§ 325D.06 — Inapplicable Sales
Plain-Language Summary
The below-cost selling rules do not apply in certain situations, such as closing out a business, selling damaged goods, selling under a court order, or matching a competitor's legal prices in good faith.
325D.06 INAPPLICABLE SALES.
The provisions of sections 325D.01, subdivisions 2 to 6; 325D.04; and 325D.05 shall not apply to any sale made:
(1) in closing out in good faith the owner’s stock, or any part thereof, for the purpose of discontinuing trade in any such stock or commodity, and in case of the sale of seasonal goods or merchandise where style is the paramount feature or to the bona fide sale of perishable goods to prevent loss to the vendor by spoilage or depreciation, provided notice is given to the public thereof;
(2) when the goods are damaged or deteriorated in quality, and notice is given to the public thereof;
(3) by an officer acting under the orders of any court;
(4) in an endeavor made in good faith to meet the legal prices of a competitor selling the same commodity, articles, goods, wares, or merchandise in the same locality or trade area.
History:
(3976-45) 1937 c 116 pt 2 s 6; 1939 c 403 s 3; 1941 c 326 s 3; 1957 c 822 s 3; 1967 c 302 s 2; 1986 c 444; 1995 c 73 s 1
History: History: (3976-45) 1937 c 116 pt 2 s 6; 1939 c 403 s 3; 1941 c 326 s 3; 1957 c 822 s 3; 1967 c 302 s 2; 1986 c 444; 1995 c 73 s 1