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S.B. 109
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ICE CREAM AND MILK DISPENSER
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REQUIREMENTS
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1999 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Gene Davis
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AN ACT RELATING TO AGRICULTURE; AMENDING THE UTAH DAIRY ACT TO
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ALLOW ICE CREAM CABINETS TO BE LOANED TO A RETAILER IF CERTAIN
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CONDITIONS ARE MET.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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4-3-11, as last amended by Chapter 157, Laws of Utah 1990
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
4-3-11
is amended to read:
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4-3-11. Processors, manufacturers, or distributors -- Unlawful to give money,
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equipment, or fixtures to retailer or consumer -- Exceptions -- Shelf space for dairy products.
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(1) [No] Except as provided in Subsections (2) and (3), no processor, manufacturer,
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distributor, or his affiliates, subsidiaries, associates, agents or stockholders shall furnish, service,
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repair, give, lease, sell, or loan to a retailer or consumer any:
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(a) money;
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(b) equipment;
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(c) fixtures, including ice cream cabinets or bulk milk dispensers;
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(d) supplies, excluding expendable supplies commonly provided in connection with the
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sale of dairy products to a consumer; or
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(e) other things having a real or substantial value.
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(2) Ice cream cabinets may be loaned to a retailer if the ice cream cabinet:
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(a) is portable;
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(b) has a storage capacity not exceeding 19 cubic feet; and
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(c) is used solely for retail display sales to consumers.
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[(2)] (3) The leasing or renting of cabinets, dispensers, or coolers for dairy products for
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civic affairs, demonstrations, or exhibits is prohibited unless it is for a period of ten days or less
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in any one period of three consecutive months.
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[(3)] (4) (a) [No] Except as provided in Subsections (4)(b) and (4)(c), no retailer shall
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lease, sell, or loan[,] shelf or refrigerator space for dairy products to a processor, manufacturer, or
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distributor or receive anything of value from a processor, manufacturer, or distributor in exchange
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for shelf or refrigerator space for dairy products [to a processor, manufacturer, or distributor].
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(b) Subsection (4)(a) [shall] does not apply to a dairy by-product that is:
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(i) a short-term special; or
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(ii) a new product being introduced on a trial basis for a period not to exceed 45 days.
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(c) A processor, manufacturer, or distributor may loan an ice cream cabinet to a retailer
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for the display of the processor's, manufacturer's, or distributor's products, if the ice cream cabinet
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meets the requirements of Subsection (2).
Legislative Review Note
as of 11-24-98 1:42 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.