48-405 PENALTY FOR ADVERTISING OR SELLING MERCHANDISE AT LESS THAN COST.
MONOPOLIES AND TRADE PRACTICES
CHAPTER 4
UNFAIR SALES ACT
48-405. Penalty for advertising or selling merchandise at less than cost. Any retailer or direct seller who shall, in contravention of the policy of this act, advertise, offer to sell or sell at retail any item of merchandise, which is subject to this act, at less than cost to the retailer or direct seller as defined in this act, or knowingly buys any item of merchandise, which is subject to this act, from any wholesaler at less than cost to the wholesaler as herein defined, or any wholesaler who shall, in contravention of the policy of this act, advertise, offer to sell or sell at wholesale any item of merchandise, which is subject to this act, at less than cost to the wholesaler as defined in this act, shall be guilty of a misdemeanor for each single offense, and upon conviction thereof shall be punished by a fine or not more than $500 or by imprisonment not to exceed six (6) months or by both said fine and imprisonment, in the discretion of the court. Proof of any such advertising, offer to sell or sale by any retailer, direct seller or wholesaler in contravention of the policy of this act, shall be prima facie evidence of a violation of this act.