A. The provisions of this act shall not apply to sales otherwise prohibited by subsections B and C of Section 4 of this act when disaster relief materials are:
1. Sold to relief agencies or for charitable purposes;
2. Sold on contract to departments of the government or governmental institutions;
3. Sold in bona fide clearance sales, if advertised, marked, and sold as such;
4. Imperfect or damaged or are being discontinued and are advertised, marked and sold as such;
5. Sold upon the final liquidation of any business;
6. Sold by any officer acting under the order or direction of any court; or
7. Sold at any bona fide auction sale.
B. A retailer or wholesaler shall not be found to have sold or advertised at less than cost if the materials sold are at a price made in good faith to meet the price of a competitor who is selling the same article or products of comparable quality at cost as a wholesaler or retailer.
C. The price of disaster relief materials advertised, offered for sale, or sold under the exemptions specified in Section 3 of this act, shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankrupt sale be considered the price of a competitor.
Added by Laws 2013, c. 400, § 6, eff. Nov. 1, 2013.
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