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10 §1201. Short title

§1201. Short title This chapter shall be known and may be cited as the “Unfair Sales Act.”  

10 §1202. Definitions

§1202. Definitions As used in this chapter, unless the context otherwise indicates, the following terms shall have the following meanings.   [PL 1979, c. 541, Pt. A, §92 (NEW).] 1.  Cost to the retailer.  “Cost to the retailer” shall mean the invoice cost of the merchandise to the retailer within 30 days prior to the […]

10 §1203. Exceptions

§1203. Exceptions This chapter shall not apply with respect to advertising or offering to sell, or selling, at retail or at wholesale, as the case may be, if done:   1.  Isolated transaction.  In an isolated transaction and not in the usual course of business;   2.  Clearance sales.  Where merchandise is sold in bona […]

10 §1204-A. Unlawful practices

§1204-A. Unlawful practices It is unlawful for any person engaged in the distribution or sale of merchandise of general use or consumption to sell such merchandise at less than the cost thereof to such vendor with the purpose or intent to injure competitors or destroy competition. Any merchandise offered for sale at a price below […]

10 §1204. Applicability of provisions

§1204. Applicability of provisions This chapter shall prevail whenever the application of any provision of any other law of this State, other than Title 7, chapter 603‑A, conflicts with the application of any provision of this chapter.   [PL 1983, c. 484, §3 (AMD).] SECTION HISTORY PL 1983, c. 484, §3 (AMD).

10 §1205. Bill in equity by injured person

§1205. Bill in equity by injured person 1.  Injunctive relief; damages and costs.  Any person damaged or who is threatened with loss or injury by reason of a violation or threatened violation of this chapter may bring a civil action in the Superior Court in the county where he resides, to prevent, restrain or enjoin […]

10 §1207. Penalties

§1207. Penalties Any retailer who, with intent to injure competitors or destroy competition, advertises, offers to sell or sells at retail any item of merchandise at less than cost to the retailer, or any wholesaler who, with intent as aforesaid, advertises, offers to sell or sells at wholesale any item of merchandise at less than […]

10 §1208. Summons

§1208. Summons 1.  Authority.  Whenever the Attorney General reasonably believes that a violation of section 1204‑A may be occurring in the sale of motor fuel, he may require by summons the attendance and testimony of witnesses and the production of books and papers before him relating to any and all costs of operation of any […]

10 §1209. Reports

§1209. Reports 1.  Requirement.  Whenever the price of motor fuel sold at a retail outlet operated or controlled by a wholesaler of motor fuel is less than the dealer tankwagon price charged for the same motor fuel to any independent retail outlet supplied by the wholesaler and located within one mile of the wholesaler’s outlet, […]