§ 76-16-404 — Unfair discrimination by a buyer of milk, cream, or butterfat.

Utah § 76-16-404

• Jurisdiction: Utah
• Title 76: Utah Criminal Code
• Ch. 76-16: Offenses Concerning Business Practices
• Part 76-16-4: Offenses Concerning Unfair Market Discrimination

Text

(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-401 apply to this section.
(2) An actor commits unfair discrimination by a buyer of milk, cream, or butterfat if the actor:
(2)(a) is:
(2)(a)(i) a person doing business in this state that is engaged in the business of buying milk, cream, or butterfat for the purpose of sale or storage; or
(2)(a)(ii) an officer or agent of a person described in Subsection (2)(a)(i); and
(2)(b) for the purpose of creating a monopoly or destroying the business of a competitor, discriminates between different sections, communities, localities, cities, or towns of this state by purchasing milk, cream, or butterfat at a higher price or rate in one section, community, location, city, or town than is paid for the same milk, cream, or butterfat by the actor in another section, community, locality, city, or town, after making due allowance for the difference, if any, in the grade or quality, and in the actual cost of transportation from the point of purchase to the point of manufacture, sale, or storage.
(3) A violation of Subsection (2) is:
(3)(a) a class B misdemeanor; and
(3)(b) subject to a fine of not less than $500 and no more than $4,000 for each offense.

Legislative History

Renumbered and Amended by Chapter 173, 2025 General Session