection 13-16-4(1) if a sale below cost is:
     (a) the result of a good faith effort to meet the equally low price of a competitor; or
     (b) a sale exempt under Section 13-5-12.

Amended by Chapter 283, 2001 General Session