WEST virginia Legislature
2016 regular session
Introduced
House Bill 4264
By Delegates Skinner, Householder, Blair, Cowles, Overington, Marcum, Folk and Faircloth
[Introduced January 25, 2016; referred to the committee on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact §47-11A-8 of the Code of West Virginia, 1931, as amended, relating to unfair trade practices; and adding motor fuel to the list of products exempted from unfair trade practices.
Be it enacted by the Legislature of West Virginia:
That §47-11A-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 11A. UNFAIR TRADE PRACTICES.
§47-11A-8. Sales exempt.
The provisions of this
article shall do not apply to any sale made:
(a) In closing out in good
faith the owner's stock or any part thereof of his or her stock,
for the purpose of discontinuing his or her trade in any such stock or
commodity, and in the case of the sale of seasonal goods or to the bona fide
sale of perishable goods to prevent loss to the vendor by spoilage or
depreciation;
(b) When the goods are
damaged or deteriorated in quality or where merchandise is sold in bona fide
clearance sales, and, in each case, merchandise is advertised, marked and sold
as such;
(c) By an officer acting under the orders of any court;
(d) In an endeavor in good
faith to meet the legal prices of a competitor as herein defined in
this article selling the same article product or item of
merchandise, in the same locality or trade area;
(e) For charitable purposes or to relief agencies;
(f) Where merchandise is sold on contract to departments of the government or governmental institutions;
(g) By a wholesaler, distributor or retailer for all sales of motor fuel, as defined in section two, article fourteen-c, chapter eleven of this code.
NOTE: The purpose of this bill is to add sales of motor fuel to the list of products exempted from unfair trade practices.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.