Cross-reference: Ch. 4.99 for penal provision violation of foregoing chapter generally. Sec. 4.9909. Discrimination in buying grain and seed; violation of chapter; general penalty.-Whoever shall violate any of the provisions of chapter 4.17 shall be guilty of a misdemeanor and punished by a fine of not less than two hundred dollars nor more than ten thousand dollars. Source: Sec. 4, Ch. 203, 1937, revised in form for separate statement of penal provision. Milk, Cream, Butter, etc. Sec. 4.1801. Unfair discrimination; defined; unlawful.—Any person, natural or artificial, partnership, association, or corporation, doing business in this State and engaged in the business of buying milk, cream, butter, butterfat, or any other dairy product, that shall intentionally, for the purpose of injuring or destroying the business or trade of a competitor in any locality or to prevent or destroy competition by any person, who in good faith, intends or attempts to engage in such business, discriminate between different sections, communities, or cities of this State, by paying for such milk, cream, butter, butterfat, or any other dairy product, a higher price in one section, community, or city, than such person, firm, or corporation is at the same time paying for such property in another section, community, or city within the State, after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point where same is purchased to the market where it is sold, or intended to be sold, or who shall, in any section, locality, community, city or village, pay a rebate, bonus, gift, or patronage dividend in addition to the regular price paid at the time of purchase, to others than stockholders or to patrons to be applied on shares of capital stock of any corporation or association, unless such bonus, gift, or rebate be paid to every patron in every locality in this State, from whom said person, firm, or corporation purchases such dairy products, shall be deemed guilty of unfair discrimination, which is hereby prohibited and declared unlawful. Source: Sec. 1, Ch. 195, 1923, as am. by Ch. 249, 1929, revised in form only. Sec. 4.1802. Posting prices dairy products required; record of prices posted and paid required; inspection open to public. Every person, firm, or corporation, foreign or domestic, doing business in this State, operating a creamery or cream buying station, or engaged in the business of buying milk, cream, butter, butterfat, or any other 210235°-40-vol. 2-24 dairy product, whether as agent or otherwise, shall at all times keep posted in the front window or on the front of the building or place where such business is transacted, a sign printed in letters and figures at least two inches in height, and so printed and posted as to be plainly legible from the outside of such building or place, stating and showing the price being offerd or paid for such dairy products, and every such person or corporation shall also keep, in writing, at such building or place, a permanent record showing the price offered or paid for each kind of such dairy products and the exact time when each change in price was posted, and such record shall at all times be subject to inspection and examination by any person interested, without giving any reason therefor. Source: Sec. 5, Ch. 195, 1923. Sec. 4.1803. Corporation violation; attorney general enforcement officer; complaints; investigations; testimony; prosecution; license revoked; injunction.-If complaint shall be made to the attorney general that any corporation is guilty of unfair discrimination as defined by this chapter, he shall investigate such complaint, and for that purpose he may subpoena witnesses, administer oaths, take testimony, and require the production of books or other documents, and, if in his opinion, sufficient grounds exist therefor, he may prosecute an action in the name of the State in the proper court to annul the charter or revoke the permit of such corporation from doing business in this State, and if in such action the court shall find that such corporation is guilty of unfair discrimination as defined by this chapter, such court may annul the charter or revoke the permit of such corporation, and may permanently enjoin it from transacting business in this State. Source: Sec. 4, Ch. 195, 1923. Sec. 4.1804. Remedies cumulative. The remedies provided for in this chapter shall be construed as cumulative and not exclusive. Source: Sec. 7, Ch. 195, 1923, revised in form only. Sec. 4.1907. Forfeiture license; grounds; rehearing; reinstatement by agreement; appeal to Circuit Court.-Any person, firm, association, or corporation engaged in the business of operating a creamery, cheese factory, butter factory, renovating or process butter factory, ice cream factory, condensory, wholesale milk dealer, or cream station who shall violate any of the laws relating to the handling, purchasing, and selling of dairy products under the dairy statutes now in force, or who shall violate any of the statutes relating to unfair and unlawful discrimination shall, as defined by the laws of this state in addition to the penalties provided therefor, forfeit the license herein provided for after notice and hearing as above provided: Provided, That when any license has been revoked the person, firm, association, or corporation complained of may upon request be granted a rehearing and if a satisfactory agreement can be reached by and between such person, firm, association, or corporation and the Secretary of Agriculture, the license of said person, firm, association or corporation may be reinstated and he be authorized to resume business at the place named in the license: Provided further, That if a rehearing is denied or an agreement cannot be reached, then and in that case, recourse may be had by an appeal to the circuit court. Source: Sec. 7, Ch. 96, 1927, revised as to form only. Sec. 4.9910. Discrimination in buying dairy products; violations of chapter generally; penalty.-Whoever shall violate any of the provisions of section 4.1802 of this title by paying any other prices for dairy products than the posted prices or violating any other provision of such section or failing to comply with all the provisions of such section shall be guilty of a misdemeanor and, in addition to the general penalty for punishment of misdemeanors, the judgment of conviction shall operate as a forfeiture of the license to engage in such business. Whoever shall violate any provisions of chapter 4.18 relating to discrimination in buying dairy products for which no punishment is otherwise specified shall be punished by a fine of not less than two hundred dollars nor more than ten thousand dollars. Source: Secs. 3 and 6, Ch. 195, 1923, revised in form and combined for separate statement of penal provision. Sec. 4.9911. Dairy product dealer licensing; engaging in business without license or continuing without valid license; penalty. Whoever shall violate any of the provisions of chapter 4.19 by engaging in the business of dairy products dealer without having a license in good standing as required by such chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished for each offense by a fine of not less than $15 nor more than $100 or by imprisonment of not less than 10 days nor more than 90 days or both. Source: Sec. 6, Ch. 96, 1927, revised in form only for separate statement of penal provision and to remove redundancy. Comp. Laws (1939) Sec. 54.0901. Discrimination defined and applied: declared unlawful; exception to meet competition.-Any person, firm, company, association, or corporation, foreign or domestic, engaged in the business of selling gasoline or kerosene within the state that shall intentionally, for the purpose of creating a monopoly, or of destroying the business of a regularly established competitor in any locality, discriminate by direct or indirect methods between different sections, communities, towns, villages, or cities of this state, by selling the above commodities at a lower rate in one section, community, town, village, or city, or any portion thereof, than such person, firm, company, association, or corporation shall charge for same in another section, community, town, village, or city, after making due allowance, if any, in the grade or quality, and the cost of transportation from the refinery, shall be deemed guilty of unfair discrimination, which is hereby prohibited and declared unlawful. Any person, firm, company, association, or corporation selling such commodities in more than one section, community, town, village, or city, may lower prices in any given section, community, town, village, or city, to but not below the prices for which others are selling such commodities in such section, community, town, village or city, when necessary to meet actual legitimate competition in such section, community, town, village, or city, without being held to have violated the provisions of this chapter. Source: Sec. 1, Ch. 203, 1923, revised in form. Sec. 54.0902. Prima facie evidence of violation: sales at different prices.-Proof of the selling of any such commodity by any person, firm, company, association, or corporation at a lower rate in one section, community, town, village, or city of this state than such firm, person, company, association, or corporation charges for such commodity in another section, community, town, village, or city, after making due allowance for the difference, if any, in the grade or quality, and in the cost of transportation from the refinery shall constitute prima facie evidence of a violation of section 54.0901. Source: Sec. 2, Ch. 203, 1923. Sec. 54.0903. Remedies cumulative.-Nothing in this chapter shall be construed as repealing any other law in this state, but the remedies herein provided shall be cumulative to all other remedies provided by law in and for such cases. Source: Sec. 4, Ch. 203, 1923, revised in form. Sec. 54.9906. Gasoline and kerosene: discrimination in selling; penalty. Whoever shall violate any of the provisions of chapter 54.09 relating to discrimination in the sale of gasoline and kerosene, shall be guilty of a misdemeanor and fined not less than $500 nor more than $5,000 or be imprisoned in the county jail not exceeding one year or be punished by both such fine and imprisonment. Source: Sec. 3, Ch. 203, 1923, revised in form. TENNESSEE REGULATION OF PRICE COMPETITION A. RESALE PRICE MAINTENANCE Code Ann. (Michie, 1938) Section 6770 (1). Contracts relating to sale of trade-marked articles.-Be it enacted by the general assembly of the State of Tennessee, That no contract relating to the sale or resale of a commodity which bears, or the label or content of which bears, the trade-mark, brand, or name of the producer or owner of such commodity and which is in fair and open competition with commodities of the same general class produced by others shall be deemed in violation of any law of the State of Tennessee by reason of any of the following provisions which may be contained in such contract: 1. That the buyer will not resell such commodity except at the price stipulated by the vendor. 2. That the vendee or producer require in delivery to whom he may resell such commodity to agree that he will not, in turn, resell except at the price stipulated by such vendor or by such vendee. Such provisions in any contract shall be deemed to contain or imply conditions that such commodity may be resold without reference to which agreement in the following cases: 1. In closing out the owners' stock for the purpose of discontinuing delivering any such commodity. 2. When the goods are damaged or deteriorated in quality, and notice is given to the public thereof. 3. By any officer acting under the orders of any court. (1937, ch. 58, sec. 1.) Sec. 6770 (2). Selling, advertising, etc., at less than stipulated price. That wilfully and knowingly advertising, offering for sale or selling any commodity at less than the price stipulated in any contract entered into pursuant to the provisions of section 6770 (1) of this act, whether the person so advertising, offering for sale or selling is or is not a party to such contract, is unfair competition |