8 LONG TITLE
9 General Description:
10 This bill amends the Contact Lens Consumer Protection Act.
11 Highlighted Provisions:
12 This bill:
13 ▸ prohibits a contact lens manufacturer or a contact lens distributor from:
14 • taking certain actions to control the price that a contact lens retailer charges or
15 advertises for contact lenses; or
16 • discriminating against a contact lens retailer under certain circumstances;
17 ▸ addresses the penalty for a violation of a provision of this bill; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 58-16a-906, as enacted by Laws of Utah 2006, Chapter 245
27 58-16a-905.1, Utah Code Annotated 1953
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 58-16a-905.1 is enacted to read:
31 58-16a-905.1. Contact lens manufacturer or distributor -- Prohibited conduct.
32 A contact lens manufacturer or a contact lens distributor may not:
33 (1) take any action, by agreement, unilaterally, or otherwise, that has the effect of
34 fixing or otherwise controlling the price that a contact lens retailer charges or advertises for
35 contact lenses; or
36 (2) discriminate against a contact lens retailer based on whether the contact lens
38 (a) sells or advertises contact lenses for a particular price;
39 (b) operates in a particular channel of trade;
40 (c) is a person authorized by law to prescribe contact lenses; or
41 (d) is associated with a person authorized by law to prescribe contact lenses.
42 Section 2. Section 58-16a-906 is amended to read:
43 58-16a-906. Penalties for violations.
44 (1) [
45 provision of Section 58-16a-904 is guilty of a class A misdemeanor.
46 (2) The attorney general may bring a civil action or seek an injunction and a civil
47 penalty against [
48 58-16a-904 or 58-16a-905.1.