NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 815

HOUSE BILL 1221

 

 

AN ACT TO REVISE AND DEFINE COST IN THE PROVISION PROHIBITING LOSS LEADER SALE OF MILK.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 106-266.19 as it appears in the 1974 Cumulative Supplement to Volume 3A of the General Statutes, is hereby amended as follows:

On line 5 after the word and punctuation "prohibited." insert a new sentence:

"However, milk may be sold below cost to meet competition if notice has been sent to the commission by registered or certified mail identifying the competitor or competitors."

On line 11 between the word "competition," and the word "or" insert:

"or that it was sold below cost to meet competition after notice has been sent to the commission by registered or certified mail identifying the competitor or competitors,".

On line 13 after the word "cost" and before the word "shall" insert: "for a distributor or producer-distributor".

On line 15 after the sentence ending "and marketing expenses.", begin the following sentence:

"For a retailer the term 'cost' shall be construed to mean the wholesale invoice price paid for Grade A or Class I milk in the area where such sale is made, provided, however,".

On line 15 change the capital letter "I" in the word "In" to lower case letter "i" for the word "in".

On line 18 of the above sentence delete the words "received by the distributor or producer-distributor or" and insert the words "paid by the".

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 24th day of June, 1975.