58-16a-902. Policy. It is the policy of the state that citizens who wear contact lenses pursuant to valid prescriptions should not be unreasonably denied the opportunity to purchase their contact lenses from their retailer of choice. Enacted by Chapter 245, 2006 General Session
58-16a-903. Definitions. As used in this part: (1) “Alternative channels of distribution” means any mail order company, Internet retailer, pharmacy, buying club, department store, or mass merchandise outlet, without regard to whether it is associated with a prescriber, unless the account meets the definition of a competitor as provided for in this section. (2) “Competitor” […]
58-16a-904. Certification of availability of contact lenses — Exceptions. (1) Beginning July 1, 2006, a manufacturer of contact lenses doing business in the state shall certify by affidavit to the Attorney General those brands of contact lenses produced, marketed, distributed, or sold by the manufacturer in the state that are made available in a commercially […]
58-16a-905. Manufacturers’ conduct. Nothing in Section 58-16a-904 is intended to require a manufacturer to: (1) sell to a competitor; (2) sell contact lenses to different contact lens distributors or customers at the same price; (3) open or maintain any account for a contact lens seller who is not in substantial compliance with Utah and federal […]
Effective 5/12/2015 58-16a-905.1. Contact lens manufacturer or distributor — Prohibited conduct. A contact lens manufacturer or a contact lens distributor may not: (1) take any action, by agreement, unilaterally, or otherwise, that has the effect of fixing or otherwise controlling the price that a contact lens retailer charges or advertises for contact lenses; or (2) […]
Effective 5/12/2015 58-16a-906. Penalties for violations. (1) A person who knowingly and intentionally violates a provision of Section 58-16a-904 is guilty of a class A misdemeanor. (2) The attorney general may bring a civil action or seek an injunction and a civil penalty against any person who violates a provision of Section 58-16a-904 or 58-16a-905.1. […]
