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House Journal: Page 973: Thursday, March 23, 2000

15 (whether it be coupons or otherwise), the wholesaler's
16 or retailer's combined selling price shall not be
17 below the cost to the wholesaler or the cost to the
18 retailer, respectively, of the total of all articles,
19 products, commodities, gifts and concessions included
20 in such transactions: If any such articles, products,
21 commodities, gifts or concessions, shall not be
22 cigarettes, the basic cost thereof shall be determined
23 in like manner as provided in section 421B.2,
24 subsection 8.""
25 2. Page 1, by inserting after line 7 the
26 following:
27 " . Page 1, by inserting after line 7 the
28 following:
29 "Sec. . Section 453A.39, Code 1999, is amended
30 by striking the section and inserting in lieu thereof
31 the following:
32 453A.39 TOBACCO PRODUCTS, CIGARETTES, GIFTS, AND
33 PAYMENTS FOR DISPLAYING CIGARETTES - PROHIBITIONS.
34 1. Unless authorized under subsection 3, a
35 manufacturer, distributor, wholesaler, retailer, or
36 distributing agent or agent thereof shall not give
37 away cigarettes or tobacco products at any time in
38 connection with the manufacturer's, distributor's,
39 wholesaler's, retailer's, or distributing agent's
40 business or for promotion of the business or product.
41 2. Unless authorized by subsection 3, a
42 manufacturer, distributor, wholesaler, retailer, or
43 distributing agent shall not provide free articles,
44 products, commodities, gifts, or concessions in an
45 offer for sale or sale involving cigarettes or tobacco
46 products.
47 3. The prohibitions in this section do not apply
48 to transactions between manufacturers, distributors,
49 or wholesalers."
50 . Title page, line 1 by inserting after the

Page 2

1 word "of" the following: "certain practices including
2 the"."
3 3. Page 1, by inserting after line 11 the
4 following:
5 " . Title page, line 5, by inserting after the
6 word "states," the following: "and including the
7 prohibition of the giving away of certain cigarettes
8 and tobacco products,"."

Barry of Harrison rose on a point of order that amendment


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