H.B. 283 Enrolled

ICE CREAM AND MILK DISPENSER REQUIREMENTS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Gene Davis
AN ACT RELATING TO AGRICULTURE; AMENDING THE UTAH DAIRY ACT TO
ALLOW ICE CREAM CABINETS TO BE LOANED TO A RETAILER IF CERTAIN
CONDITIONS ARE MET.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
4-3-11, as last amended by Chapter 157, Laws of Utah 1990
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 4-3-11 is amended to read:
4-3-11. Processors, manufacturers, or distributors -- Unlawful to give money,
equipment, or fixtures to retailer or consumer -- Exceptions -- Shelf space for dairy products.
(1) [No] Except as provided in Subsections (2) and (3), no processor, manufacturer,
distributor, or his affiliates, subsidiaries, associates, agents or stockholders shall furnish, service,
repair, give, lease, sell, or loan to a retailer or consumer any:
(a) money;
(b) equipment;
(c) fixtures, including ice cream cabinets or bulk milk dispensers;
(d) supplies, excluding expendable supplies commonly provided in connection with the
sale of dairy products to a consumer; or
(e) other things having a real or substantial value.
(2) Ice cream cabinets may be loaned to a retailer if the ice cream cabinet:
(a) is portable;
(b) has a storage capacity not exceeding 19 cubic feet; and
(c) is used solely for retail display sales to consumers.
[(2)] (3) The leasing or renting of cabinets, dispensers, or coolers for dairy products for
civic affairs, demonstrations, or exhibits is prohibited unless it is for a period of ten days or less

in any one period of three consecutive months.
[(3)] (4) (a) [No] Except as provided in Subsections (4)(b) and (4)(c), no retailer shall lease,
sell, or loan[,] shelf or refrigerator space for dairy products to a processor, manufacturer, or
distributor or receive anything of value from a processor, manufacturer, or distributor in exchange
for shelf or refrigerator space for dairy products [to a processor, manufacturer, or distributor].
(b) Subsection (4)(a) [shall] does not apply to a dairy by-product that is:
(i) a short-term special; or
(ii) a new product being introduced on a trial basis for a period not to exceed 45 days.
(c) A processor, manufacturer, or distributor may loan an ice cream cabinet to a retailer for
the display of the processor's, manufacturer's, or distributor's products, if the ice cream cabinet meets
the requirements of Subsection (2).

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