NEVADA

REGULATION OF PRICE COMPETITION

A. RESALE PRICE MAINTENANCE

Comp. Laws (Hillyer, Supp., 1938)

Sec. 1470.21. Contracts validated under certain provisionsProvisions enumerated.-SEC. 1. No contract relating to the sale or resale of a commodity which bears, or the label or container of which bears, or the vending equipment through which such commodity is sold bears, the trade-mark, brand, or name of the producer or distributor of such commodity, and which commodity is in fair and open competition with commodities of the same general class produced or distributed by others, shall be deemed in violation of any laws of the State of Nevada by reason of any of the following provisions which may be contained in such contract:

(1) That the buyer will not resell such commodity at less than the minimum price stipulated by the vendor, subject, however, to any and all State sale or excise tax, the amount of which shall be in addition to any price schedule;

(2) That the vendee or purchaser of such commodity require any person, partnership, firm, corporation, joint-stock company, or other association to agree not to resell such commodity at not less than the minimum price stipulated by the original vendor, producer, or agent. Such provisions in any contract shall be deemed to contain or imply conditions that such commodity may be resold without reference to such agreement in the following cases:

(1) In closing out in good faith the owner's stock for the bona fide purpose of discontinuing dealing in any such commodity and plain notice of the fact is given to the public;

(2) When the goods are altered, damaged, or deteriorated and plain notice of the fact is given to the public in the advertisement and sale thereof, such notice to be conspicuously displayed in all advertisements and to be affixed to the commodity;

(3) By any officer acting under an order of court. (L. 1937, c. 48, p. 87, sec. 1.)

Sec. 1470.22. Unfair competition defined.—SEC. 2. Willfully and knowingly advertising, offering for sale, or selling any commodity at less than the minimum price stipulated in any contract entered into pursuant to the provisions of this act, whether the person so adver tising, offering for sale, or selling is or is not a party to such contract. is unfair competition and is actionable at the suit of any person damaged thereby. (Id., sec. 2.)

Sec. 1470.23. This act shall not apply to any contract or agreement between or among producers or distributors or between or among wholesalers or between or among retailers as to sale or resale prices. (Id., sec. 3.)

Sec. 1470.24. Terms of act defined.-SEC. 4. The following terms, as used in this act, are hereby defined as follows:

(1) "Commodity" means any subject of commerce;

(2) "Producer" means any grower, baker, maker, manufacturer, bottler, packer, converter, processor, or publisher;

(3) "Retailer" means any person selling a commodity to consumers for use;

(4) "Person” means an individual, a corporation, a partnership, an association, a joint-stock company, a business trust, or any unincorporated organization. (Id., sec. 4.)

Sec. 1470.25. What deemed violation.-SEC. 5. For the purpose of preventing evasion of the resale price restrictions imposed in respect of any commodity by any contract entered into pursuant to the provisions of this act (except to the extent authorized by the said contract):

(1) The sale or offering for sale of such commodity in combination with any other commodity shall be deemed a violation of such resale price restriction, for which the remedies prescribed by section 2 of this act shall be available. (Id., sec. 5.)

Sec. 1470.26. Minimum sale price, how established.-SEC. 6. No minimum resale price shall be established for any commodity, under any contract entered into pursuant to the provisions of this act, by any person other than the owner of the trade-mark, brand, or name used in connection with such commodity or by a distributor or agent specifically authoried to establish said price by the owner of such trade-mark, brand, or name. (Id., sec. 6.)

Sec. 1470.27. Invalidity of one portion not to affect others.—If any provisions of this act are declared unconstitutional, it is the intent of the legislature that the remaining portions thereof shall not be affected, but that such remaining portions remain in full force and effect. (Id., sec. 7.)

Sec. 1470.28. Short title.-This act may be known and cited as the "Fair Trade Act." (Id., sec. 8.)

Sec. 1470.29. In effect.-This act shall be in full force and effect from and after its passage and approval. (Id., sec. 9.)