Full text of Utah Utah Code § 4-3-402 — Processors, manufacturers, or distributors -- Unlawful to give money, equipment, or fixtures to retailer or consumer -- Exceptions -- Shelf space for dairy products., with citation guidance and answers to common questions.
§ 4-3-402. Processors, manufacturers, or distributors -- Unlawful to give money, equipment, or fixtures to retailer or consumer -- Exceptions -- Shelf space for dairy products.
Effective 7/1/2017
4-3-402.
Processors, manufacturers, or distributors -- Unlawful to give money, equipment, or fixtures to retailer or consumer -- Exceptions -- Shelf space for dairy products.
| (1) |
As used in this section:
| (a) |
"liquid dairy product" means a milk container which contains a pint of milk or less; and |
| (b) |
"novelty ice cream" means a package or container of ice cream which contains eight fluid ounces or less. |
|
| (2) |
Except as provided in Subsections (3) and (4), no processor, manufacturer, distributor, or his affiliates, subsidiaries, associates, agents or stockholders shall furnish, service, repair, give, lease, sell, or loan to a retailer or consumer any:
| (c) |
fixtures, including ice cream cabinets or bulk milk dispensers; |
| (d) |
supplies, excluding expendable supplies commonly provided in connection with the sale of dairy products to a consumer; or |
| (e) |
other things having a real or substantial value. |
|
| (3) |
| (a) |
Ice cream cabinets may be loaned or sold to a retailer if the ice cream cabinet:
| (ii) |
has a storage capacity not exceeding 12 cubic feet; and |
| (iii) |
is used solely for retail display sales of novelty ice cream. |
|
| (b) |
Milk coolers may be loaned or sold to a retailer if the milk cooler:
| (ii) |
has a storage capacity not exceeding 12 cubic feet; and |
| (iii) |
is used solely for retail display sales of liquid dairy products. |
|
|
| (4) |
The leasing or renting of cabinets, dispensers, or coolers for dairy products for civic affairs, demonstrations, or exhibits is prohibited unless it is for a period of 10 days or less in any one period of three consecutive months. |
| (5) |
| (a) |
Except as provided in Subsections (5)(b) and (5)(c), no retailer shall lease, sell, or loan shelf or refrigerator space for dairy products to a processor, manufacturer, or distributor or receive anything of value from a processor, manufacturer, or distributor in exchange for shelf or refrigerator space for dairy products. |
| (b) |
Subsection (5)(a) does not apply to a dairy by-product that is:
| (i) |
a short-term special; or |
| (ii) |
a new product being introduced on a trial basis for a period not to exceed 45 days. |
|
| (c) |
A processor, manufacturer, or distributor may loan or sell an ice cream cabinet or milk cooler to a retailer for the display of the processor's, manufacturer's, or distributor's products, if the ice cream cabinet or milk cooler meets the requirements of Subsection (3). |
|
Renumbered and Amended by Chapter
345, 2017 General Session
Frequently Asked Questions About Utah § 4-3-402
What does Utah Code § 4-3-402 cover?
Section 4-3-402 ("Processors, manufacturers, or distributors -- Unlawful to give money, equipment, or fixtures to retailer or consumer -- Exceptions -- Shelf space for dairy products.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 4-3-402?
A common citation format is "Utah Code § 4-3-402" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 4-3-402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
