407.485. Donations of unwanted household items, collection of deemed unfair business practice, when.

MISSOURI STATUTES AND CODES

407.485. Donations of unwanted household items, collection of deemed unfair business practice, when.

Donations of unwanted household items, collection of deemed unfairbusiness practice, when.

407.485. 1. It shall be an unfair business practice in violation ofsection 407.020 for a for-profit entity or natural person to collectdonations of unwanted household items via a public receptacle and resellthe donated items for profit unless the donation receptacle prominentlydisplays a statement in bold letters at least two inches high and twoinches wide stating: "DONATIONS ARE NOT FOR CHARITABLE ORGANIZATIONS ANDWILL BE RESOLD FOR PROFIT".

2. It shall be an unfair business practice in violation of section407.020 for a for-profit entity or natural person to collect donations ofunwanted household items via a public receptacle and resell the donateditems where some or all of the proceeds from the sale are directly given toa not-for-profit entity unless the donation receptacle prominently displaysa statement in bold letters at least two inches high and two inches widestating: "DONATIONS TO THE FOR-PROFIT COMPANY: (name of the company) ARESOLD FOR PROFIT AND (% of proceeds donated to the not-for-profit) % OF ALLPROCEEDS ARE DONATED TO (name of the nonprofit beneficiary organization'sname)."

3. It shall be an unfair business practice in violation of section407.020 for a for-profit entity or natural person to collect donations ofunwanted household items via a public receptacle and resell the donateditems, where such for-profit entity is paid a flat fee, not contingent uponthe proceeds generated by the sale of the collected goods, and one hundredpercent of the proceeds from the sale of the items are given directly tothe not-for-profit, unless the donation receptacle prominently displays astatement in bold letters at least two inches high and two inches widestating: "THIS DONATION RECEPTACLE IS OPERATED BY THE FOR-PROFIT ENTITY:(name of the for-profit/individual) ON BEHALF of (name of the nonprofitbeneficiary organization's name)".

4. The term "bold letters" as used in subsections 1, 2, and 3 of thissection shall mean a primary color on a white background so as to beclearly visible to the public.

5. Nothing in this section shall apply to paper, glass, or aluminumproducts that are donated for the purpose of being recycled in themanufacture of other products.

6. Any entity which, on or before June 1, 2009, has distributed onehundred or more separate public receptacles within the state of Missouri towhich the provisions of subsection 2 or 3 of this section would apply shallbe deemed in compliance with the signage requirements imposed by thissection for the first six months after August 28, 2009, provided suchentity has made or is making good faith efforts to bring all signage incompliance with the provisions of this section and all such signage is incomplete compliance no later than six months after August 28, 2009.