§ 28-4523 — Exceptions.

District of Columbia § 28-4523

• Jurisdiction: District of Columbia
• Title 28: Commercial Instruments and Transactions. [Enacted title]
• Ch. 45A: Cigarette Sales Below Cost.

Text

The prohibitions of § 28-4522 shall not apply to any sale made:

(1) In closing out in good faith the wholesaler’s or retailer’s stock, or any part thereof, for the purpose of discontinuing the wholesaler’s or retailer’s trade in any such stock, and in the case of the sale of seasonal goods or the bona fide sale of perishable goods to prevent loss to the wholesaler or retailer by spoilage or depreciation, if adequate notice is given to the public;

(2) When the goods are damaged or deteriorated in quality and notice is given to the public;

(3) By a person affected by this chapter acting under the order of any court of competent jurisdiction;

(4) In an endeavor made in good faith to meet the legal prices of a competitor selling the same article or product or service in the same locality or trade area;

(5) When the product or article is sold upon the final liquidation of a business of the wholesaler or retailer;

(6) Where the article or product is sold for charitable purposes or to relief agencies; or

(7) Where the article or product is sold on contract to any agency or department of the District of Columbia or of the federal, any state, or other local government.

Legislative History

Mar. 22, 1994, D.C. Law 10-89, § 2(b), 41 DCR 489