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Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices
Section 37-1-3.1 - Combinations in restraint of trade unlawful--Entities subject to prohibition. - 37-1-3.1. Combinations in restraint of trade unlawful--Entities subject to prohibition....
Section 37-1-3.2 - Monopolies and attempts to monopolize unlawful. - 37-1-3.2. Monopolies and attempts to monopolize unlawful. The monopolization by...
Section 37-1-3.3 - Monopoly or restraint of trade as felony. - 37-1-3.3. Monopoly or restraint of trade as felony. Any person...
Section 37-1-3.4 - Labor not an article of commerce--Labor and agricultural organizations permitted. - 37-1-3.4. Labor not an article of commerce--Labor and agricultural organizations...
Section 37-1-3.5 - Regulated utility services exempt. - 37-1-3.5. Regulated utility services exempt. The provision of gas, electric,...
Section 37-1-4 - Discriminating between localities in selling as unfair discrimination. - 37-1-4. Discriminating between localities in selling as unfair discrimination. Any...
Section 37-1-5 - Discriminating between localities in buying as unfair discrimination. - 37-1-5. Discriminating between localities in buying as unfair discrimination. Any...
Section 37-1-6 - Price differential to meet competition in buying permitted. - 37-1-6. Price differential to meet competition in buying permitted. Notwithstanding...
Section 37-1-7 - Unlawful discrimination in buying or selling as felony. - 37-1-7. Unlawful discrimination in buying or selling as felony. Any...
Section 37-1-8 - Fraudulent statements to affect market price as felony. - 37-1-8. Fraudulent statements to affect market price as felony. Every...
Section 37-1-10 - Criminal prosecution by state's attorney on violation--Assistance by attorney general. - 37-1-10. Criminal prosecution by state's attorney on violation--Assistance by attorney...
Section 37-1-11 - Criminal proceedings instituted by attorney general. - 37-1-11. Criminal proceedings instituted by attorney general. The provisions of...
Section 37-1-11.1 - Demand by attorney general to produce evidence relating to violations--Service--Contents. - 37-1-11.1. Demand by attorney general to produce evidence relating to...
Section 37-1-11.2 - Petition for enforcement of attorney general's demand--Court order--Protective provisions. - 37-1-11.2. Petition for enforcement of attorney general's demand--Court order--Protective provisions....
Section 37-1-11.3 - Confidentiality of evidence produced on demand--Waiver. - 37-1-11.3. Confidentiality of evidence produced on demand--Waiver. Any procedure, testimony...
Section 37-1-11.4 - Self-incriminating evidence required on promise of immunity. - 37-1-11.4. Self-incriminating evidence required on promise of immunity. If any...
Section 37-1-14.1 - Venue of actions for violation. - 37-1-14.1. Venue of actions for violation. An action for violation...
Section 37-1-14.2 - Actions on behalf of state for equitable relief and civil penalties--Amount of penalty. - 37-1-14.2. Actions on behalf of state for equitable relief and...
Section 37-1-14.3 - Action by public or private party for equitable relief or damages--Treble damages. - 37-1-14.3. Action by public or private party for equitable relief...
Section 37-1-14.4 - Limitation of actions for violations. - 37-1-14.4. Limitation of actions for violations. An action under §37-1-14.2...
Section 37-1-16.1 - Judgment in action by state as prima facie evidence in later actions. - 37-1-16.1. Judgment in action by state as prima facie evidence...
Section 37-1-18 - Failure to attend or produce evidence as contempt. - 37-1-18. Failure to attend or produce evidence as contempt. Any...
Section 37-1-20 - Remedies cumulative. - 37-1-20. Remedies cumulative. The remedies provided for in this chapter...
Section 37-1-22 - Judicial interpretations of similar statutes as guide. - 37-1-22. Judicial interpretations of similar statutes as guide. It is...
Section 37-1-23 - Action by state as parens patriae--Circuit court jurisdiction--Monetary relief. - 37-1-23. Action by state as parens patriae--Circuit court jurisdiction--Monetary relief....
Section 37-1-24 - Treble damages and cost of suit as measure of monetary relief. - 37-1-24. Treble damages and cost of suit as measure of...
Section 37-1-25 - Exclusions in determining amount of monetary relief. - 37-1-25. Exclusions in determining amount of monetary relief. The court...
Section 37-1-26 - Proof of damages--Assessment in aggregate. - 37-1-26. Proof of damages--Assessment in aggregate. In an action pursuant...
Section 37-1-27 - Notice--Manner of giving. - 37-1-27. Notice--Manner of giving. In any action brought under §§37-1-23...
Section 37-1-28 - Election by injured person to exclude claim from state action for monetary relief--Notice. - 37-1-28. Election by injured person to exclude claim from state...
Section 37-1-29 - Judgment as res judicata. - 37-1-29. Judgment as res judicata. The final judgment in an...
Section 37-1-30 - Dismissal or compromise--Approval of court required--Notice. - 37-1-30. Dismissal or compromise--Approval of court required--Notice. An action pursuant...
Section 37-1-31 - Distribution of award of monetary relief--Treatment as civil penalty to be deposited in special revenue fund. - 37-1-31. Distribution of award of monetary relief--Treatment as civil penalty...
Section 37-1-32 - Attorney general's powers--Common law powers not derogated. - 37-1-32. Attorney general's powers--Common law powers not derogated. The powers...
Chapter 02 - Petroleum Products
Section 37-2-1 - Discrimination between localities in selling price as misdemeanor. - 37-2-1. Discrimination between localities in selling price as misdemeanor. Any...
Section 37-2-2 - Price differential to meet competition permitted. - 37-2-2. Price differential to meet competition permitted. Any person, firm,...
Section 37-2-3 - Difference in selling prices as prima facie evidence of violation. - 37-2-3. Difference in selling prices as prima facie evidence of...
Section 37-2-4 - Remedies cumulative. - 37-2-4. Remedies cumulative. Nothing in §§37-2-1 to 37-2-3, inclusive, shall...
Section 37-2-5 - Definitions. - 37-2-5. Definitions. Terms used in this chapter mean: (1)"Alcohol," a...
Section 37-2-6 - Promulgation of rules. - 37-2-6. Promulgation of rules. The secretary may, pursuant to chapter...
Section 37-2-7 - Examination and testing specifications and methods. - 37-2-7. Examination and testing specifications and methods. Specifications and methods...
Section 37-2-8 - Analyses by qualified laboratory--Distillation test methods. - 37-2-8. Analyses by qualified laboratory--Distillation test methods. Any qualified laboratory...
Section 37-2-9 - Thorough analysis not required--Rejection of product on finding of impurity or imperfection. - 37-2-9. Thorough analysis not required--Rejection of product on finding of...
Section 37-2-10 - Substitution of spurious product for trade name product prohibited. - 37-2-10. Substitution of spurious product for trade name product prohibited....
Section 37-2-11 - Display of signs and labels for product not sold at location prohibited--Decorative signs excepted. - 37-2-11. Display of signs and labels for product not sold...
Section 37-2-12 - Sale of substandard gasoline or motor fuel prohibited. - 37-2-12. Sale of substandard gasoline or motor fuel prohibited. No...
Section 37-2-13 - Antiknock index for gasoline and gasoline blends to be posted. - 37-2-13. Antiknock index for gasoline and gasoline blends to be...
Section 37-2-15 - Retailer not liable for purchase price of substandard product delivered--Recovery from wholesaler. - 37-2-15. Retailer not liable for purchase price of substandard product...
Section 37-2-16 - Violation as misdemeanor. - 37-2-16. Violation as misdemeanor. A violation of any provision in...
Section 37-2-17 - Reliance by retailer on guaranty provided by supplier--Knowledge of falsity--Liability of supplier. - 37-2-17. Reliance by retailer on guaranty provided by supplier--Knowledge of...
Section 37-2-18 - Acting as agent of another not a defense. - 37-2-18. Acting as agent of another not a defense. No...
Section 37-2-19 - Secretary of public safety as ex officio inspector--Trafficking in petroleum products prohibited. - 37-2-19. Secretary of public safety as ex officio inspector--Trafficking in...
Section 37-2-20 - Reinspection of products--Cancellation of approval or rejection if not in compliance. - 37-2-20. Reinspection of products--Cancellation of approval or rejection if not...
Section 37-2-21 - Powers and duties of secretary of public safety, employees, and law enforcement officers--Access to premises and records--Information furnished by carrier employees. - 37-2-21. Powers and duties of secretary of public safety, employees,...
Section 37-2-22 - Collection and analysis of samples--Publication of results. - 37-2-22. Collection and analysis of samples--Publication of results. The inspector...
Section 37-2-24 - Administrative expenses paid from tax and license collections--Allocations from collections. - 37-2-24. Administrative expenses paid from tax and license collections--Allocations from...
Section 37-2-25 - Sale of certain petroleum products on other than gross volume basis unlawful. - 37-2-25. Sale of certain petroleum products on other than gross...
Section 37-2-26 - Substantially disabled may buy attendant-dispensed gasoline at self-service price. - 37-2-26. Substantially disabled may buy attendant-dispensed gasoline at self-service price....
Section 37-2-29 - Listing different motor fuel prices for cash or credit--Violation as misdemeanor. - 37-2-29. Listing different motor fuel prices for cash or credit--Violation...
Section 37-2-30 - Labeling of any gasoline containing oxygenate. - 37-2-30. Labeling of any gasoline containing oxygenate. Any gasoline kept,...
Section 37-2-31 - Declaration of oxygenate for labeling purposes. - 37-2-31. Declaration of oxygenate for labeling purposes. The distributor or...
Section 37-2-33 - Sale of products containing or treated with ether prohibited--Exception--Construction. - 37-2-33. Sale of products containing or treated with ether prohibited--Exception--Construction....
Section 37-2-34 - Definition of terms relating to sale of renewable motor fuels. - 37-2-34. Definition of terms relating to sale of renewable motor...
Section 37-2-34.1 - Ethanol blender pump defined. - 37-2-34.1. Ethanol blender pump defined. The term, ethanol blender pump,...
Section 37-2-35 - Certain contract restrictions on the sale of renewable motor fuels prohibited. - 37-2-35. Certain contract restrictions on the sale of renewable motor...
Section 37-2-36 - Reasonable indemnification and insurance policies permitted. - 37-2-36. Reasonable indemnification and insurance policies permitted. Nothing in §§37-2-34...
Section 37-2-37 - Franchisee may not be prevented from selling renewable fuels in lieu of one grade of gasoline. - 37-2-37. Franchisee may not be prevented from selling renewable fuels...
Section 37-2-38 - Violation as misdemeanor. - 37-2-38. Violation as misdemeanor. Any franchisor found guilty of violating...
Section 37-2-39 - Labeling of motor fuel at retail fuel pump. - 37-2-39. Labeling of motor fuel at retail fuel pump. Each...
Section 37-2-40 - Documentation accompanying deliveries other than retail sale. - 37-2-40. Documentation accompanying deliveries other than retail sale. If gasoline,...
Section 37-2-41 - Refiners, importers, and producers--Federal requirements. - 37-2-41. Refiners, importers, and producers--Federal requirements. A refiner, importer, or...
Section 37-2-42 - Distributors--Federal requirements. - 37-2-42. Distributors--Federal requirements. A licensed distributor of petroleum products, as...
Section 37-2-43 - Sales to consumers--Federal requirements. - 37-2-43. Sales to consumers--Federal requirements. A person responsible for the...
Section 37-2-44 - Minimum octane rating grades of petroleum in certain counties. - 37-2-44. Minimum octane rating grades of petroleum in certain counties....
Section 37-2-45 - Minimum octane rating grades of petroleum in all other counties. - 37-2-45. Minimum octane rating grades of petroleum in all other...
Section 37-2-46 - Liability of retail dealer in petroleum products limited under certain conditions. - 37-2-46. Liability of retail dealer in petroleum products limited under...
Chapter 04 - Public Commodity Exchanges
Section 37-4-1 - Exchanges subject to chapter--Small-volume exchanges exempt. - 37-4-1. Exchanges subject to chapter--Small-volume exchanges exempt. Every chamber of...
Section 37-4-2 - Open membership required of exchanges--Cooperatives included. - 37-4-2. Open membership required of exchanges--Cooperatives included. Every market described...
Section 37-4-3 - Members to comply with rules, regulations, and bylaws--Fees and assessments. - 37-4-3. Members to comply with rules, regulations, and bylaws--Fees and...
Section 37-4-4 - Exchange rules controlling distribution of member profits deemed unreasonable. - 37-4-4. Exchange rules controlling distribution of member profits deemed unreasonable....
Section 37-4-5 - Denial of membership by exchange as misdemeanor--Refusal to deal with member. - 37-4-5. Denial of membership by exchange as misdemeanor--Refusal to deal...
Chapter 04A - Agricultural Contracts
Section 37-4A-1 - Definition of terms. - 37-4A-1. Definition of terms. Terms used in this chapter mean:...
Section 37-4A-2 - Resolution by mediation. - 37-4A-2. Resolution by mediation. Any contract for an agricultural commodity,...
Section 37-4A-3 - Liability of contractor. - 37-4A-3. Liability of contractor. Any mediation or litigation to resolve...
Section 37-4A-4 - Good faith--Damages for violation. - 37-4A-4. Good faith--Damages for violation. There is an implied promise...
Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment
Section 37-5-1 - Coercion of dealer to force unwanted purchases as misdemeanor. - 37-5-1. Coercion of dealer to force unwanted purchases as misdemeanor....
Section 37-5-2 - Coercion of dealer to control sales or force expenditures as misdemeanor. - 37-5-2. Coercion of dealer to control sales or force expenditures...
Section 37-5-3 - Unfair cancellation of dealer franchise as misdemeanor. - 37-5-3. Unfair cancellation of dealer franchise as misdemeanor. It is...
Section 37-5-4 - Civil liability for damages from violation. - 37-5-4. Civil liability for damages from violation. Each and every...
Section 37-5-5 - Cancellation of contract--Recovery of costs and charges by dealer--Transfer of title and possession. - 37-5-5. Cancellation of contract--Recovery of costs and charges by dealer--Transfer...
Section 37-5-5.5 - Reimbursement for computer and signage costs incurred under requirements of wholesaler, manufacturer or distributor. - 37-5-5.5. Reimbursement for computer and signage costs incurred under requirements...
Section 37-5-6 - Contracts subject to dealer's right to recovery of costs and charges on cancellation. - 37-5-6. Contracts subject to dealer's right to recovery of costs...
Section 37-5-7 - Determination of prices to be paid to dealer on cancellation of contract. - 37-5-7. Determination of prices to be paid to dealer on...
Section 37-5-7.1 - Time for payment of costs and charges to dealer--Final statement of account. - 37-5-7.1. Time for payment of costs and charges to dealer--Final...
Section 37-5-8 - Failure to pay dealer on cancellation of contract--Action by dealer--Applicability of section. - 37-5-8. Failure to pay dealer on cancellation of contract--Action by...
Section 37-5-9 - Death of dealer--Repurchase of merchandise, parts, and attachments--Exercise of rights by heirs. - 37-5-9. Death of dealer--Repurchase of merchandise, parts, and attachments--Exercise of...
Section 37-5-10 - Current unused complete farm implements, machinery or attachments defined. - 37-5-10. Current unused complete farm implements, machinery or attachments defined....
Section 37-5-11 - Restriction of jurisdiction or venue to out-of-state forum or requiring application of foreign law prohibited. - 37-5-11. Restriction of jurisdiction or venue to out-of-state forum or...
Section 37-5-12 - Waiver of law void. - 37-5-12. Waiver of law void. Any condition, stipulation, or provision...
Section 37-5-12.1 - Dealer defined. - 37-5-12.1. Dealer defined. For the purposes of §§37-5-1 to 37-5-12,...
Section 37-5-12.2 - Merchandise defined. - 37-5-12.2. Merchandise defined. For the purposes of §§37-5-1 to 37-5-12,...
Section 37-5-12.3 - Contract defined. - 37-5-12.3. Contract defined. For the purposes of §§37-5-1 to 37-5-12,...
Section 37-5-12.4 - Merchandise manufacturer or supplier compensation of dealer for diagnostic and warranty work. - 37-5-12.4. Merchandise manufacturer or supplier compensation of dealer for diagnostic...
Section 37-5-13 - Definition of terms used in §§ 37-5-13 to 37-5-15. - 37-5-13. Definition of terms used in §§37-5-13 to 37-5-15. Terms...
Section 37-5-14 - Certain circumstances not cause for termination of dealership contract or entering into new dealership contract. - 37-5-14. Certain circumstances not cause for termination of dealership contract...
Section 37-5-15 - Certain terms or conditions in dealership contract or lease prohibited--Not applicable to lease or sale of real property. - 37-5-15. Certain terms or conditions in dealership contract or lease...
Section 37-5-16 - Definitions. - 37-5-16. Definitions. Terms used in §§37-5-16 to 37-5-18, inclusive, shall...
Section 37-5-17 - Manufacturer of outdoor power equipment required to compensate retailer for warranty work--Amount of compensation. - 37-5-17. Manufacturer of outdoor power equipment required to compensate retailer...
Section 37-5-18 - Inapplicability of §§ 37-5-16 and 37-5-17 where only method of sales is through retailer with exclusive trade territory. - 37-5-18. Inapplicability of §§37-5-16 and 37-5-17 where only method of...
Section 37-5-19 - Civil action for violation of chapter. - 37-5-19. Civil action for violation of chapter. Any dealer, as...
Chapter 05B - Franchise Investment
Section 37-5B-1 - Definitions. - 37-5B-1. Definitions. Terms used in this chapter, unless the context...
Section 37-5B-2 - Jurisdiction. - 37-5B-2. Jurisdiction. This chapter applies to any franchise that is...
Section 37-5B-3 - Offer or sale not made in state. - 37-5B-3. Offer or sale not made in state. An offer...
Section 37-5B-4 - Notice filing required. - 37-5B-4. Notice filing required. It is unlawful for any person...
Section 37-5B-5 - Notice filing provisions. - 37-5B-5. Notice filing provisions. An initial application for the notice...
Section 37-5B-6 - Amendments. - 37-5B-6. Amendments. The director may require the franchisor to alter...
Section 37-5B-7 - Updating disclosure documents. - 37-5B-7. Updating disclosure documents. There is no filing required with...
Section 37-5B-8 - Start-up financial statements. - 37-5B-8. Start-up financial statements. For the purposes of §37-5B-7, a...
Section 37-5B-9 - Phase-in of financial statements. - 37-5B-9. Phase-in of financial statements. For the purposes of §37-5B-7,...
Section 37-5B-10 - Negotiation of terms. - 37-5B-10. Negotiation of terms. This chapter does not prevent the...
Section 37-5B-11 - Signed receipt. - 37-5B-11. Signed receipt. The person offering or selling any franchise...
Section 37-5B-12 - Exemptions from chapter. - 37-5B-12.Exemptions from chapter. The following are exempt from this chapter:...
Section 37-5B-13 - Exemptions from notice filing and obligations to deliver disclosure document. - 37-5B-13. Exemptions from notice filing and obligations to deliver disclosure...
Section 37-5B-14 - Exemptions from notice filing. - 37-5B-14. Exemptions from notice filing. The following franchises are subject...
Section 37-5B-15 - Exemptions by director. - 37-5B-15. Exemptions by director. The director may by rule or...
Section 37-5B-16 - Thresholds. - 37-5B-16. Thresholds. For purposes of the exemptions set forth in...
Section 37-5B-17 - Delivery of disclosure document. - 37-5B-17. Delivery of disclosure document. In connection with the offer...
Section 37-5B-18 - Time of delivery of disclosure document. - 37-5B-18. Time of delivery of disclosure document. For purposes of...
Section 37-5B-19 - Books and records. - 37-5B-19. Books and records. Every franchisor offering or selling a...
Section 37-5B-20 - Burden of proof. - 37-5B-20. Burden of proof. In any proceeding under this chapter...
Section 37-5B-21 - Arbitration. - 37-5B-21. Arbitration. A written provision in a franchise contract evidencing...
Section 37-5B-22 - Consent to service of process. - 37-5B-22. Consent to service of process. Each applicant for notice...
Section 37-5B-23 - Advertisement. - 37-5B-23. Advertisement. No person may publish or cause to be...
Section 37-5B-24 - Fraud--Class 4 felony. - 37-5B-24. Fraud--Class 4 felony. No person may, directly or indirectly,...
Section 37-5B-25 - Fraud--Class 6 felony. - 37-5B-25. Fraud--Class 6 felony. No person may, directly or indirectly,...
Section 37-5B-26 - Prohibited practices. - 37-5B-26. Prohibited practices. No person may, directly or indirectly, in...
Section 37-5B-27 - Director approval not permitted. - 37-5B-27. Director approval not permitted. The director may not approve...
Section 37-5B-28 - Administration. - 37-5B-28. Administration. The director shall administer this chapter. Source: SL...
Section 37-5B-29 - Promulgation of rules. - 37-5B-29. Promulgation of rules. The director may promulgate rules pursuant...
Section 37-5B-30 - Opinions. - 37-5B-30. Opinions. The director may, upon request and upon payment...
Section 37-5B-31 - Filed documents. - 37-5B-31. Filed documents. A document is filed when it is...
Section 37-5B-32 - Records of filings and orders. - 37-5B-32. Records of filings and orders. The director shall maintain...
Section 37-5B-33 - Public and nonpublic records. - 37-5B-33. Public and nonpublic records. Each application, notice and report...
Section 37-5B-34 - Copies of notice filings and orders. - 37-5B-34. Copies of notice filings and orders. The director shall...
Section 37-5B-35 - Investigations. - 37-5B-35. Investigations. The director may make such public or private...
Section 37-5B-36 - Request for information. - 37-5B-36. Request for information. The director may make a written...
Section 37-5B-37 - Subpoena powers. - 37-5B-37. Subpoena powers. For the purpose of any investigation or...
Section 37-5B-38 - Immunity. - 37-5B-38. Immunity. No person is excused from attending and testifying...
Section 37-5B-39 - Unauthorized use of information--Misdemeanor. - 37-5B-39. Unauthorized use of information--Misdemeanor. It is a Class 2...
Section 37-5B-40 - Cooperation with other agencies. - 37-5B-40. Cooperation with other agencies. To encourage uniformity in franchise...
Section 37-5B-41 - Cease and desist orders. - 37-5B-41. Cease and desist orders. The director, with or without...
Section 37-5B-42 - Order to show cause. - 37-5B-42. Order to show cause. As an alternative to the...
Section 37-5B-43 - Civil penalty. - 37-5B-43. Civil penalty. The director may impose a civil penalty...
Section 37-5B-44 - Order or request for hearing. - 37-5B-44. Order or request for hearing. Upon the entry of...
Section 37-5B-45 - Effect of order without hearing. - 37-5B-45. Effect of order without hearing. If no hearing is...
Section 37-5B-46 - Affirmance, modification, or vacation of order. - 37-5B-46. Affirmance, modification, or vacation of order. If a hearing...
Section 37-5B-47 - Civil action by attorney general. - 37-5B-47. Civil action by attorney general. If the director has...
Section 37-5B-48 - Injunctive relief. - 37-5B-48. Injunctive relief. In addition to all other penalties and...
Section 37-5B-49 - Civil damages or rescission. - 37-5B-49. Civil damages or rescission. A person who violates any...
Section 37-5B-50 - Limitation of actions. - 37-5B-50. Limitation of actions. No person may obtain relief for...
Section 37-5B-51 - Pending actions and actions based on prior conduct. - 37-5B-51. Pending actions and actions based on prior conduct. Any...
Section 37-5B-52 - Prior registrations and rulings. - 37-5B-52. Prior registrations and rulings. Any effective registration and administrative...
Section 37-5B-53 - Prior offers and sales. - 37-5B-53. Prior offers and sales. Chapter 37-5A as of June...
Chapter 06 - Trademark And Service Mark Protection
Section 37-6-1 - Definition of terms used in counterfeiting provisions. - 37-6-1. Definition of terms used in counterfeiting provisions. The following...
Section 37-6-2 - Forgery or counterfeiting of trade-mark as misdemeanor--Fraudulent use--Sale of goods under counterfeit mark. - 37-6-2. Forgery or counterfeiting of trade-mark as misdemeanor--Fraudulent use--Sale of...
Section 37-6-3 - Imitation of trade-mark as misdemeanor--Civil penalty. - 37-6-3. Imitation of trade-mark as misdemeanor--Civil penalty. Every person who,...
Section 37-6-4 - Definition of terms used in mark registration law. - 37-6-4. Definition of terms used in mark registration law. Terms...
Section 37-6-5 - Application to secretary of state for registration of mark--Contents and signature of application--Facsimile--Filing fee. - 37-6-5. Application to secretary of state for registration of mark--Contents...
Section 37-6-6 - Mark containing immoral, deceptive or scandalous matter not registrable. - 37-6-6. Mark containing immoral, deceptive or scandalous matter not registrable....
Section 37-6-7 - Mark disparaging or suggesting connection with persons, institutions, beliefs or national symbols not registrable. - 37-6-7. Mark disparaging or suggesting connection with persons, institutions, beliefs...
Section 37-6-8 - Mark using or simulating flags or governmental insignia not registrable. - 37-6-8. Mark using or simulating flags or governmental insignia not...
Section 37-6-9 - Mark identified with living persons not registrable except by consent. - 37-6-9. Mark identified with living persons not registrable except by...
Section 37-6-10 - Deceptive and merely descriptive marks not registrable--Marks made distinctive by previous use. - 37-6-10. Deceptive and merely descriptive marks not registrable--Marks made distinctive...
Section 37-6-11 - Mark similar to previously used marks not registrable. - 37-6-11. Mark similar to previously used marks not registrable. A...
Section 37-6-12 - Classification of goods and services for mark registration--Registration limited to single class. - 37-6-12. Classification of goods and services for mark registration--Registration limited...
Section 37-6-13 - Certificate of registration issued by secretary of state--Contents. - 37-6-13. Certificate of registration issued by secretary of state--Contents. Upon...
Section 37-6-14 - Term of registration--Renewal. - 37-6-14. Term of registration--Renewal. Registration of a mark under §37-6-13...
Section 37-6-16 - Civil liability for damages from fraudulent mark registration. - 37-6-16. Civil liability for damages from fraudulent mark registration. Any...
Section 37-6-17 - Assignment of mark and registration with good will--Recording and new certificate--Fee--Validity of assignment against subsequent purchaser. - 37-6-17. Assignment of mark and registration with good will--Recording and...
Section 37-6-18 - Cancellation of registration on request or due to error or fraud. - 37-6-18. Cancellation of registration on request or due to error...
Section 37-6-19 - Cancellation of registration on court findings. - 37-6-19. Cancellation of registration on court findings. The secretary of...
Section 37-6-20 - Cancellation of registration on court order. - 37-6-20. Cancellation of registration on court order. The secretary of...
Section 37-6-21 - Cancellation of registrations not renewed. - 37-6-21. Cancellation of registrations not renewed. The secretary of state...
Section 37-6-22 - Public record of registered marks. - 37-6-22. Public record of registered marks. The secretary of state...
Section 37-6-24 - Proceedings to enjoin counterfeits or imitations of registered mark--Circuit court jurisdiction--Damages--Destruction of counterfeits or imitations. - 37-6-24. Proceedings to enjoin counterfeits or imitations of registered mark--Circuit...
Section 37-6-25 - Civil action against person using counterfeit or imitation of registered mark. - 37-6-25. Civil action against person using counterfeit or imitation of...
Section 37-6-26 - Civil action against person counterfeiting or imitating registered mark--Knowledge required to recover profits or damages. - 37-6-26. Civil action against person counterfeiting or imitating registered mark--Knowledge...
Section 37-6-28 - Recording of container markings by register of deeds--Unlawful use of container covered by recording as petty offense. - 37-6-28. Recording of container markings by register of deeds--Unlawful use...
Section 37-6-29 - Use or possession of marked and registered container prima facie unlawful--Search warrant. - 37-6-29. Use or possession of marked and registered container prima...
Section 37-6-30 - Obliteration of registered container mark as misdemeanor. - 37-6-30. Obliteration of registered container mark as misdemeanor. Any person...
Section 37-6-31 - Nonresidents entitled to protection of containers. - 37-6-31. Nonresidents entitled to protection of containers. Any person residing...
Section 37-6-32 - Civil penalty for unauthorized refilling or trafficking in registered containers. - 37-6-32. Civil penalty for unauthorized refilling or trafficking in registered...
Chapter 07 - Labeling Of Indian Products
Section 37-7-1 - Distribution of products as misdemeanor unless labeled as to place of manufacture. - 37-7-1. Distribution of products as misdemeanor unless labeled as to...
Section 37-7-2 - Sale of mislabeled product as misdemeanor. - 37-7-2. Sale of mislabeled product as misdemeanor. It is a...
Section 37-7-2.1 - Sale of imitation articles without disclosure as misdemeanor--Specifications. - 37-7-2.1. Sale of imitation articles without disclosure as misdemeanor--Specifications. It...
Section 37-7-4 - Definitions. - 37-7-4. Definitions. Terms used in this chapter mean: (1)"Indian," any...
Chapter 10 - Unfair Cigarette Sales
Section 37-10-1 - Definition of terms. - 37-10-1. Definition of terms. Terms used in this chapter, except...
Section 37-10-2 - Sale at less than cost to prevent competition unlawful--Rebates and concessions not applicable to other merchandise. - 37-10-2. Sale at less than cost to prevent competition unlawful--Rebates...
Section 37-10-3 - Purchase by retailer at less than cost to wholesaler to prevent competition unlawful--Procuring rebate or concession. - 37-10-3. Purchase by retailer at less than cost to wholesaler...
Section 37-10-4 - Sales between wholesalers permitted at less than cost--Basic cost to be charged. - 37-10-4. Sales between wholesalers permitted at less than cost--Basic cost...
Section 37-10-5 - Computation of cost to retailer--Expenses included. - 37-10-5. Computation of cost to retailer--Expenses included. Cost to the...
Section 37-10-6 - Presumption as to cost of doing business by retailer. - 37-10-6. Presumption as to cost of doing business by retailer....
Section 37-10-7 - Wholesaler's costs added when retailer purchases from manufacturer. - 37-10-7. Wholesaler's costs added when retailer purchases from manufacturer. Any...
Section 37-10-8 - Presumption as to cost of doing business by retailer purchasing from manufacturer. - 37-10-8. Presumption as to cost of doing business by retailer...
Section 37-10-9 - Computation of cost to wholesaler--Expenses included. - 37-10-9. Computation of cost to wholesaler--Expenses included. Cost to the...
Section 37-10-10 - Presumption as to cost of doing business by wholesaler--Cartage costs. - 37-10-10. Presumption as to cost of doing business by wholesaler--Cartage...
Section 37-10-11 - Purchases outside ordinary trade channels not considered in determining costs. - 37-10-11. Purchases outside ordinary trade channels not considered in determining...
Section 37-10-12 - Cost survey as evidence of cost to retailer or wholesaler. - 37-10-12. Cost survey as evidence of cost to retailer or...
Section 37-10-13 - Tie-in sale at less than value of other goods deemed rebate or concession. - 37-10-13. Tie-in sale at less than value of other goods...
Section 37-10-14 - Application of minimum price provisions to combination sales, rebates and concessions. - 37-10-14. Application of minimum price provisions to combination sales, rebates...
Section 37-10-15 - Promotional merchandise not considered in determining cost. - 37-10-15. Promotional merchandise not considered in determining cost. Merchandise given...
Section 37-10-16 - Price reductions permitted to meet competition--Sales not in ordinary trade channels not considered. - 37-10-16. Price reductions permitted to meet competition--Sales not in ordinary...
Section 37-10-17 - Cost survey price considered competitive price. - 37-10-17. Cost survey price considered competitive price. In the absence...
Section 37-10-18 - Isolated transactions exempt from chapter. - 37-10-18. Isolated transactions exempt from chapter. The provisions of this...
Section 37-10-19 - Damaged merchandise sales exempt from chapter--Notice to customer. - 37-10-19. Damaged merchandise sales exempt from chapter--Notice to customer. The...
Section 37-10-20 - Clearance sales exempt from chapter--Notice to customer. - 37-10-20. Clearance sales exempt from chapter--Notice to customer. The provisions...
Section 37-10-21 - Liquidation sales exempt from chapter. - 37-10-21. Liquidation sales exempt from chapter. The provisions of this...
Section 37-10-22 - Sales by officer acting under court order exempt from chapter. - 37-10-22. Sales by officer acting under court order exempt from...
Section 37-10-23 - Sale at less than cost or offer of rebate as evidence of intent to prevent competition. - 37-10-23. Sale at less than cost or offer of rebate...
Section 37-10-24 - Evidence of fictitious price or concealment of cost bearing on good faith--Evidence of trade usages. - 37-10-24. Evidence of fictitious price or concealment of cost bearing...
Section 37-10-25 - Contracts in violation void--Recovery prohibited. - 37-10-25. Contracts in violation void--Recovery prohibited. Any contract, expressed or...
Section 37-10-26 - Promulgation of rules--Cost survey. - 37-10-26. Promulgation of rules--Cost survey. The secretary of revenue may...
Section 37-10-27 - Duty to enforce chapter--Employment of personnel. - 37-10-27. Duty to enforce chapter--Employment of personnel. In order to...
Section 37-10-28 - Powers vested in secretary available for enforcement of chapter. - 37-10-28. Powers vested in secretary available for enforcement of chapter....
Section 37-10-29 - Suspension or revocation of license under cigarette tax law. - 37-10-29. Suspension or revocation of license under cigarette tax law....
Section 37-10-30 - Disciplinary proceedings not abated by expiration or renewal of license. - 37-10-30. Disciplinary proceedings not abated by expiration or renewal of...
Section 37-10-31 - Procedure for suspension or revocation of license. - 37-10-31. Procedure for suspension or revocation of license. No license...
Section 37-10-32 - Periods of suspension of license--Revocation for persistent violations. - 37-10-32. Periods of suspension of license--Revocation for persistent violations. If...
Section 37-10-33 - Appeal to courts from secretary of revenue. - 37-10-33. Appeal to courts from secretary of revenue. Any person...
Section 37-10-34 - Sales prohibited during suspension or revocation of license. - 37-10-34. Sales prohibited during suspension or revocation of license. No...
Section 37-10-35 - Reinstatement of revoked license. - 37-10-35. Reinstatement of revoked license. Any person whose license or...
Section 37-10-36 - Injunction proceedings to prevent violations of chapter. - 37-10-36. Injunction proceedings to prevent violations of chapter. An action...
Section 37-10-37 - Damages recovered in injunction proceeding. - 37-10-37. Damages recovered in injunction proceeding. In an action pursuant...
Section 37-10-38 - Action for damages without injunction. - 37-10-38. Action for damages without injunction. If no injunctive relief...
Section 37-10-39 - Severability of provisions--Severability from other laws. - 37-10-39. Severability of provisions--Severability from other laws. If any provision...
Section 37-10-40 - Citation of chapter. - 37-10-40. Citation of chapter. This chapter shall be known and...
Chapter 11 - Registration Of Business Names
Section 37-11-1 - Filing of fictitious name statement required--Exceptions. - 37-11-1. Filing of fictitious name statement required--Exceptions. Any person regularly...
Section 37-11-2 - Statement filed on change in ownership of business--Fee. - 37-11-2. Statement filed on change in ownership of business--Fee. A...
Section 37-11-3 - Information recorded by secretary of state and register of deeds. - 37-11-3. Information recorded by secretary of state and register of...
Section 37-11-4 - Liability of persons interested in business. - 37-11-4. Liability of persons interested in business. All persons interested...
Section 37-11-5 - Filing of statements prerequisite to bringing legal action, enforcing rights, or recovery. - 37-11-5. Filing of statements prerequisite to bringing legal action, enforcing...
Chapter 14 - Auction Sales
Section 37-14-2 - Auction sale defined. - 37-14-2. Auction sale defined. "Auction sale," as used in this...
Section 37-14-4 - Farm sales, judicial sales and closing out sales exempt. - 37-14-4. Farm sales, judicial sales and closing out sales exempt....
Section 37-14-5 - Requirements of chapter. - 37-14-5. Requirements of chapter. Any requirement under the provisions of...
Section 37-14-18 - Deposit of auction receipts into separate auction proceeds account. - 37-14-18. Deposit of auction receipts into separate auction proceeds account....
Section 37-14-19 - Transfer of auction receipts to client--Time limit. - 37-14-19. Transfer of auction receipts to client--Time limit. Any money...
Section 37-14-20 - Application of deposit and transfer requirements. - 37-14-20. Application of deposit and transfer requirements. Sections 37-14-18 and...
Section 37-14-21 - Time for taking possession of property after sale--Reversion of ownership of unclaimed property--Forfeiture of payment--Exceptions. - 37-14-21. Time for taking possession of property after sale--Reversion of...
Chapter 16 - Pawnbrokers
Section 37-16-1 - Charging excessive interest as misdemeanor. - 37-16-1. Charging excessive interest as misdemeanor. Every pawnbroker who receives...
Section 37-16-2 - Sale of pledge during time for redemption as misdemeanor. - 37-16-2. Sale of pledge during time for redemption as misdemeanor....
Section 37-16-3 - Conduct of business without municipal license as misdemeanor. - 37-16-3. Conduct of business without municipal license as misdemeanor. Any...
Section 37-16-4 - Refusal to disclose purchaser and price of article sold as misdemeanor. - 37-16-4. Refusal to disclose purchaser and price of article sold...
Section 37-16-5 - Refusal to exhibit stolen goods as misdemeanor. - 37-16-5. Refusal to exhibit stolen goods as misdemeanor. Every pawnbroker...
Chapter 17 - Sale Of Serially Numbered Appliances And Equipment
Section 37-17-1 - Sale after removal or alteration of serial number as misdemeanor or felony. - 37-17-1. Sale after removal or alteration of serial number as...
Section 37-17-2 - Manufacturer or importer permitted to renumber farm machinery or parts. - 37-17-2. Manufacturer or importer permitted to renumber farm machinery or...
Section 37-17-3 - Farmers exempt when disposing of implements. - 37-17-3. Farmers exempt when disposing of implements. This chapter shall...
Chapter 20 - Standard Weights And Measures
Section 37-20-1 - Definitions. - 37-20-1. Definitions. Terms used in this chapter mean: (1)"Department," the...
Section 37-20-1.1 - Federally supplied weights and measures adopted as state standards. - 37-20-1.1. Federally supplied weights and measures adopted as state standards....
Section 37-20-2 - Preservation and safeguarding of state standards--Record of standards--Use to test duplicate standards. - 37-20-2. Preservation and safeguarding of state standards--Record of standards--Use to...
Section 37-20-3 - Reference standards, working standards, and field standards. - 37-20-3. Reference standards, working standards, and field standards. In addition...
Section 37-20-4 - Verification and sealing of working standards and field standards. - 37-20-4. Verification and sealing of working standards and field standards....
Section 37-20-5 - Working standards used to test weighing and measuring devices. - 37-20-5. Working standards used to test weighing and measuring devices....
Section 37-20-31 - Marking false weight on container as misdemeanor. - 37-20-31. Marking false weight on container as misdemeanor. Every person...
Section 37-20-32 - Placing foreign substance in package to increase weight as misdemeanor. - 37-20-32. Placing foreign substance in package to increase weight as...
Section 37-20-33 - Metric measures not prohibited. - 37-20-33. Metric measures not prohibited. Nothing in chapters 37-20 to...
Section 37-20-34 - Promulgation of rules. - 37-20-34. Promulgation of rules. The secretary may promulgate rules, pursuant...
Chapter 21 - Enforcement Of Weights And Measures Standards
Section 37-21-1 - Definitions. - 37-21-1. Definitions. Terms used in this chapter mean: (1)"Department," the...
Section 37-21-1.2 - General supervision by department. - 37-21-1.2. General supervision by department. The department shall have and...
Section 37-21-2 - Secretary as inspector and sealer--Enforcement of standards--Powers and duties of department personnel. - 37-21-2. Secretary as inspector and sealer--Enforcement of standards--Powers and duties...
Section 37-21-5 - Regulations for enforcement of standards. - 37-21-5. Regulations for enforcement of standards. The secretary of the...
Section 37-21-6 - Specifications and tolerances included in regulations--Purpose--Conformity with national code. - 37-21-6. Specifications and tolerances included in regulations--Purpose--Conformity with national code....
Section 37-21-7 - Conforming weights, measures, and devices deemed correct. - 37-21-7. Conforming weights, measures, and devices deemed correct. For the...
Section 37-21-9 - Inspection and testing of weights, measures, and devices. - 37-21-9. Inspection and testing of weights, measures, and devices. When...
Section 37-21-9.1 - Fees for inspection and testing. - 37-21-9.1. Fees for inspection and testing. The department shall charge...
Section 37-21-10 - Investigation upon complaint. - 37-21-10. Investigation upon complaint. If a complaint is made to...
Section 37-21-12 - Impersonation of secretary or department employee as misdemeanor. - 37-21-12. Impersonation of secretary or department employee as misdemeanor. Any...
Section 37-21-13 - Sealing and marking of weights, measures and devices found correct. - 37-21-13. Sealing and marking of weights, measures and devices found...
Section 37-21-14 - Seizure and destruction of incorrect weights, measures and devices--Tagging for repairs--Confiscation on failure to repair. - 37-21-14. Seizure and destruction of incorrect weights, measures and devices--Tagging...
Section 37-21-15 - Inspection of packages or commodities offered for sale. - 37-21-15. Inspection of packages or commodities offered for sale. The...
Section 37-21-16 - Access to premises and stopping of vendors or dealers for testing purposes. - 37-21-16. Access to premises and stopping of vendors or dealers...
Section 37-21-18 - Prohibited acts--Misdemeanor. - 37-21-18. Prohibited acts--Misdemeanor. Any person who: (1)Offers or exposes for...
Section 37-21-21 - Assistance of law enforcement--Prosecution of violations. - 37-21-21. Assistance of law enforcement--Prosecution of violations. The secretary and...
Chapter 21A - Service Agencies For Weighing And Measuring Devices
Section 37-21A-1 - Definition of terms. - 37-21A-1. Definition of terms. Terms as used in this chapter...
Section 37-21A-2 - Application for registration to service weighing or measuring devices--Evidence of qualifications. - 37-21A-2. Application for registration to service weighing or measuring devices--Evidence...
Section 37-21A-3 - Annual registration fees--Time of payment. - 37-21A-3. Annual registration fees--Time of payment. The secretary shall charge...
Section 37-21A-4 - Issuance of certificate of registration--Assigned number--Duration of certificate. - 37-21A-4. Issuance of certificate of registration--Assigned number--Duration of certificate. Upon...
Section 37-21A-5 - Registrant's removal of tags and placement of devices in service before official examination. - 37-21A-5. Registrant's removal of tags and placement of devices in...
Section 37-21A-6 - Forms for reporting devices placed in service by agency--Distribution of copies of report. - 37-21A-6. Forms for reporting devices placed in service by agency--Distribution...
Section 37-21A-7 - Examination and certification of standards and equipment used by service agencies--Use of uncertified equipment prohibited--Fees. - 37-21A-7. Examination and certification of standards and equipment used by...
Section 37-21A-8 - Denial, suspension, or revocation of certificate of registration. - 37-21A-8. Denial, suspension, or revocation of certificate of registration. The...
Section 37-21A-10 - Interstate agreements for reciprocal recognition of certification. - 37-21A-10. Interstate agreements for reciprocal recognition of certification. The secretary...
Section 37-21A-11 - Rules and regulations. - 37-21A-11. Rules and regulations. The secretary of the Department of...
Chapter 22 - Scales Maintained By Carriers, Elevators And Stockyards
Section 37-22-1 - Scales under supervision of department and subject to inspection. - 37-22-1. Scales under supervision of department and subject to inspection....
Section 37-22-1.2 - Definitions. - 37-22-1.2. Definitions. Terms used in this chapter mean: (1)"Department," the...
Section 37-22-3 - Installation, inspection, testing, and correction of scales--Promulgation of rules. - 37-22-3. Installation, inspection, testing, and correction of scales--Promulgation of rules....
Section 37-22-4 - Department jurisdiction exclusive. - 37-22-4. Department jurisdiction exclusive. The department has exclusive jurisdiction over...
Section 37-22-5 - Appointment of inspectors. - 37-22-5. Appointment of inspectors. The department may appoint suitable and...
Section 37-22-7 - Department facilities and equipment. - 37-22-7. Department facilities and equipment. The department may acquire standard...
Section 37-22-9 - Entry on premises and testing of scales. - 37-22-9. Entry on premises and testing of scales. The department...
Section 37-22-10 - Inspection and testing fees. - 37-22-10. Inspection and testing fees. The department shall charge and...
Section 37-22-12 - Hourly charges for requested testing outside regular route. - 37-22-12. Hourly charges for requested testing outside regular route. If...
Section 37-22-13 - Tagging of inaccurate scales--Removal of tag as misdemeanor--Repair, retesting, and use of scales. - 37-22-13. Tagging of inaccurate scales--Removal of tag as misdemeanor--Repair, retesting,...
Section 37-22-16 - Deposit of money collected. - 37-22-16. Deposit of money collected. Any money collected under the...
Section 37-22-17 - Prohibited acts--Misdemeanor. - 37-22-17. Prohibited acts--Misdemeanor. Except as otherwise provided in this chapter,...
Section 37-22-18 - Variance from rules or specifications governing scale--Promulgation of rules. - 37-22-18. Variance from rules or specifications governing scale--Promulgation of rules....
Chapter 22A - Vehicle Scales
Section 37-22A-1 - Definitions. - 37-22A-1. Definitions. Terms used in this chapter mean: (1)"Department," the...
Section 37-22A-1.1 - Ticket printer required on scales used in commercial trade. - 37-22A-1.1. Ticket printer required on scales used in commercial trade....
Section 37-22A-2 - Exemption of scales previously in use. - 37-22A-2. Exemption of scales previously in use. The provisions of...
Section 37-22A-3 - Contents and form of scale tickets--Distribution of copies. - 37-22A-3. Contents and form of scale tickets--Distribution of copies. Each...
Section 37-22A-4 - Correction of errors in scale tickets. - 37-22A-4. Correction of errors in scale tickets. In case of...
Section 37-22A-5 - Administration and enforcement of chapter. - 37-22A-5. Administration and enforcement of chapter. The provisions of chapter...
Chapter 23 - Consumer Affairs
Section 37-23-4 - Powers and duties of attorney general. - 37-23-4. Powers and duties of attorney general. The attorney general...
Section 37-23-5 - Cooperation of state agencies. - 37-23-5. Cooperation of state agencies. All departments, officers, agencies, and...
Section 37-23-6 - Injunctive procedures by attorney general. - 37-23-6. Injunctive procedures by attorney general. The attorney general of...
Chapter 24 - Deceptive Trade Practices And Consumer Protection
Section 37-24-1 - Definition of terms. - 37-24-1. Definition of terms. Terms used in this chapter mean:...
Section 37-24-2 - Unordered merchandise as gift--Right to refuse--Exceptions. - 37-24-2. Unordered merchandise as gift--Right to refuse--Exceptions. Unless otherwise agreed,...
Section 37-24-5.1 - "Door to door sale" defined. - 37-24-5.1."Door to door sale" defined. In this chapter, unless the...
Section 37-24-5.2 - Transactions not considered door to door sales. - 37-24-5.2.Transactions not considered door to door sales. The term "door...
Section 37-24-5.3 - Door to door seller's failure to inform buyer of right to cancel. - 37-24-5.3. Door to door seller's failure to inform buyer of...
Section 37-24-5.4 - Cancellation notice form to be furnished and filled in by door to door seller. - 37-24-5.4. Cancellation notice form to be furnished and filled in...
Section 37-24-5.5 - Deceptive to include confession of judgment or waiver of rights in door to door sale. - 37-24-5.5. Deceptive to include confession of judgment or waiver of...
Section 37-24-5.6 - Deceptive to fail to honor notice of cancellation of door to door sale--Notice of intent to repossess or abandon delivered goods. - 37-24-5.6. Deceptive to fail to honor notice of cancellation of...
Section 37-24-5.7 - Criteria for compliance of door to door sales with notice requirements. - 37-24-5.7. Criteria for compliance of door to door sales with...
Section 37-24-6 - Deceptive act or practice--Violation as misdemeanor or felony. - 37-24-6. Deceptive act or practice--Violation as misdemeanor or felony. It...
Section 37-24-6.1 - Electronic cash registers required to display transactions and issue receipts--Violation as petty offense. - 37-24-6.1. Electronic cash registers required to display transactions and issue...
Section 37-24-6.2 - Advertisement at regular price not prohibited. - 37-24-6.2. Advertisement at regular price not prohibited. Nothing in §37-24-6...
Section 37-24-7 - Other remedies unimpaired by definition of deceptive practices--Actions under chapter restricted. - 37-24-7. Other remedies unimpaired by definition of deceptive practices--Actions under...
Section 37-24-8 - Prima facie knowledge of deceptive practice--Civil relief unaffected. - 37-24-8. Prima facie knowledge of deceptive practice--Civil relief unaffected. For...
Section 37-24-10 - Lawful practices unaffected by chapter. - 37-24-10. Lawful practices unaffected by chapter. Nothing in this chapter...
Section 37-24-11 - Advertising media exempt without knowledge of unlawfulness. - 37-24-11. Advertising media exempt without knowledge of unlawfulness. Nothing in...
Section 37-24-12 - Attorney general's investigative demand for report on suspect practices. - 37-24-12. Attorney general's investigative demand for report on suspect practices....
Section 37-24-13 - Modification or setting aside of director's investigative demand. - 37-24-13. Modification or setting aside of director's investigative demand. At...
Section 37-24-14 - Subpoena powers of attorney general--Hearings--Forms--Rules and regulations. - 37-24-14. Subpoena powers of attorney general--Hearings--Forms--Rules and regulations. To accomplish...
Section 37-24-15 - Self-incriminating evidence required on promise of immunity. - 37-24-15. Self-incriminating evidence required on promise of immunity. If any...
Section 37-24-16 - Service of notice, demand, or subpoena. - 37-24-16. Service of notice, demand, or subpoena. Service of any...
Section 37-24-17 - Judicial enforcement of notice, demand or subpoena. - 37-24-17. Judicial enforcement of notice, demand or subpoena. Any person...
Section 37-24-18 - Information disclosed only as necessary for enforcement. - 37-24-18. Information disclosed only as necessary for enforcement. Information obtained...
Section 37-24-19 - Acceptance of assurance of voluntary compliance authorized. - 37-24-19. Acceptance of assurance of voluntary compliance authorized. In the...
Section 37-24-20 - Form and contents of assurance of voluntary compliance--Approval by circuit court. - 37-24-20. Form and contents of assurance of voluntary compliance--Approval by...
Section 37-24-21 - Assurance not admission--Failure to comply prima facie evidence of violation. - 37-24-21. Assurance not admission--Failure to comply prima facie evidence of...
Section 37-24-22 - Reopening of matters closed by acceptance of assurance. - 37-24-22. Reopening of matters closed by acceptance of assurance. Matters...
Section 37-24-23 - Attorney general's action for injunction--Notice--Attorney fees. - 37-24-23. Attorney general's action for injunction--Notice--Attorney fees. If the attorney...
Section 37-24-24 - State's attorneys to assist--Action by state's attorney. - 37-24-24. State's attorneys to assist--Action by state's attorney. It shall...
Section 37-24-25 - Venue of actions for injunction--Relief granted. - 37-24-25. Venue of actions for injunction--Relief granted. An action under...
Section 37-24-26 - Civil penalty for violation of injunction. - 37-24-26. Civil penalty for violation of injunction. The attorney general,...
Section 37-24-27 - Civil penalty for intentional violations recovered in action for injunction. - 37-24-27. Civil penalty for intentional violations recovered in action for...
Section 37-24-28 - Jurisdiction retained by court issuing injunction. - 37-24-28. Jurisdiction retained by court issuing injunction. For the purposes...
Section 37-24-29 - Additional judicial relief from unlawful practices--Appointment of receiver. - 37-24-29. Additional judicial relief from unlawful practices--Appointment of receiver. The...
Section 37-24-30 - Powers of receiver. - 37-24-30. Powers of receiver. When a receiver is appointed by...
Section 37-24-31 - Action for damages brought by person adversely affected. - 37-24-31. Action for damages brought by person adversely affected. Any...
Section 37-24-32 - Other private remedies unaffected. - 37-24-32. Other private remedies unaffected. Section 37-24-31 shall apply only...
Section 37-24-33 - Limitation of actions. - 37-24-33. Limitation of actions. No action under this chapter may...
Section 37-24-34 - Chapter not retroactive. - 37-24-34. Chapter not retroactive. This chapter does not affect rights...
Section 37-24-35 - Severability of provisions. - 37-24-35. Severability of provisions. If any provisions of this chapter...
Section 37-24-41 - Definitions. - 37-24-41. Definitions. Terms used in §§37-24-41 to 37-24-48, inclusive, mean:...
Section 37-24-42 - Unsolicited commercial e-mail advertisements restricted. - 37-24-42. Unsolicited commercial e-mail advertisements restricted. No person or entity...
Section 37-24-43 - Internet access service provider policy restricting e-mail permitted. - 37-24-43. Internet access service provider policy restricting e-mail permitted. Nothing...
Section 37-24-44 - Collection of e-mail addresses to initiate unsolicited commercial e-mail advertisements prohibited. - 37-24-44. Collection of e-mail addresses to initiate unsolicited commercial e-mail...
Section 37-24-45 - Obtaining e-mail addresses by automated means to initiate unsolicited commercial e-mail advertisements prohibited. - 37-24-45. Obtaining e-mail addresses by automated means to initiate unsolicited...
Section 37-24-46 - Use of automated means to register multiple e-mail accounts from which to initiate unsolicited commercial e-mail advertisements prohibited. - 37-24-46. Use of automated means to register multiple e-mail accounts...
Section 37-24-47 - Prohibited commercial e-mail advertisements. - 37-24-47. Prohibited commercial e-mail advertisements. No person may advertise in...
Section 37-24-48 - Actions for damages--Attorney's fees and costs--Reduction of damages under certain circumstances. - 37-24-48. Actions for damages--Attorney's fees and costs--Reduction of damages under...
Section 37-24-49 - Contractor defined for §§ 37-24-50 and 37-24-51. - 37-24-49. Contractor defined for §§37-24-50 and 37-24-51. For the purposes...
Section 37-24-50 - Contractor rebate of insurance deductible prohibited. - 37-24-50. Contractor rebate of insurance deductible prohibited. No contractor providing...
Section 37-24-51 - Cancellation of storm damage roofing repair contract. - 37-24-51. Cancellation of storm damage roofing repair contract. Any person...
Section 37-24-52 - Organized retail crime--Each act a misdemeanor or felony. - 37-24-52. Organized retail crime--Each act a misdemeanor or felony. A...
Section 37-24-53 - Restitution and reimbursement for organized retail crime. - 37-24-53. Restitution and reimbursement for organized retail crime. The court...
Section 37-24-54 - Defenses. - 37-24-54. Defenses. It is not a defense to a charge...
Section 37-24-55 - Charges not prohibited by chapter. - 37-24-55. Charges not prohibited by chapter. This chapter does not...
Section 37-24-56 - Aggregating amount involved to determine degree of punishment. - 37-24-56. Aggregating amount involved to determine degree of punishment. In...
Section 37-24-57 - Report by financial institution of exploitation of elder or adult with disability. - 37-24-57.Report by financial institution of exploitation of elder or adult...
Section 37-24-58 - Cooperation of financial institution with investigation of abuse, neglect, or exploitation of elder or adult with disability. - 37-24-58. Cooperation of financial institution with investigation of abuse, neglect,...
Chapter 25A - Business Opportunities
Section 37-25A-1 - Definitions. - 37-25A-1. Definitions. Terms used in this chapter, unless the context...
Section 37-25A-2 - Exclusions from definition of business opportunity. - 37-25A-2. Exclusions from definition of business opportunity. For the purposes...
Section 37-25A-3 - Exemptions. - 37-25A-3. Exemptions. The following business opportunities are exempt from §§37-25A-7...
Section 37-25A-4 - Revocation or denial of exemption--Procedure. - 37-25A-4. Revocation or denial of exemption--Procedure. The director of the...
Section 37-25A-5 - Revocation or denial of exemption without hearing pending final determination--Notice--Request for hearing. - 37-25A-5. Revocation or denial of exemption without hearing pending final...
Section 37-25A-6 - Offer or sale without knowledge of order revoking or denying exemption. - 37-25A-6. Offer or sale without knowledge of order revoking or...
Section 37-25A-7 - Offer or sale of opportunity not registered or exempt prohibited. - 37-25A-7. Offer or sale of opportunity not registered or exempt...
Section 37-25A-8 - Filings required to register opportunity. - 37-25A-8. Filings required to register opportunity. In order to register...
Section 37-25A-9 - Appointment of director as agent for service of process--Procedure for service through director. - 37-25A-9. Appointment of director as agent for service of process--Procedure...
Section 37-25A-10 - Fee for registration. - 37-25A-10. Fee for registration. A registration fee of one hundred...
Section 37-25A-11 - Effective date of registration. - 37-25A-11. Effective date of registration. A registration is automatically effective...
Section 37-25A-12 - Term of registration--Renewal statement and fee--Sales report. - 37-25A-12. Term of registration--Renewal statement and fee--Sales report. The registration...
Section 37-25A-13 - Rule requiring filing of advertising and literature authorized. - 37-25A-13. Rule requiring filing of advertising and literature authorized. The...
Section 37-25A-14 - Delivery of written disclosure document to purchaser required. - 37-25A-14. Delivery of written disclosure document to purchaser required. No...
Section 37-25A-15 - Form and content of disclosure statement. - 37-25A-15. Form and content of disclosure statement. The disclosure document...
Section 37-25A-16 - Business opportunity contract to be written--Copy to purchaser. - 37-25A-16. Business opportunity contract to be written--Copy to purchaser. No...
Section 37-25A-17 - Required contract provisions. - 37-25A-17. Required contract provisions. Any contract or agreement shall set...
Section 37-25A-18 - Denial, revocation, or suspension of registration--Grounds. - 37-25A-18. Denial, revocation, or suspension of registration--Grounds. The director of...
Section 37-25A-19 - Limitation of revocation, suspension, or denial proceeding. - 37-25A-19. Limitation of revocation, suspension, or denial proceeding. The director...
Section 37-25A-20 - Summary suspension or postponement of effectiveness of registration--Notice--Hearing--Modification. - 37-25A-20. Summary suspension or postponement of effectiveness of registration--Notice--Hearing--Modification. The...
Section 37-25A-21 - Prerequisites to entry of stop order. - 37-25A-21. Prerequisites to entry of stop order. No stop order...
Section 37-25A-22 - Vacation or modification of orders--Grounds. - 37-25A-22. Vacation or modification of orders--Grounds. The director of the...
Section 37-25A-23 - Net worth or bond requirements for use of income, refund, or repurchase representations. - 37-25A-23. Net worth or bond requirements for use of income,...
Section 37-25A-24 - Period bond required--Notice required prior to lapse. - 37-25A-24. Period bond required--Notice required prior to lapse. If the...
Section 37-25A-25 - Use or disclosure of information by director restricted. - 37-25A-25. Use or disclosure of information by director restricted. The...
Section 37-25A-26 - Investigatory powers of director--Publication of information concerning violations. - 37-25A-26. Investigatory powers of director--Publication of information concerning violations. The...
Section 37-25A-27 - Administration of oaths--Subpoena power--Taking evidence. - 37-25A-27. Administration of oaths--Subpoena power--Taking evidence. For the purpose of...
Section 37-25A-28 - Enforcement of subpoena. - 37-25A-28. Enforcement of subpoena. If any person refuses to obey...
Section 37-25A-29 - Privilege against self-incrimination not excusing witness--Prosecution of witness restricted. - 37-25A-29. Privilege against self-incrimination not excusing witness--Prosecution of witness restricted....
Section 37-25A-30 - Cease and desist orders--Injunction actions--Reference of evidence for prosecution. - 37-25A-30. Cease and desist orders--Injunction actions--Reference of evidence for prosecution....
Section 37-25A-31 - Appeal of director's order. - 37-25A-31. Appeal of director's order. Any person aggrieved by a...
Section 37-25A-32 - Promulgation of rules and forms. - 37-25A-32. Promulgation of rules and forms. The director of the...
Section 37-25A-33 - Findings required for adoption or change of rules--Cooperation with other jurisdictions. - 37-25A-33. Findings required for adoption or change of rules--Cooperation with...
Section 37-25A-34 - Liability not imposed on acts conforming to rule, form or order. - 37-25A-34. Liability not imposed on acts conforming to rule, form...
Section 37-25A-35 - Receipt by director as filing--Records maintained--Public inspection. - 37-25A-35. Receipt by director as filing--Records maintained--Public inspection. A document...
Section 37-25A-36 - Interpretive opinions by director--Fee. - 37-25A-36. Interpretive opinions by director--Fee. The director of the Division...
Section 37-25A-37 - Sales and offers subject to chapter. - 37-25A-37. Sales and offers subject to chapter. The provisions of...
Section 37-25A-38 - Offers to sell made in this state. - 37-25A-38. Offers to sell made in this state. For the...
Section 37-25A-39 - Offers to sell accepted in this state. - 37-25A-39. Offers to sell accepted in this state. For the...
Section 37-25A-40 - Offers to sell not made in this state. - 37-25A-40. Offers to sell not made in this state. An...
Section 37-25A-41 - Conduct constituting appointment of director as attorney for service of process. - 37-25A-41. Conduct constituting appointment of director as attorney for service...
Section 37-25A-42 - Continuances where process served under chapter. - 37-25A-42. Continuances where process served under chapter. If process is...
Section 37-25A-43 - Fraud, deceit, and misleading statements and omissions prohibited in connection with offer or sale. - 37-25A-43. Fraud, deceit, and misleading statements and omissions prohibited in...
Section 37-25A-44 - False or misleading statements or omissions in proceedings or filings prohibited. - 37-25A-44. False or misleading statements or omissions in proceedings or...
Section 37-25A-45 - Filing and registration not constituting finding of truthfulness or approval--Contrary representations prohibited. - 37-25A-45. Filing and registration not constituting finding of truthfulness or...
Section 37-25A-46 - Advertising with misleading statements or omissions prohibited. - 37-25A-46. Advertising with misleading statements or omissions prohibited. No person...
Section 37-25A-47 - Violations as felonies--Separate offenses. - 37-25A-47. Violations as felonies--Separate offenses. Any person who willfully violates...
Section 37-25A-48 - Civil liability for registration violations. - 37-25A-48. Civil liability for registration violations. Any person who violates...
Section 37-25A-49 - Civil liability for representation violations. - 37-25A-49. Civil liability for representation violations. Any person who violates...
Section 37-25A-50 - Action on bond. - 37-25A-50. Action on bond. Any person who violates §§37-25A-14, 37-25A-43,...
Section 37-25A-51 - Liability of person aiding or controlling violator. - 37-25A-51. Liability of person aiding or controlling violator. Any person...
Section 37-25A-52 - Limitation of actions to enforce civil liability. - 37-25A-52. Limitation of actions to enforce civil liability. No action...
Section 37-25A-53 - Rights and remedies under chapter additional. - 37-25A-53. Rights and remedies under chapter additional. The rights and...
Section 37-25A-54 - Waiver of rights void. - 37-25A-54. Waiver of rights void. Any condition, stipulation or provision...
Section 37-25A-55 - Civil penalty. - 37-25A-55. Civil penalty. The director may impose a civil penalty...
Chapter 26 - Buying Clubs
Section 37-26-1 - Definition of terms. - 37-26-1. Definition of terms. Terms used throughout this chapter unless...
Section 37-26-2 - Fraudulent offer or sale of membership as felony. - 37-26-2. Fraudulent offer or sale of membership as felony. Any...
Section 37-26-3 - Bond required of buying club--Amount. - 37-26-3. Bond required of buying club--Amount. Every buying club shall...
Section 37-26-4 - Loss covered by bond--Filing and approval of bond--Action on bond. - 37-26-4. Loss covered by bond--Filing and approval of bond--Action on...
Section 37-26-5 - Liability of surety limited to amount of bond. - 37-26-5. Liability of surety limited to amount of bond. The...
Section 37-26-6 - Exemption from bond requirements of clubs not receiving prepayment--Declaration filed. - 37-26-6. Exemption from bond requirements of clubs not receiving prepayment--Declaration...
Section 37-26-7 - Violation of chapter as felony. - 37-26-7. Violation of chapter as felony. Any person who intentionally...
Section 37-26-8 - Punishment under other criminal laws not prevented by chapter. - 37-26-8. Punishment under other criminal laws not prevented by chapter....
Section 37-26-9 - Consumer protection avoidance period provisions applied. - 37-26-9. Consumer protection avoidance period provisions applied. Notwithstanding any other...
Section 37-26-10 - Civil action for damages from violation of chapter--Equitable relief. - 37-26-10. Civil action for damages from violation of chapter--Equitable relief....
Section 37-26-11 - Attorney general's action for injunctive relief--Recovery of penalty for state--Maximum amount--Receivership--Disposition of civil penalties. - 37-26-11. Attorney general's action for injunctive relief--Recovery of penalty for...
Chapter 28 - Foreign Trade Zones
Section 37-28-1 - Definitions. - 37-28-1. Definitions. Terms used in this chapter, unless the context...
Section 37-28-2 - Application to establish foreign trade zone. - 37-28-2. Application to establish foreign trade zone. Any public or...
Chapter 29 - Uniform Trade Secrets Act
Section 37-29-1 - Definitions. - 37-29-1. Definitions. Terms used in this chapter mean: (1)"Improper," includes...
Section 37-29-2 - Injunctive relief. - 37-29-2. Injunctive relief. (a) Actual or threatened misappropriation may be...
Section 37-29-3 - Damages. - 37-29-3. Damages. (a) Except to the extent that a material...
Section 37-29-4 - Attorney's fees. - 37-29-4. Attorney's fees. If (i) a claim of misappropriation is...
Section 37-29-5 - Preservation of secrecy. - 37-29-5. Preservation of secrecy. In an action under this chapter,...
Section 37-29-6 - Statute of limitations. - 37-29-6. Statute of limitations. An action for misappropriation must be...
Section 37-29-7 - Effect on other law. - 37-29-7. Effect on other law. (a) Except as provided in...
Section 37-29-8 - Uniformity of application and construction. - 37-29-8. Uniformity of application and construction. This chapter shall be...
Section 37-29-9 - Short title. - 37-29-9. Short title. This chapter may be cited as the...
Section 37-29-11 - Time of taking effect. - 37-29-11. Time of taking effect. This chapter takes effect on...
Chapter 30 - Telephone Solicitation
Section 37-30-1 - Definition of terms. - 37-30-1. Definition of terms. Terms used in this chapter mean:...
Section 37-30-2 - Sale of items associated with charity as solicitation--Includes offer or attempt to sell. - 37-30-2. Sale of items associated with charity as solicitation--Includes offer...
Section 37-30-3 - Solicitor to register with attorney general--Registration periods--Information to be provided by solicitor--Failure to register as misdemeanor. - 37-30-3. Solicitor to register with attorney general--Registration periods--Information to be...
Section 37-30-4 - Attorney general's approval of application required prior to solicitation--Period for review--Basis for denial of registration. - 37-30-4. Attorney general's approval of application required prior to solicitation--Period...
Section 37-30-5 - Applicant must file bond--Requirements as to bond--Failure to provide bond as misdemeanor. - 37-30-5. Applicant must file bond--Requirements as to bond--Failure to provide...
Section 37-30-6 - Solicitation notice--Form and contents--Failure to comply as misdemeanor. - 37-30-6. Solicitation notice--Form and contents--Failure to comply as misdemeanor. A...
Section 37-30-7 - Contract between solicitor and charitable organization--Requirements--Failure to comply as misdemeanor. - 37-30-7. Contract between solicitor and charitable organization--Requirements--Failure to comply as...
Section 37-30-8 - Solicitor required to have written consent before permitted to use name of charitable organization--Failure to comply as misdemeanor. - 37-30-8. Solicitor required to have written consent before permitted to...
Section 37-30-9 - Solicitor required to have written commitment where charitable organization agrees to accept donated tickets to an event--Failure to comply as misdemeanor. - 37-30-9. Solicitor required to have written commitment where charitable organization...
Section 37-30-10 - Employee of paid solicitor--Requirements. - 37-30-10. Employee of paid solicitor--Requirements. A paid solicitor shall require...
Section 37-30-11 - Solicitor required to file financial report--Time period--Form and contents--Failure to file reports as misdemeanor. - 37-30-11. Solicitor required to file financial report--Time period--Form and contents--Failure...
Section 37-30-12 - Solicitor required to maintain records--Time periods--Contents of records--Failure to keep records as misdemeanor. - 37-30-12. Solicitor required to maintain records--Time periods--Contents of records--Failure to...
Section 37-30-13 - Where solicitor sells tickets to an event--Record keeping requirements--Contents of records--Failure to comply as misdemeanor. - 37-30-13. Where solicitor sells tickets to an event--Record keeping requirements--Contents...
Section 37-30-14 - All funds to be deposited in bank account--Charitable organization to have sole or joint control--Failure to comply as misdemeanor. - 37-30-14. All funds to be deposited in bank account--Charitable organization...
Section 37-30-15 - Solicitor required to make written report as to material changes in filed information--Time requirements--Failure to comply as misdemeanor. - 37-30-15. Solicitor required to make written report as to material...
Section 37-30-16 - Prior conviction of felony or certain misdemeanors precludes operation as solicitor. - 37-30-16. Prior conviction of felony or certain misdemeanors precludes operation...
Section 37-30-17 - Misdemeanors involving knowing misrepresentations and false, misleading or unauthorized solicitation practices--Use of unregistered paid solicitor as misdemeanor. - 37-30-17. Misdemeanors involving knowing misrepresentations and false, misleading or unauthorized...
Section 37-30-18 - Investigate by attorney general--Powers. - 37-30-18. Investigate by attorney general--Powers. The attorney general may, upon...
Section 37-30-19 - Power of attorney general to compel testimony--Use of such testimony in criminal proceedings prohibited--Exceptions. - 37-30-19. Power of attorney general to compel testimony--Use of such...
Section 37-30-20 - Power of attorney general to deny, suspend or revoke registration of paid solicitor. - 37-30-20. Power of attorney general to deny, suspend or revoke...
Section 37-30-21 - Power of attorney general to bring action for injunction--Restraint of violations. - 37-30-21. Power of attorney general to bring action for injunction--Restraint...
Section 37-30-22 - Documents required to be filed--Status as public records--Exceptions. - 37-30-22. Documents required to be filed--Status as public records--Exceptions. Registration...
Section 37-30-23 - "Automatic telephone dialing system" defined. - 37-30-23."Automatic telephone dialing system" defined. For the purposes of §§37-30-23...
Section 37-30-24 - "Telephone solicitation" defined. - 37-30-24."Telephone solicitation" defined. For the purposes of §§37-30-23 to 37-30-29,...
Section 37-30-25 - Registration as to intended use of automatic telephone dialing system--Failure to comply as misdemeanor. - 37-30-25. Registration as to intended use of automatic telephone dialing...