The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07
CHApTEP 1Qo01

CHAPTER 1901
AN ACT to Protect Good Will Rep
resented by Trade Marks. Names or
Brands. Against Injury by AuthoriZ-
ing Contracts Establishing Resale
Prices on Commodities Bearing them
and Defining as Unfair Competition
and Making Actionable Knowingly
and Wilfully to Advertise and Sell
Such Commodities at Less than the
Prices Established in the Contracts
Authorized by This Act. Whether So
Advertising and Selling is or is not
a Party to Such Contract.
Be 1t Enacted by the Legislature of
the State of Florida:
Sec. 1. The following terms. as
used in this Act. are hereby de-
fined as follows:
(a) Commodity" means any SUBJ
iect of commerce.
(b) Producer means any
grower. baker, maker, manufactur-
err bother, packer, converter, pro-
cessor or publisher
(c) Wholesaler" means any per-
son selling a commodity other than a
producer or retailer
cd Retailer" means any person
selling a commodity to consumers
for use.
(e) Person means an individual,
a corporation partnership, an asSo-
citation. a joint-stock company. a
business trust or any unincorporated
organization.
Sec. 2. No contract relating to the
sale or resale of commodity which
baerS, or the label or container of
which bears, the trademark, brand,
or name of the producer or distrib-
utor of such commodity and which
commodity is in free and open COM
petition with commodities of the
IL i
tributed by other shall be deemed in
violation of any law of the State of
Florida by reason of any of the fol-
lowing provisions which may be con-
tanned in such contract:
(a) That the buyer will not resell
such commodity at less than the
minimum price stipulated by the
seller.
CD That the buyer will require of
any dealer to whom he may resell
such commodity an agreement that
he will not. in turn. resell at less
than the minimum price stipulated
by the seller.
(c) That the seller will not sell
such commodity:
Cd To any wholesaler, unless such
wholesaler will agree not to resell
the same to any retailer unless the
retailer will in turn agree not to sell
use and at not less than the stipu-
lated minimum price, and such
wholesaler will likewise agree not to
resell the same to any other whole
saler unless such other wholesaler
will make the same agreement with
any wholesaler or retailer to whom
he NAV resell: or
% To any retailer unless the re-
taller will agree not to resell the
QXnQnf
and at not less than the stipulated
minimum price.
Sec. 3. For the purpose of pre-
venting evasion of the resale price
restrictions imposed in respect of any
commodity by any contract entered
into pursuant to the provisions of
this Act Except to the extent au-
thorized by the said contracD:
(a) The offering or giving of any
article of value in connection with
the sale of such commodity;
CD The offering or the making of
any concession of any kind whatso-
ever whether by the giving of cou-
pons or otherwise) in connection
with any such sale; or (c) The sale
modify in combination with any
other commodity. shall be deemed
a violation of such resale price re-
striction. for which the remedies
prescribed by Section of this Act
shall be available.
Sec. 4. No minimum resale price
shall be established for any commod-
ity. under any contract entered into
pursuant to the provisions of this
Act. by any person other than the
owner of the trademark, brand or
name used in connection with such
commodity or a distributor specific
ally authorized to establish said
price by the owner of such trade
mark. brand or name.
Sec. 5. No contract containing any
of the provisions enumerated in Sec
ton 2 of this Act shall be deemed
to preclude the resale of any COM
modify covered thereby without ref
erence to such contract in the fol-
lowing cases:
(aD In closing out the owners
stock for the bona fide purpose of
disseminating dealing in any such
commodity and when plain notice
of the fact is given to the public
provided the owner of such stock
shall give to the producer or distrib-
utor of such commodity prompt and
reasonable notice in writing of his
intention to close out said stock, and
an opportunity to purchase such
stock at the original invoice price;
CD When the goods are altered,
secondhand. damaged, defaced or
deteriorated and plain notice of the
vertisement and sale thereof, such
notice to be conspiciously displayed
in all advertisements and to be af-
fixed to the commodity;
(c) By any officer acting under an
order of court.
Sec. 6. Wilfully and knowingly
advertising. offering for sale or sell
ing any commodity at less than the
price stipulated in any contract en-
of this Act. whether the person sc
advertising. offering for sale or SELL
ing is or is not party to such con-
tract. and whether the particular LOT
OF such commodity so advertised,
offered for sale or sold was or was
not at any time sold to a party to
a contract that stipulated the price
OF such commodity under the provis-
ions OF this Act is unfair competition
and is actionable at the suit of any
person damaged thereby.
Sec. z. This Act shall not apply
to any contract or agreement sbe-
tween or among producers or dis
trlbutors or Except as provided in
subsection (c) of Section 2 of this
Actl between or among wholesalers,
or between or among retailers, as
to sale or resale prices.
Sec. 8. II any provisions of this
Act. or the application thereof to any
person or the application, is held in
valid. the remainder of the Act. and
the application of such provisions to
other persons or circumstances. shall
not be affected thereby.
Sec. 8. All laws or parts of laws
inconsistent herewith are hereby re-
pealed to the extent of such incon-
pealed to the extent of such incon-
sistency.
Sec. 10. This Act may be known
and cited as the Florida Fair Trade
Act"
Sec. II. This Act shall take effect