325D.30 MINNESOTA UNFAIR CIGARETTE SALES ACT; FINDINGS AND POLICY. The legislature finds that unfair, dishonest, and fraudulent business practices exist in transactions involving the sale of, or offer to sell, cigarettes in the wholesale and retail trades in this state and are demoralizing and disorganizing the said trades. Offering for sale, or sale of cigarettes […]
325D.31 CITATION. Sections 325D.30 to 325D.42 shall be known as the “Minnesota Unfair Cigarette Sales Act.” History: 1967 c 600 s 2
325D.32 DEFINITIONS. Subdivision 1. Scope. For the purpose of sections 325D.30 to 325D.42, the words, terms and phrases defined in this section have the meanings ascribed to them except where the context clearly indicates a different meaning. Subd. 2. Cigarettes. “Cigarettes” means and includes any roll for smoking, made wholly or in part of tobacco, […]
325D.33 SALES AT LESS THAN COST; PENALTY. Subdivision 1. Prohibited sales. It shall be unlawful for any wholesaler or retailer to offer to sell, or sell, at wholesale or retail, cigarettes at less than cost to such wholesaler or retailer, as the case may be, as defined in sections 325D.30 to 325D.42 for the purpose […]
325D.34 COMBINATION SALES. In all offers for sale or sales involving cigarettes and any other item at a combined price and in all offers for sale, or sales, involving the giving of any gift or concession of any kind whatsoever, and which are not given by the wholesaler or retailer with all sales made in […]
325D.35 SALES BY A WHOLESALER TO A WHOLESALER. When one wholesaler sells cigarettes to any other wholesaler, the former shall not be required to include in the selling price to the latter, the cost of doing business to the wholesaler, as defined by section 325D.32, but the latter wholesaler, upon resale to a retailer, shall […]
325D.36 SALES EXCEPTIONS. The provisions of sections 325D.30 to 325D.42 shall not apply to a sale at wholesale or a sale at retail made (a) in an isolated transaction; (b) where cigarettes are offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in such cigarettes and said […]
325D.37 TRANSACTIONS PERMITTED TO MEET LAWFUL COMPETITION. Subdivision 1. Authorization. Any wholesaler may advertise, offer to sell or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article at the cost to the competing wholesaler as defined by sections 325D.30 to 325D.42. Any […]
325D.371 PUBLICATION OF CIGARETTE PRICES. The commissioner shall publish in the State Register the presumed legal prices of all cigarettes as calculated pursuant to section 325D.32, subdivision 10. The prices must be published within one month of each recomputation, but not less than once each year. History: 1993 c 375 art 17 s 15
325D.38 ADMISSIBLE EVIDENCE. Subdivision 1. Cost to wholesalers and retailers. In determining cost to the wholesaler and cost to the retailer the court shall receive and consider as bearing on the bona fides of such cost, evidence that any person complained against under any of the provisions of sections 325D.30 to 325D.42 purchased or sold […]
325D.39 SALES OUTSIDE ORDINARY CHANNELS OF BUSINESS; EFFECT. In establishing the basic cost of cigarettes to a wholesaler or a retailer, it shall not be permissible to use the invoice cost or the actual cost of any cigarettes purchased at a forced, bankrupt, or closeout sale, or other sale outside of the ordinary channels of […]
325D.40 VIOLATIONS. Subdivision 1. Remedies. Any person who would suffer injury from any threatened violation of sections 325D.30 to 325D.42 may maintain an action to enjoin such actual or threatened violation and proof of actual damages need not be alleged or proved in cases of threatened violation. If a violation or threatened violation of the […]
325D.405 INVESTIGATIONS. The commissioner or duly authorized agents may conduct investigations to determine compliance with the provisions of sections 325D.30 to 325D.42 and, in connection with such investigations, the commissioner and duly authorized agents have all the powers conferred upon the commissioner by section 45.027. History: 1991 c 291 art 9 s 44; 1Sp2001 c […]
325D.415 CIGARETTE DISTRIBUTOR FEES. A cigarette distributor as defined in section 297F.01, subdivision 4, shall pay to the commissioner an annual fee as follows: (1) a fee of $2,500 is due from those distributors whose annual cigarette tax collections exceed $2,000,000; and (2) a fee of $1,200 is due from those distributors whose annual cigarette […]
325D.42 PARTIAL UNCONSTITUTIONALITY. The provisions of sections 325D.30 to 325D.42 shall be deemed to be severable and if for any reason any provisions shall be determined to be unconstitutional or invalid, such determination shall not be held to affect any other provisions hereof. And no such determination shall be deemed to invalidate or render ineffectual […]
