§ 40-4-107 — Sale at less than cost prohibited; cost defined

(a) It shall be unlawful for any person, partnership,
firm, corporation, joint-stock company, or other association
engaged in business within this state, to sell, offer for sale
or advertise for sale any article or product, at less than the
cost thereof to such vendor, or give, offer to give or advertise
the intent to give away any article or product for the purpose
of injuring competitors and destroying competition.
(b) The term cost as applied to production or
manufacturing is hereby defined as including the cost of raw
materials and labor and as applied to distribution cost shall
mean the invoice or replacement cost, whichever is lower, of the
article or product to the distributor and vendor plus any
freight charges, all applicable federal, state and local taxes
and any charges imposed by federal, state or local government
that are not taxes that are paid by the distributor and vendor
and are not included in the invoice cost.
(c) Repealed By Laws 2009, Ch. 172, § 2.