32A-12-605 (Repealed 07/01/11) - Consignment sales. - Utah Statutes

32A-12-605 (Repealed 07/01/11). Consignment sales.
(1) This section adopts and makes applicable to all industry members, including beerindustry members, doing business in this state 27 U.S.C. Section 205(d) and 27 C.F.R. Sections11.1 through 11.46, which make it unlawful for an industry member, directly or indirectly orthrough an affiliate to sell, offer for sale, or contract to sell to any wholesaler or retailer engagedin the sale of alcoholic beverages, or for any wholesaler or retailer to purchase, offer to purchase,or contract to purchase any of those products on consignment or under conditional sale or withthe privilege of return or on any basis otherwise than a bona fide sale, or where any part of thetransaction involves, directly or indirectly, the acquisition by that person from the wholesaler orretailer or that person's agreement to acquire from the wholesaler or retailer other alcoholicbeverages, if the sale, purchase, offer, or contract is made in the course of interstate or foreigncommerce, or if the person or wholesaler or retailer engages in such practice to an extent so assubstantially to restrain or prevent transactions in interstate or foreign commerce in any of thoseproducts or if the direct effect of the sale, purchase, offer, or contract is to prevent, deter, hinder,or restrict other persons from selling or offering for sale any of those products to the wholesaleror retailer in interstate or foreign commerce.
(2) This section does not apply to transactions involving solely the bona fide return ofmerchandise for ordinary and usual commercial reasons arising after the merchandise has beensold.

Repealed by Chapter 276, 2010 General Session
Amended by Chapter 314, 2003 General Session