Chapter 325 — Minnesota Unfair Cigarette Sales Act

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Some provisions were renumbered to section 325F.21. 325.987 This section has been renumbered or relocated to other statute sections. 325.988 This section has been renumbered or relocated to other statute sections. 325.989 This section has been renumbered or relocated to other statute sections. 325D.02 Application This section explains which business activities the unfair trade practices laws cover. Section 325D.03 applies to making … 325D.03 Discrimination Unlawful It is illegal for businesses in Minnesota to charge different prices for the same products in different cities or … 325D.04 Selling Below Cost Forbidden It is illegal for retailers, wholesalers, or vending machine operators to sell goods below their cost in order to hurt a … 325D.05 Bankrupt Sales Not to Be Considered in Fixing Costs When figuring out the cost of goods for below-cost selling rules, businesses cannot use prices from bankruptcy or … 325D.06 Inapplicable Sales The below-cost selling rules do not apply in certain situations: closing out inventory to leave a business, selling … 325D.07 Remedies Cumulative The legal remedies available under the unfair trade practices law are in addition to any other remedies available under … 325D.08 This section has been repealed or relocated. 325D.09 Unlawful Trade Practices The legislature found that certain trade practices hurt workers, mislead consumers about prices and product quality, and … 325D.10 Definitions This section defines key terms used in the unlawful trade practices law, including 'person,' 'employer,' 'sale,' and … 325D.11 Certain Unlawful Trade Practices It is illegal to sell merchandise at retail from a building that does not meet local safety codes, or that pretends to … 325D.12 Retailers Not to Misrepresent Nature of Business It is illegal to advertise a going-out-of-business or closing sale unless the business is actually closing. The ad must … 325D.13 Quality, Misrepresented It is illegal to falsely claim that goods were damaged by fire, water, or other disaster in order to sell them. Any … 325D.14 Employer Not to Dispose of Other Than Own Products It is illegal to use a business name or advertising that falsely suggests a connection to the government, a bankruptcy … 325D.15 Violations; Restraining Orders It is illegal to sell or advertise goods using false claims about the manufacturer's identity, the goods' origin, or how … 325D.16 Application The attorney general or any county attorney can enforce the unlawful trade practices rules through injunctions. … 325D.18 This section has been repealed or relocated. 325D.19 This section has been repealed or relocated. 325D.20 This section has been repealed or relocated. 325D.21 This section has been repealed or relocated. 325D.22 This section has been repealed or relocated. 325D.23 This section has been repealed or relocated. 325D.24 This section has been repealed or relocated. 325D.25 This section has been repealed or relocated. 325D.26 This section has been repealed or relocated. 325D.27 This section has been repealed or relocated. 325D.28 This section has been repealed or relocated. 325D.29 This section has been repealed or relocated. 325D.30 Minnesota Unfair Cigarette Sales Act; Findings and Policy The legislature found that selling cigarettes below cost is an unfair business practice that hurts competitors and … 325D.31 Citation This section defines key terms used in the unfair cigarette sales law, including what counts as 'cost to the retailer,' … 325D.32 Definitions It is illegal for anyone in the chain of cigarette distribution to sell, offer, or advertise cigarettes below their … 325D.33 Sales at Less Than Cost; Penalty Retailers who cannot prove their actual cost of cigarettes must use the basic cost (wholesale list price plus a standard … 325D.34 Combination Sales Retailers and wholesalers who can prove they do business at costs lower than the standard markups in the law may use … 325D.35 Sales by a Wholesaler to a Wholesaler When cigarettes are sold as part of a combination deal with other products, the total price must still cover the cost of … 325D.36 Sales Exceptions The cigarette pricing rules do not apply to sales of damaged cigarettes, closeout sales when quitting the business, … 325D.37 Transactions Permitted to Meet Lawful Competition Manufacturers and wholesalers must file their cigarette price lists with the Department of Revenue and with any retailer … 325D.38 Admissible Evidence The attorney general, county attorneys, or any injured business can bring a lawsuit to stop violations of the cigarette … 325D.39 Sales Outside Ordinary Channels of Business; Effect Anyone who violates the cigarette pricing law is guilty of a misdemeanor. Each day the violation continues counts as a … 325D.40 Violations Evidence that cigarettes were sold below cost creates a presumption that the sale was made to hurt a competitor. It is … 325D.42 Partial Unconstitutionality The unfair cigarette sales rules do not apply to cigarettes sold from vending machines. 325D.43 Definitions This section defines key terms used in Minnesota's antitrust law, including 'trade or commerce,' 'person,' … 325D.44 Deceptive Trade Practices This is Minnesota's core antitrust law. It prohibits contracts, combinations, and conspiracies that restrain trade, as … 325D.45 Remedies The antitrust law applies to conduct that affects trade or commerce within Minnesota, even if some of the conduct … 325D.46 Application This section carves out exceptions to the antitrust law for labor unions, agricultural cooperatives, insurance … 325D.47 Uniformity of Application and Construction This section explains how Minnesota's antitrust law relates to federal antitrust law and other state laws. It should be … 325D.48 Citation Antitrust violations may be investigated by the state using civil investigative demands, which can require businesses to … 325D.49 Citation The attorney general can bring lawsuits on behalf of the state or Minnesota residents to stop antitrust violations and … 325D.50 Definitions Private individuals and businesses harmed by antitrust violations can sue for damages. Successful plaintiffs can recover … 325D.51 Unreasonable Restraint of Trade or Commerce Antitrust lawsuits can be brought as class actions under the Minnesota Rules of Civil Procedure. 325D.52 Establishment, Maintenance, or Use of Monopoly Power Antitrust cases must be filed within four years after the cause of action accrues. The time limit is paused during any … 325D.53 Prohibited Contracts, Combinations, and Conspiracies This section explains rules about joint and several liability, contribution among defendants, and how to calculate … 325D.54 Scope of Act This section provides transitional rules for how the antitrust law applies to conduct that occurred before the law was … 325D.55 Exemptions The antitrust chapter should be interpreted broadly to carry out the purpose of promoting free and fair competition in … 325D.56 Penalties for Violation If any part of the antitrust law is found unconstitutional, the rest of the law remains in effect. 325D.57 Damages Certain franchise relationship practices are declared unfair and inequitable, and franchisors must deal fairly with … 325D.58 Injunctive Relief This section defines terms used in the petroleum franchise law, including 'franchise,' 'franchisor,' 'franchisee,' and … 325D.59 Authority of the Attorney General A petroleum franchisor cannot cancel, terminate, or fail to renew a franchise except for good cause. The franchisor must … 325D.60 Forfeiture of Charter Rights and Privilege to Do Business This section lists what constitutes 'good cause' for terminating or not renewing a petroleum franchise, such as fraud, … 325D.61 Acts of Officers, Directors, Representatives, or Agents Acting Within Scope of Authority When a petroleum franchise is terminated without cause, the franchisor must compensate the franchisee for the fair … 325D.62 Judgment in Favor of State as Prima Facie Evidence A petroleum franchisor must give at least 90 days written notice before terminating or not renewing a franchise, and 15 … 325D.63 Notification of Civil Action A petroleum franchisor has a duty to deal fairly and in good faith with its franchisees and cannot engage in acts that … 325D.64 Statute of Limitations A franchisee who is wrongfully terminated can sue for damages, injunctive relief, and attorney fees. The court can award … 325D.65 Venue Any waiver of rights under the petroleum franchise law is void. Franchise agreements cannot take away the protections … 325D.66 Action Not Barred as Affecting or Involving Interstate or Foreign Commerce The petroleum franchise law does not limit any other rights or remedies available to franchisees under other laws. 325D.67 Petroleum This section defines terms used in the motor vehicle franchise law, including 'dealer,' 'manufacturer,' 'franchise,' and … 325D.68 Monopolization of Food Products A motor vehicle manufacturer cannot terminate, cancel, or fail to renew a dealer franchise without just cause, and must … 325D.69 This section details requirements and restrictions on motor vehicle manufacturers, including prohibitions against unfair … 325D.70 This section has been renumbered or relocated to other statute sections. 325E.01 Delivery Tickets to Accompany Each Fuel Delivery Every fuel delivery must include a written ticket showing the amount, type, and grade of fuel, the buyer's name, and the … 325E.02 Customer Deposits Fuel dealers must keep records of all fuel deliveries for at least two years, and the commissioner may inspect these … 325E.03 Sale of Beverage Containers Having Detachable Parts Cities with a population of 1,000 or more may pass ordinances that are stricter than the state fuel delivery … 325E.04 Free Samples; Distribution Gasoline sold in Minnesota must meet minimum quality standards. The commissioner of commerce is responsible for setting … 325E.05 Agricultural Implement Dealerships; Return of Stock Motor fuel quality is regulated by the Department of Commerce, which can inspect and test fuel at any point in the … 325E.06 Repurchase of Farm Machinery, Implements, Attachments and Parts Upon Termination of Contract This section establishes requirements for labeling and posting the grade and octane rating of motor fuel at gas … 325E.07 Cigarette Vending Machines, Notice Relating to Sales Violations of the motor fuel quality and labeling requirements are misdemeanors. The commissioner can also seek … 325E.08 Service for Disabled Persons at Gasoline Stations The commissioner of commerce can adopt rules to implement and enforce the motor fuel quality standards in this chapter. 325E.09 This section has been repealed or relocated. 325E.10 Definitions This section governs liquefied petroleum gas (propane) pricing and delivery practices, including requirements for … 325E.11 Collection Facilities; Notice Propane dealers must give customers advance notice before automatically filling their tanks and must disclose their … 325E.12 Penalty It is illegal for propane dealers to refuse to hook up a customer's own propane tank or to require customers to rent … 325E.13 Tampering With Odometers; Definitions This section requires propane dealers to remove their tanks from a customer's property within a reasonable time after … 325E.14 Prohibited Acts This section regulates the sale of heating fuel and requires dealers to provide pricing information and comply with fair … 325E.15 Transfer of Motor Vehicle; Mileage Disclosure This section addresses petroleum product pricing practices, including rules about posting prices and preventing … 325E.16 Penalties; Remedies This section governs the relationship between petroleum suppliers and dealers, including rules about pricing, … 325E.17 Unlawful Transfers or Sales of Recordings This section establishes rules about petroleum product allocation during fuel shortages, ensuring fair distribution … 325E.18 Identity of Transferor It is the policy of Minnesota that motor fuel price information be publicly available so consumers can comparison shop. 325E.19 Exemptions This section creates the Petroleum Tank Release Cleanup Fund to help pay for cleaning up fuel leaks from underground … 325E.20 This section has been repealed or relocated. 325E.21 Dealers in Scrap Metal; Records, Reports, and Registration This section establishes rules for underground petroleum storage tanks, including requirements for installation, … 325E.22 This section has been repealed or relocated. 325E.23 Definitions Biodiesel fuel sold in Minnesota must meet specific quality standards, and sellers must properly label biodiesel blends. 325E.24 Furnishing of Space; Exceptions This section sets minimum blend requirements for biodiesel fuel sold in Minnesota and establishes a schedule for … 325E.25 Violations This section requires that gasoline sold in Minnesota contain a minimum percentage of ethanol (typically 10%), with … 325F.01 Asbestos Used in Building and Remodeling It is illegal to use, sell, or deliver powdered asbestos for building construction or remodeling in Minnesota. Violating … 325F.02 This section has been repealed or relocated. 325F.03 This section has been repealed or relocated. 325F.04 This section has been repealed or relocated. 325F.05 This section has been repealed or relocated. 325F.06 This section has been repealed or relocated. 325F.07 This section has been repealed or relocated. 325F.08 Importation, Manufacture, Sale or Distribution of Hazardous Articles This section requires labels on fabrics and textiles to accurately state the fiber content, and prohibits false or … 325F.09 Definitions This section defines terms and establishes rules for labeling and advertising bedding products, including mattresses, … 325F.10 Banning of Hazardous Articles; Rules All bedding and upholstered furniture sold in Minnesota must have a label showing the filling materials. It is illegal … 325F.11 Testing of Articles to Determine and Insure Compliance Used bedding and mattresses can only be resold in Minnesota if they are properly sanitized and clearly labeled as … 325F.12 Repurchase of Banned Articles The commissioner may inspect businesses that sell bedding to ensure they comply with labeling and sanitation … 325F.13 Banned Hazardous Toys; Prohibitions Manufacturers and dealers in bedding products must register with the state and pay annual fees. 325F.14 Hazardous Toys; Seizure Violations of the bedding and upholstered furniture laws may result in license revocation, injunctions, and criminal … 325F.15 Commissioner's Right of Access to Premises, Records It is illegal to sell or offer hearing aids in Minnesota without a license. Hearing aid dispensers must meet education … 325F.16 Penalties This section establishes the requirements for obtaining and maintaining a hearing aid dispenser license in Minnesota. 325F.17 Citation This section sets standards of conduct for hearing aid dispensers, including requirements for testing, record-keeping, … 325F.19 Home Insulation; Consumer Protection; Definitions This section regulates going-out-of-business sales, requiring sellers to get a license, provide an inventory, and … 325F.20 Specifications for Manufacture, Labeling, and Installation of Insulation Auction sales must comply with specific rules about advertising, conducting the auction, and disclosing information to … 325F.22 Unfair and Deceptive Advertising Practices This section regulates referral selling, making it illegal to offer discounts or rebates to buyers in exchange for … 325F.23 Marking, Labeling, and Consumer Information It is illegal to advertise a sale price as a discount from a regular price unless the item was actually sold at the … 325F.24 Enforcement; Penalties It is illegal to sell or distribute products that imitate controlled substances (drug look-alikes) in Minnesota. 325F.26 Use of Secondhand Material Forbidden in Certain Cases This section requires disclosures when selling used motor vehicles, including known defects and the vehicle's history. 325F.27 Sale of Bedding This section regulates odometer tampering, making it illegal to roll back or alter the mileage on a motor vehicle. 325F.28 Material Must Be Renovated Motor vehicle dealers must display a buyer's guide on used vehicles disclosing warranty information and known defects. 325F.29 Sales Forbidden; Exceptions; Penalties This section prohibits deceptive advertising of motor vehicles, including false claims about prices, availability, and … 325F.30 Shoddy Material to Be Labeled Motor vehicle rustproofing and undercoating sold to consumers must be accompanied by specific warranties and … 325F.31 Bedding to Be Labeled This section regulates extended warranties and service contracts sold with motor vehicles, requiring specific … 325F.32 Feathers to Be Renovated Violations of the motor vehicle consumer protection laws can result in civil penalties, injunctions, and other … 325F.33 This section has been renumbered or relocated to other statute sections. 325F.34 Testimony; Production of Books and Documents This section establishes Minnesota's Motor Vehicle Lemon Law, which protects buyers of new vehicles that have repeated, … 325F.36 Manufacture and Sale of Cotton Duck or Canvas; Stamps, Brands, and Marks This section prohibits pyramid schemes and chain distribution plans where participants make money primarily by … 325F.37 Certain Sales Unlawful; Misstatements Forbidden Prize notification mailings must clearly disclose that no purchase is necessary to win, and must not be deceptive about … 325F.38 This section has been repealed or relocated. 325F.39 Unlawful to Deface Mark This section regulates automatic renewal clauses in consumer contracts, requiring clear disclosure and easy cancellation … 325F.40 Violations; Penalties It is illegal to make unsolicited telephone calls to sell goods or services to Minnesota residents who are on the state … 325F.41 Testimony; Production of Books and Documents This section establishes rules for telephone solicitation, including required disclosures, calling hour restrictions, … 325F.42 Fraud in the Sale of Fur Wearing Apparel This section regulates door-to-door sales, giving consumers a 3-day right to cancel purchases made at home from … 325F.43 Imitation Indian-made Goods to Be Branded Sellers in door-to-door transactions must provide buyers with a written cancellation form and clearly explain the right … 325F.44 Brand This section establishes Minnesota's Consumer Fraud Act, making it illegal to use fraud, deception, or false promises in … 325F.45 Goods Not to Be Sold Without Brand Anyone who violates the Consumer Fraud Act may be sued by the attorney general for injunctive relief and civil … 325F.46 Remedies The attorney general has authority to investigate suspected consumer fraud and can issue subpoenas to compel the … 325F.47 Misrepresentation of Blind-made Articles or Products Businesses that sell or service home electronics must provide written estimates before performing repairs, and cannot … 325F.48 Prison-made Goods Are Subject to Laws of State Home repair and improvement contractors must provide a written contract before starting work on projects over a certain … 325F.49 This section has been renumbered or relocated to other statute sections. 325F.50 This section has been renumbered or relocated to other statute sections. 325F.51 Operation of Airport Foreign Currency Exchanges This section protects consumers from having debts collected in a harassing, oppressive, or abusive manner. 325F.52 This section has been renumbered or relocated to other statute sections. 325F.53 Retail Merchandise; Price Marking Debt collection agencies must be licensed in Minnesota, and must follow specific rules about how they contact consumers … 325F.54 Penalties Debt collectors must stop contacting you if you send a written request to cease communications, except to notify you of … 325F.55 Local Ordinance Preempted This section provides remedies for consumers harassed by debt collectors, including actual damages, statutory damages, … 325F.56 Definitions This section establishes rules about credit reporting, including consumers' rights to access and dispute information in … 325F.57 Service Calls Credit reporting agencies must follow reasonable procedures to ensure the accuracy of consumer credit information and … 325F.58 Estimates This section establishes security freeze protections, allowing consumers to freeze their credit reports to prevent … 325F.59 Repairs This section establishes identity theft protections, including the right to place fraud alerts on credit reports and … 325F.60 Invoice Businesses that collect personal information must implement reasonable security measures to protect that data from … 325F.61 Return of Property Businesses that experience a data breach must notify affected Minnesota residents promptly and provide information about … 325F.62 Required Shop Practices This section provides additional protections against identity theft, including the right to obtain copies of fraudulent … 325F.63 Remedies; Penalties This section regulates the disposal of personal information, requiring businesses to take reasonable steps to destroy … 325F.64 Exemptions This section regulates gift cards and gift certificates, prohibiting expiration dates and most fees on gift cards sold … 325F.65 Preemption by State This section addresses price scanners at retail stores, requiring that the price charged matches the price displayed or … 325F.66 Title This section establishes rules about rain checks and customer rights when advertised items are sold out. 325F.67 False Statement in Advertisement This section regulates online commerce and establishes consumer protections for internet transactions. 325F.68 Definitions This section creates additional protections for consumers in online transactions, including disclosure requirements for … 325F.69 Unlawful Practices This section establishes Minnesota's consumer protection laws for home solicitation sales, providing a detailed … 325F.70 Remedies This section provides additional consumer remedies, allowing the attorney general to seek restitution for consumers … 325G.01 Effect of Delivery If a company sends you goods you did not order, those goods are legally a free gift. You do not have to pay for them or … 325G.02 Definitions This section defines key terms used in the home solicitation sales law, including 'home solicitation sale,' 'buyer,' and … 325G.03 Unsolicited Financial Transaction Cards Buyers in home solicitation sales have the right to cancel the transaction within 3 business days by giving written … 325G.04 Lost or Stolen Financial Transaction Cards When a home solicitation sale is canceled, the seller must refund all payments within 10 business days and the buyer … 325G.05 Disputed Accounts Sellers in home solicitation sales must give the buyer a written notice explaining the right to cancel and providing a … 325G.06 Definitions This section establishes Minnesota's Plain Language Contract Act, requiring consumer contracts to be written in clear, … 325G.07 Buyer's Right to Cancel Consumer contracts must use clear headings, short sentences, and everyday words. Contracts that are too hard to read may … 325G.08 Writing Required; Notice of Right to Cancel; Notice of Cancellation This section defines terms used in the credit services law, which regulates companies that promise to help improve your … 325G.09 Return of Payments or Goods Credit services organizations must provide a written contract and give consumers a 5-day right to cancel before any … 325G.10 Penalties for Violation It is illegal for credit repair companies to make false or misleading claims about their ability to improve your credit … 325G.11 Damages Credit services organizations must be bonded and cannot charge fees until services have been performed as promised in … 325G.12 Definitions This section establishes consumer protections for motor vehicle repair, including requirements for written estimates and … 325G.13 Disclosure Obligation Motor vehicle repair shops must return replaced parts to the customer upon request and must itemize charges on the final … 325G.14 Penalties; Remedies This section establishes the right of motor vehicle owners to choose their own repair shop, and prohibits insurers from … 325G.15 Definitions This section regulates health club contracts, including membership terms, cancellation rights, and financial protections … 325G.16 Restrictions Health club members have the right to cancel their membership if they move more than 25 miles away, become disabled, or … 325G.17 Definitions Health clubs must be bonded or maintain a trust fund to protect members' prepaid fees in case the club goes out of … 325G.18 Implied Warranties This section establishes rules for dance studio contracts, including limits on contract duration and consumer … 325G.19 Express Warranties This section regulates buying clubs that charge membership fees for the right to buy goods at discounted prices. 325G.20 Remedies This section establishes rules for invention development services, requiring disclosure of success rates and giving … 325G.21 Deficiency Judgments; Consumer Transactions; Definitions Invention development companies must disclose how many of their past clients actually made money, and what percentage of … 325G.22 Limits on Buyer's Liability This section regulates residential building contractors, including requirements for written contracts and disclosures to … 325G.23 Definitions This section establishes protections for manufactured home owners, including requirements for park operators regarding … 325G.24 Right of Cancellation Manufactured home park operators must provide residents with written leases and cannot evict residents except for … 325G.25 Contract Regulation Manufactured home park residents have the right to sell their home without unreasonable interference from the park … 325G.26 Limitation on Membership Period This section establishes notice requirements when a manufactured home park is being converted to another use or is … 325G.27 Registration Requirements, Surety Bond Requirement, Alternative Security This section provides remedies for violations of the manufactured home park law, including damages, injunctions, and … 325G.28 Violations This section addresses additional manufactured home park issues, including assessments, maintenance responsibilities, … 349.30 Definitions This section defines the state's interest in regulating lawful gambling and establishes the Gambling Control Board to … 349.31 Gambling Device; Possession of This section defines terms used in the lawful gambling chapter, including 'lawful gambling,' 'organization,' and the … 349.32 Issuing Authority to Suspend or Revoke Only licensed organizations may conduct lawful gambling in Minnesota. This section establishes licensing requirements … 349.33 Peace Officers to Observe and Inspect Premises This section sets rules for where and how lawful gambling can be conducted, including premises permits and restrictions … 349.34 Proceedings Before Issuing Authority; Order to Show Cause This section establishes financial requirements for lawful gambling, including accounting practices, use of proceeds, … 349.35 Revocation of License This section regulates the sale and use of gambling equipment, including requirements for manufacturers and … 349.36 Duties of County Attorney or Attorney General The Gambling Control Board has authority to investigate gambling operations, examine records, and enforce compliance … 349.37 Witnesses Violations of the lawful gambling laws can result in license revocation, civil penalties, and criminal prosecution. 349.38 Property Owners Liability This section establishes rules about how lawful gambling proceeds must be spent and what constitutes allowable and … 349.39 Appeal to District Court; Stay; Continuance Under Bond; Hearing Upon One Year Limitation on Premises This section addresses electronic gambling equipment, including electronic pull-tabs and linked bingo, and establishes … 8.31 Additional Duties of Attorney General The attorney general has the power to investigate and prosecute violations of certain laws protecting consumers, …