Text: SF02161 Text: SF02163 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 453A.41 CIGARETTE RETAILER AND 1 2 MANUFACTURER CONTRACTS. 1 3 1. As used in this section, unless the context otherwise 1 4 requires: 1 5 a. "Cigarette category space" means space in a retailer's 1 6 establishment that is reserved, made available, or identified 1 7 by a retailer for the display of products, signs, advertising, 1 8 promotion, or other communications relating to cigarettes. 1 9 b. "Promotion" means any means by which the effective 1 10 price paid by a consumer of cigarettes is reduced from the 1 11 regular price charged by the retailer when a manufacturer's 1 12 promotion is not in effect or applicable or when additional 1 13 cigarettes or other items are offered to the consumer in 1 14 connection with the purchase of cigarettes. 1 15 2. A retailer and a manufacturer may enter into contracts 1 16 which provide for any of the following: 1 17 a. Allowing the retailer to obtain, participate in, and 1 18 receive payments from the manufacturer under the 1 19 manufacturer's cigarette merchandising, advertising, display, 1 20 or promotion program, whether on a permanent or temporary 1 21 basis. 1 22 b. Allowing the retailer to be compensated by the 1 23 manufacturer for providing space for the merchandising, 1 24 advertising, display, or promotion of the manufacturer's 1 25 products. 1 26 c. Allowing the retailer to purchase cigarettes. 1 27 3. A contract entered into under subsection 2 shall not 1 28 directly or indirectly do any of the following: 1 29 a. Require the retailer to allocate any of the following: 1 30 (1) A percentage or fraction of all or any part of the 1 31 retailer's space available for product display, signage, or 1 32 advertising or cigarette category space to a manufacturer for 1 33 any purpose. 1 34 (2) A determined amount of space to a manufacturer to 1 35 receive, participate in, or receive payment under a 2 1 manufacturer's promotion. 2 2 b. Restrict or limit any of the following: 2 3 (1) A retailer's cigarette category space. 2 4 (2) A retailer's conducting of or participation in any 2 5 program or activity concerning the sale, display, 2 6 merchandising, promotion, pricing, or advertising of any 2 7 manufacturer's products. 2 8 4. A contract entered into in violation of this section 2 9 constitutes a violation of this division. 2 10 EXPLANATION 2 11 This bill provides that cigarette retailers and 2 12 manufacturers may enter into contracts that provide for any of 2 13 the following: allowing the retailer to obtain, participate 2 14 in, and receive payments from the manufacturer under the 2 15 manufacturer's cigarette merchandising, advertising, display, 2 16 or promotion program, whether on a permanent or temporary 2 17 basis; allowing the retailer to be compensated by the 2 18 manufacturer for providing space for the merchandising, 2 19 advertising, display, or promotion of the manufacturer's 2 20 products; or allowing the retailer to purchase cigarettes. 2 21 However, the bill prohibits such a contract from directly 2 22 or indirectly: requiring the retailer to allocate the 2 23 retailer's space available for product display, signage, or 2 24 advertising or cigarette category space to a manufacturer for 2 25 any purpose; requiring the retailer to allocate a determined 2 26 amount of space to a manufacturer to receive, participate in, 2 27 or receive payment under a manufacturer's promotion; 2 28 restricting or limiting a retailer's cigarette category space; 2 29 or restricting or limiting a retailer's conducting of or 2 30 participation in any program or activity concerning the sale, 2 31 display, merchandising, promotion, pricing, or advertising of 2 32 any manufacturer's products. 2 33 A person who violates this bill is subject to revocation of 2 34 licensure under Code section 453A.22. 2 35 LSB 5945SS 79 3 1 pf/hk/91
Text: SF02161 Text: SF02163 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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