S.B. 90

1

ICE CREAM AND MILK DISPENSER
2 REQUIREMENTS
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Gene Davis
6 AN ACT RELATING TO AGRICULTURE; AMENDING THE UTAH DAIRY ACT TO
7 ALLOW ICE CREAM CABINETS TO BE LOANED OR SOLD TO A RETAILER IF CERTAIN
8 CONDITIONS ARE MET.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 4-3-11, as last amended by Chapter 157, Laws of Utah 1990
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 4-3-11 is amended to read:
14 4-3-11. Processors, manufacturers, or distributors -- Unlawful to give money,
15 equipment, or fixtures to retailer or consumer -- Exceptions -- Shelf space for dairy products.
16 (1) As used in this section, "novelty ice cream" means a package or container of ice cream
17 which contains eight fluid ounces or less.
18 [(1) No] (2) Except as provided in Subsections (3) and (4), no processor, manufacturer,
19 distributor, or his affiliates, subsidiaries, associates, agents or stockholders shall furnish, service,
20 repair, give, lease, sell, or loan to a retailer or consumer any:
21 (a) money;
22 (b) equipment;
23 (c) fixtures, including ice cream cabinets or bulk milk dispensers;
24 (d) supplies, excluding expendable supplies commonly provided in connection with the
25 sale of dairy products to a consumer; or
26 (e) other things having a real or substantial value.
27 (3) Ice cream cabinets may be loaned or sold to a retailer if the ice cream cabinet:

28 (a) is portable;
29 (b) has a storage capacity not exceeding 12 cubic feet; and
30 (c) is used solely for retail display sales of novelty ice cream.
31 [(2)] (4) The leasing or renting of cabinets, dispensers, or coolers for dairy products for
32 civic affairs, demonstrations, or exhibits is prohibited unless it is for a period of ten days or less
33 in any one period of three consecutive months.
34 [(3)] (5) (a) [No] Except as provided in Subsections (5)(b) and (5)(c), no retailer shall
35 lease, sell, or loan[,] shelf or refrigerator space for dairy products to a processor, manufacturer, or
36 distributor or receive anything of value from a processor, manufacturer, or distributor in exchange
37 for shelf or refrigerator space for dairy products [to a processor, manufacturer, or distributor].
38 (b) Subsection (5)(a) [shall] does not apply to a dairy by-product that is:
39 (i) a short-term special; or
40 (ii) a new product being introduced on a trial basis for a period not to exceed 45 days.
41 (c) A processor, manufacturer, or distributor may loan or sell an ice cream cabinet to a
42 retailer for the display of the processor's, manufacturer's, or distributor's products, if the ice cream
43 cabinet meets the requirements of Subsection (3).




Legislative Review Note
as of 9-15-99 11:13 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel