SECTIONS 58351-58353 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 58351-58353

58351. Any contract which is made for the purpose of injuring
competitors and destroying competition under which the seller of any
agricultural product agrees to pay or allow any brokerage charge,
rebate, discount, or other credit, except an allowance for variation
in quality, condition, or quantity, or any other form of compensation
or credit by a seller to a buyer, or to an agent, employee,
subsidiary, or affiliate of a buyer that buys to sell at retail and
which is not paid, given, or allowed in like circumstances to all
other buyers or to the agents, employees, subsidiaries or affiliates
of other buyers, whether the same is paid or allowed directly or
indirectly, is hereby declared to be against public policy and void.

58352. Advertising allotments or discounts by a seller to a buyer
for bona fide advertising expenditures, however, are not included
within such transactions which are against public policy and void.

58353. It is a misdemeanor for any person to take any part in any
transaction which is declared by this article to be against public
policy and void whether as seller, buyer, buyer's agent, employee, or
subsidiary.