Ark. Code Ann. » Title 4 Chapter 75
Arkansas Code Annotated

Ark. Code Ann. § 4-75-703 (2020)

Sales excepted from subchapter

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. This subchapter does not apply to a sale at wholesale or a sale at retail made:
    1. In an isolated transaction and not in the usual course of business;
    2. Where cigarettes are advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in the cigarettes, and the advertising, offer to sell, or sale shall state the reason for the sale and the quantity of the cigarettes advertised, offered for sale, or to be sold;
    3. Where cigarettes are advertised, offered for sale, or sold as imperfect or damaged, and the advertising, offer to sell, or sale shall state the reason for the sale and the quantity of the cigarettes advertised, offered for sale, or to be sold;
    4. Where cigarettes are sold upon the final liquidation of a business; or
    5. Where cigarettes are advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court.
  2. For sales that are exempt under subsection (a) of this section, the seller shall:
    1. Notify Arkansas Tobacco Control of the sale at least one (1) business day before the sale occurs; and
    2. For sales that are below cost, submit the information required by the Director of Arkansas Tobacco Control on the form prescribed by the director.

History. Acts 1951, No. 101, § 6; A.S.A. 1947, § 70-606; Acts 2019, No. 1071, § 1.

Amendments. The 2019 amendment added the designation (a); substituted “does” for “shall” in the introductory language of (a); added (b); and made stylistic changes.

Case Notes

Cited: McLane Co. v. Weiss, 332 Ark. 284, 965 S.W.2d 109 (1998).

Notes of Decisions
Cited in 2 cases, 1998–2006 · leading case: McLane S., Inc. v. Davis, 233 S.W.3d 674 (Ark. 2006).
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McLane S., Inc. v. Davis, 233 S.W.3d 674 (Ark. 2006). · cites it 3× “First, the exceptions found in Ark. Code Ann. § 4-75-703 apply to rebates as well as to sales below cost.”
McLane Co. v. Weiss, 965 S.W.2d 109 (Ark. 1998). “See § 4-75-703(1) — (5). In addition, § 4-75-704 exempts sales below cost made to meet a competitor’s prices.”
Ark. Code Ann. § 4-75-703(1): 1 case
McLane Co. v. Weiss, 965 S.W.2d 109 (Ark. 1998). “See § 4-75-703(1) — (5). In addition, § 4-75-704 exempts sales below cost made to meet a competitor’s prices.”
Ark. Code Ann. § 4-75-703(l): 1 case
McLane S., Inc. v. Davis, 233 S.W.3d 674 (Ark. 2006). “First, the exceptions found in Ark. Code Ann. § 4-75-703 apply to rebates as well as to sales below cost.”
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