37-1012 UNLAWFUL MARKETING PRACTICES IN CONNECTION WITH SALE OF DAIRY PRODUCTS -- EXCEPTIONS.
FOOD, DRUGS, AND OIL
CHAPTER 10
DISCRIMINATION AND UNFAIR COMPETITION IN BUYING AND SELLING DAIRY PRODUCTS
37-1012. Unlawful marketing practices in connection with sale of dairy products -- Exceptions. It shall be unlawful for any person engaged in business as a wholesaler, processor, or distributor, individually or through or by affiliates, subsidiaries, associates, agents or stockholders, directly or indirectly, to do or cause to be done any of the following acts:
(a) Furnish, give, rent, lease, sell, or lend to a retail dealer or consumer any money, equipment, fixtures, including ice cream cabinets or bulk milk dispensers, supplies, or other things having a real or substantial value, or any expendable supplies commonly provided in connection with sales of dairy products to the consumer, (except that he may sell dairy products) except it shall be lawful to lend or rent ice cream cabinets, milk dispensers or milk coolers for periods of not to exceed ten (10) days in any one period of six (6) consecutive months to be used in community fairs and exhibits. Any existing arrangement covering any equipment or fixtures between any wholesaler, processor or distributor, on the one hand, and any retail dealer or consumer, on the other, shall become automatically terminated at the end of one hundred eighty (180) days after the effective date of this act (March 25, 1963). Any wholesaler, processor, or distributor owning any such equipment may, however, within one hundred eighty (180) days from the effective date of this act (March 25, 1963), sell such equipment to any retail dealer or consumer without being deemed in violation of this act, provided, however, that any such contract of sale shall terminate within thirty (30) months of the effective date of this act. All deferred payments on such contract shall carry interest at a rate of not less than six per cent (6%) per annum.