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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MURT, BOYD, V. BROWN, DONATUCCI, GIBBONS, GINGRICH, GODSHALL, MANN, MILLARD, MOUL, M. O'BRIEN, REICHLEY AND SWANGER, MAY 10, 2011 |
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| REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MAY 10, 2011 |
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| AN ACT |
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1 | Amending the act of August 11, 1941 (P.L.900, No.344), entitled |
2 | "An act defining and prohibiting unfair sales, providing |
3 | remedies for violations thereof, and establishing penalties |
4 | therefor," further providing for nonapplicability. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 6 of the act of August 11, 1941 (P.L.900, |
8 | No.344), known as the Unfair Sales Act, is amended to read: |
9 | Section 6. The provisions of this act shall not apply to |
10 | sales at retail or sales at wholesale: (a) where merchandise is |
11 | sold in bona fide clearance sales, if advertised, marked and |
12 | sold as such; (b) where perishable merchandise must be sold |
13 | promptly in order to forestall loss; (c) where merchandise is |
14 | imperfect or damaged or is being discontinued and is advertised, |
15 | marked and sold as such; (d) where merchandise is sold upon the |
16 | final liquidation of any business; (e) where merchandise is sold |
17 | for charitable purposes or to relief agencies; (f) where |
18 | merchandise is sold on contract to departments of the government |
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1 | or governmental institutions; (g) when the price of merchandise |
2 | is made in good faith to meet competition; (h) where merchandise |
3 | is sold by any officer acting under the order or direction of |
4 | any court; (i) where tools, equipment and materials used by |
5 | employes in their trade or business or appliances and products |
6 | which are used therein and are or may be beneficial to the |
7 | safety, health and working conditions of such employes are sold |
8 | to employes of the seller[.]; or (j) where the merchandise is a |
9 | prescription or nonprescription drug. |
10 | Section 2. This act shall take effect immediately. |
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