reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.43 — Definitions.

325D.43 DEFINITIONS.
Subdivision 1.
Scope.
As used in sections 325D.43 to 325D.48, unless the context otherwise requires, the terms defined in this section have the meanings ascribed to them.
Subd. 2.
Article.
"Article" means a product as distinguished from its trademark, label, or distinctive dress in packaging.
Subd. 3.
Certification mark.
"Certification mark" means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization.
Subd. 4.
Collective mark.
"Collective mark" means a mark used by members of a cooperative, association, or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization.
Subd. 5.
Mark.
"Mark" means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement.
Subd. 6.
Service mark.
"Service mark" means a mark used by a person to identify services and to distinguish them from the services of others.
Subd. 7.
Trademark.
"Trademark" means a mark used by a person to identify goods and to distinguish them from the goods of others.
Subd. 8.
Trade name.
"Trade name" means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement used by a person to identify the person's business, vocation, or occupation and distinguish it from the business, vocation, or occupation of others.
History:
1973 c 216 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.44 — Deceptive Trade Practices.

325D.44 DECEPTIVE TRADE PRACTICES.
Subdivision 1.
Acts constituting.
A person engages in a deceptive trade practice when, in the course of business, vocation, or occupation, the person:
(1) passes off goods or services as those of another;
(2) causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;
(3) causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another;
(4) uses deceptive representations or designations of geographic origin in connection with goods or services;
(5) represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that the person does not have;
(6) represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand;
(7) represents that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;
(8) disparages the goods, services, or business of another by false or misleading representation of fact;
(9) advertises goods or services with intent not to sell them as advertised;
(10) advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
(11) makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
(12) in attempting to collect delinquent accounts, implies or suggests that health care services will be withheld in an emergency situation;
(13) engages in (i) unfair methods of competition, or (ii) unfair or unconscionable acts or practices; or
(14) engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding.
Subd. 2.
Proof.
(a) In order to prevail in an action under sections 325D.43 to 325D.48, a complainant need not prove competition between the parties or actual confusion or misunderstanding.
(b) For purposes of subdivision 1, clause (13), the standard of proof provided under section 325F.69, subdivision 8, applies.
Subd. 3.
Other law.
This section does not affect unfair, deceptive, or misleading trade practices otherwise actionable at common law or under other statutes of this state.
History:
1973 c 216 s 2; 1986 c 444; 1988 c 592 s 11; 2023 c 57 art 4 s 6,7
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.45 — Remedies.

325D.45 REMEDIES.
Subdivision 1.
Injunctive relief.
A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits, or intent to deceive is not required. Relief granted for the copying of an article shall be limited to the prevention of confusion or misunderstanding as to source.
Subd. 2.
Costs and attorney fees.
Costs shall be allowed to the prevailing party unless the court otherwise directs. The court may award attorneys' fees to the prevailing party if (1) the party complaining of a deceptive trade practice has brought an action knowing it to be groundless, or (2) the party charged with a deceptive trade practice has willfully engaged in the trade practice knowing it to be deceptive.
Subd. 3.
Remedies cumulative.
The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this state.
History:
1973 c 216 s 3; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.47 — Uniformity Of Application And Construction.

325D.47 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Sections 325D.43 to 325D.48 shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of sections 325D.43 to 325D.48 among those states which enact it.
History:
1973 c 216 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.48 — Citation.

325D.48 CITATION.
Sections 325D.43 to 325D.48 may be cited as the "Uniform Deceptive Trade Practices Act."
History:
1973 c 216 s 6
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.49 — Citation.

325D.49 CITATION.
Sections 325D.49 to 325D.66 may be cited as the "Minnesota Antitrust Law of 1971."
History:
1971 c 865 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.50 — Definitions.

325D.50 DEFINITIONS.
Subdivision 1.
Scope.
Unless a different meaning is clearly indicated by the context, for the purposes of sections 325D.49 to 325D.66, the terms defined in this section have the meanings ascribed to them.
Subd. 2.
Commodity.
"Commodity" means any goods, merchandise, wares, produce, chose in action, land, article of commerce, or any other tangible or intangible property, real, personal, or mixed, for use, consumption, enjoyment, or resale.
Subd. 3.
Service.
"Service" means any kind of activity performed in whole or in part for financial gain.
Subd. 4.
Contract, combination, or conspiracy.
"Contract, combination, or conspiracy" means any agreement, arrangement, collusion, or understanding. "Contract" includes a purchase, a contract to purchase, a sale, a contract to sell, a lease, a contract to lease, a license, or a contract to license. "Combination" includes a trust, common selling or purchasing agent, pool, or holding company.
Subd. 5.
Person.
"Person" means any individual, corporation, firm, partnership, incorporated and unincorporated association, or any other legal or commercial entity.
Subd. 6.
Trade or commerce.
"Trade or commerce" means any economic activity of any type whatsoever involving any commodity or service whatsoever.
History:
1971 c 865 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.51 — Unreasonable Restraint Of Trade Or Commerce.

325D.51 UNREASONABLE RESTRAINT OF TRADE OR COMMERCE.
A contract, combination, or conspiracy between two or more persons in unreasonable restraint of trade or commerce is unlawful.
History:
1971 c 865 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.52 — Establishment, Maintenance, Or Use Of Monopoly Power.

325D.52 ESTABLISHMENT, MAINTENANCE, OR USE OF MONOPOLY POWER.
The establishment, maintenance, or use of, or any attempt to establish, maintain, or use monopoly power over any part of trade or commerce by any person or persons for the purpose of affecting competition or controlling, fixing, or maintaining prices is unlawful.
History:
1971 c 865 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.54 — Scope Of Act.

325D.54 SCOPE OF ACT.
Sections 325D.49 to 325D.66 apply to:
(a) any contract, combination, or conspiracy when any part thereof was created, formed, or entered into in this state; and
(b) any contract, combination, or conspiracy, wherever created, formed, or entered into; any establishment, maintenance, or use of monopoly power; and any attempt to establish, maintain, or use monopoly power; whenever any of the foregoing affects the trade or commerce of this state.
History:
1971 c 865 s 6
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.55 — Exemptions.

325D.55 EXEMPTIONS.
Subdivision 1.
Labor, electrical, agricultural, or horticultural organizations.
Nothing contained in sections 325D.49 to 325D.66, shall be construed to forbid the existence or operation of labor, electrical, agricultural, or horticultural organizations, including organizations that operate aquatic farms, as defined in section 17.47, subdivision 3, that are instituted for the purpose of mutual help, and not conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint of trade under the provisions of sections 325D.49 to 325D.66, when lawfully carrying out the legitimate objects hereof.
Subd. 2.
Government permitted or regulated actions or arrangements.
(a) Nothing contained in sections 325D.49 to 325D.66, shall apply to actions or arrangements otherwise permitted, or regulated by any regulatory body or officer acting under statutory authority of this state or the United States.
(b) Paragraph (a) includes programs established and operated by nonprofit organizations under the supervision of the supreme court that provide legal services to low-income persons at reduced fees based on a fee structure approved by the supreme court. The nonprofit organization shall submit a proposed fee structure, including hourly rates, to the supreme court at least once each calendar year. The supreme court may approve the proposed fee structure or establish another fee structure.
Subd. 3.
Collective bargaining agreements.
Nothing in sections 325D.49 to 325D.66, shall apply to agreements among employers or agreements among labor unions made for the purpose of furthering the position of any of the agreeing employers or agreeing unions in the course of the collective bargaining process.
History:
1971 c 865 s 7; 1994 c 568 s 1; 2008 c 368 art 1 s 16
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.56 — Penalties For Violation.

325D.56 PENALTIES FOR VIOLATION.
Subdivision 1.
Civil penalties.
Any person who is found to have violated sections 325D.49 to 325D.66, shall be subject to a civil penalty of not more than $50,000. Any person who fails to comply with a final judgment or decree rendered by a court of this state issued for a violation of sections 325D.49 to 325D.66, shall be subject to a civil penalty of not more than $100,000.
Subd. 2.
Criminal penalty.
Any person who is found to have willfully committed any of the acts enumerated in section 325D.53 shall be guilty of a felony and subject to a fine of not more than $50,000 or imprisonment in the state penitentiary for not more than seven years, or both.
History:
1971 c 865 s 8; 1977 c 173 s 2; 1989 c 290 art 6 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.57 — Damages.

325D.57 DAMAGES.
Any person, any governmental body, or the state of Minnesota or any of its subdivisions or agencies, injured directly or indirectly by a violation of sections 325D.49 to 325D.66, shall recover three times the actual damages sustained, together with costs and disbursements, including reasonable attorneys' fees. In any subsequent action arising from the same conduct, the court may take any steps necessary to avoid duplicative recovery against a defendant.
History:
1971 c 865 s 9; 1984 c 458 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.58 — Injunctive Relief.

325D.58 INJUNCTIVE RELIEF.
In addition to other remedies provided by sections 325D.49 to 325D.66, the courts of this state shall have jurisdiction to grant such temporary, interlocutory, or permanent injunctive relief as is necessary to prevent and restrain violations of sections 325D.49 to 325D.66. Applications for such relief shall be made in accordance with the rules of the court to which application for relief is made and according to the manner prescribed by law.
History:
1971 c 865 s 10
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.59 — Authority Of The Attorney General.

325D.59 AUTHORITY OF THE ATTORNEY GENERAL.
The attorney general may investigate any alleged violation of sections 325D.49 to 325D.66 and, having reasonable cause to believe that a violation is imminent, is occurring or has occurred, the attorney general may institute on behalf of the state of Minnesota, any of its departments and agencies, or any of its political subdivisions a court action seeking appropriate relief. The investigatory authority of the attorney general under sections 325D.49 to 325D.66 shall include, but not be limited to, the authority provided for in section 8.31.
History:
1971 c 865 s 11; 1974 c 524 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.60 — Forfeiture Of Charter Rights And Privilege To Do Business.

325D.60 FORFEITURE OF CHARTER RIGHTS AND PRIVILEGE TO DO BUSINESS.
Subdivision 1.
Attorney general's powers.
Upon the failure of any person to comply with the terms of a final judgment or decree rendered by a court of this state issued for a violation of the provisions of sections 325D.49 to 325D.66, or to comply with a consent settlement approved by a court of this state concerning an alleged violation of sections 325D.49 to 325D.66, the attorney general may apply to the court:
(a) for the forfeiture of any charter rights, franchise privileges or powers of such corporation held by such person under the laws of this state;
(b) for dissolution, if the person is a corporation or limited partnership organized under the laws of this state; or
(c) for the suspension of the privilege to conduct business within this state.
The court, after giving due consideration to the public interest and to relevant competitive and economic circumstances, may grant so much of the requested relief as is deemed appropriate. A dissolution shall be conducted in accordance with the procedures specified by law for either voluntary or judicial dissolution of the particular type of corporation, association, firm or partnership.
Subd. 2.
Application to assignee, transferee, or successor.
If any corporation, association, partnership, or limited partnership shall be dissolved or have its privilege to transact business in this state suspended or revoked as provided in subdivision 1, no assignee, transferee, or successor-in-interest of such corporation, association, partnership, or limited partnership, shall be permitted to incorporate or to transact business in this state without first applying to the court for and receiving an order permitting incorporation or transaction of business. No order shall be granted unless the applicant proves to the satisfaction of the court that it will conduct its affairs in accordance with the provisions of sections 325D.49 to 325D.66.
History:
1971 c 865 s 12
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.61 — Acts Of Officers, Directors, Representatives, Or Agents Acting Within Scope Of Authority.

325D.61 ACTS OF OFFICERS, DIRECTORS, REPRESENTATIVES, OR AGENTS ACTING WITHIN SCOPE OF AUTHORITY.
Subdivision 1.
Imputed liability of business entity.
A corporation, association, firm, partnership, or limited partnership is liable for the acts of its officers, directors, representatives, or agents acting within the scope of their authority, whether they are acting on their own behalf and for their own benefit, or acting for the corporation, association, firm, partnership, or limited partnership in their representative capacity. Proof of the acts of any such officer, director, representative, or agent shall be received as prima facie proof of the acts of the corporation, association, firm, partnership, or limited partnership itself.
Subd. 2.
Business entity violations as violations of individuals.
When a corporation, association, firm, partnership, or limited partnership violates sections 325D.49 to 325D.66, such violation shall be deemed to be that of the individual directors, members, officers, managers, employees, or agents of the corporation, association, firm, partnership, or limited partnership who knowingly authorized, ordered, aided, abetted, or advised in the commission of any of the acts constituting in whole or in part the violation, whether the individuals acted on their own behalf and for their own benefit, or for the corporation, association, firm, partnership, or limited partnership and in their representative capacity.
The individuals, in their capacity as individuals, are subject to the provisions of sections 325D.49 to 325D.66, and may be joined, if subject to personal jurisdiction, as additional parties defendant in the proceedings against the corporation, association, firm, partnership, or limited partnership.
History:
1971 c 865 s 13
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.62 — Judgment In Favor Of State As Prima Facie Evidence.

325D.62 JUDGMENT IN FAVOR OF STATE AS PRIMA FACIE EVIDENCE.
A final judgment or decree rendered in any civil or criminal proceeding under sections 325D.49 to 325D.66 brought by or on behalf of the state of Minnesota, any of its departments or agencies, or any of its political subdivisions, to the effect that a defendant has violated sections 325D.49 to 325D.66, shall be prima facie evidence against such defendant in any action or proceeding brought by any other party against such defendant under said sections as to all matters respecting which said judgment or decree would be an estoppel as between the parties thereto: Provided, that this section shall not apply to consent judgments or decrees entered before any testimony has been taken.
History:
1971 c 865 s 14
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.63 — Notification Of Civil Action.

325D.63 NOTIFICATION OF CIVIL ACTION.
Upon commencement of any civil action by a person, other than the attorney general, for violation of sections 325D.49 to 325D.66, the court administrator shall mail a copy of the complaint to the attorney general.
History:
1971 c 865 s 15; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.64 — Statute Of Limitations.

325D.64 STATUTE OF LIMITATIONS.
Subdivision 1.
Interpretation and effect.
An action under sections 325D.49 to 325D.66, shall be forever barred unless commenced within four years of the date upon which the cause of action arose. No cause of action barred under existing law on June 8, 1971 shall be revived by sections 325D.49 to 325D.66. For the purpose of this section, a cause of action for a continuing violation is deemed to arise at any time during the period of the violation.
Subd. 2.
Government actions; suspension.
If any proceeding is commenced under sections 325D.49 to 325D.66, by the attorney general on behalf of the state of Minnesota, its departments or agencies, or its political subdivisions, the running of the statute of limitations in respect of every right of action arising under sections 325D.49 to 325D.66, and based in whole or in part on any matter complained of in the aforementioned proceeding shall be suspended during the pendency thereof and for one year thereafter. If the running of the statute of limitations is suspended, the action shall be forever barred unless commenced within the greater of either the period of suspension or four years after the date upon which the cause of action arose.
History:
1971 c 865 s 16
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.65 — Venue.

325D.65 VENUE.
Actions or proceedings brought by the state or any private party for violations of the provisions of sections 325D.49 to 325D.66, may be brought in the district court in and for the county where the offense or any part thereof is committed, or where any of the defendants reside or is found, or where any agent of any defendant resides or is found, or where any defendant, corporation, association, firm, partnership, or limited partnership does business.
History:
1971 c 865 s 17
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.66 — Action Not Barred As Affecting Or Involving Interstate Or Foreign Commerce.

325D.66 ACTION NOT BARRED AS AFFECTING OR INVOLVING INTERSTATE OR FOREIGN COMMERCE.
No action under sections 325D.49 to 325D.66 shall be barred on the ground that the activity or conduct complained of in any way affects or involves interstate or foreign commerce.
History:
1971 c 865 s 18
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.68 — Monopolization Of Food Products.

325D.68 MONOPOLIZATION OF FOOD PRODUCTS.
Subdivision 1.
Declared a criminal conspiracy.
Any combination of persons, either as individuals or as members or officials of any corporation, to monopolize the markets for food products in this state or to interfere with or restrict the freedom of such markets, is hereby declared to be a criminal conspiracy.
Subd. 2.
Penalty.
Any person found guilty of violating any provision of this section shall be punished by a fine of not less than $50 nor more than $100 or by imprisonment in the county jail for a period not to exceed 90 days.
History:
(10485, 10486) 1917 c 381 s 1,2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325D — Restraint Of Trade › Section 325D.71 — Unlawful Gasoline Sales.

325D.71 UNLAWFUL GASOLINE SALES.
(a) Any offer for sale of gasoline by a retailer by way of posted price or indicating meter that is below cost, as defined by section 325D.01, subdivision 5, clause (3), is a violation of section 325D.04, except that the criminal penalties in section 325D.071 do not apply. In addition to the penalties for violations and the remedies provided for injured parties set forth elsewhere in this chapter, the commissioner of commerce may use the authority under section 45.027 for the purpose of preventing violations of this section. A retailer who sells gasoline at the same or higher legally posted price of a competitor in the same market area, on the same day, is not in violation of this section.
(b) A retailer who offers gasoline for sale at a price below cost as part of a promotion at an individual location for no more than three days in any calendar quarter is not in violation of this section.
(c) A retailer who offers gasoline for sale at a price below cost through the use of coupons, loyalty programs, membership-based pricing programs, or promotions or programs of similar import is not in violation of this section.
History:
2001 c 129 s 4; 2023 c 57 art 4 s 8
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.01 — Delivery Tickets To Accompany Each Fuel Delivery.

325E.01 DELIVERY TICKETS TO ACCOMPANY EACH FUEL DELIVERY.
No person, firm, or corporation shall deliver any domestic heating fuel without such delivery being accompanied by a delivery ticket, on which shall be distinctly expressed in pounds, the gross weight of the load, the tare of the delivery vehicle, the net quantity or quantities of fuel contained in the cart, wagon, vehicle or compartment thereof, bag, sack or container used in such deliveries when sold by weight; or the number of gallons or cubic feet that is being delivered when sold by measure, with the name of the purchaser thereof and the name of the dealer from whom purchased. The delivery ticket shall also clearly state the name, type, kind and grade of fuel being delivered. When the buyer carries away the purchase, a delivery ticket showing the actual amount delivered to the purchaser must be given to the purchaser at the time the sale is made.
Sales of wood for fuel direct from producer to consumer shall be exempt from the provisions of this section. This section shall not apply to deliveries in quantities of ten gallons or less.
Whoever violates any provision of this section is guilty of a misdemeanor.
History:
1943 c 328
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.02 — Customer Deposits.

325E.02 CUSTOMER DEPOSITS.
Any customer deposit required before commencement of service by a privately or publicly owned water, gas, telephone, cable television, electric light, heat, or power company shall be subject to the following:
(a) Upon termination of service with all bills paid, the deposit shall be returned to the customer within 45 days, less any deductions made in accordance with paragraph (c).
(b) Interest shall be paid on deposits in excess of $20. The rate of interest must be set annually and be equal to the weekly average yield of one-year United States Treasury securities adjusted for constant maturity for the last full week in November. The interest rate must be rounded to the nearest tenth of one percent. By December 15 of each year, the commissioner of commerce shall announce the rate of interest that must be paid on all deposits held during all or part of the subsequent year. The company may, at its option, pay the interest at intervals it chooses but at least annually, by direct payment, or as a credit on bills.
(c) At the time the deposit is made the company shall furnish the customer with a written receipt specifying the conditions, if any, the deposit will be diminished upon return.
(d) Advance payments or prepayments shall not be construed as being a deposit.
History:
1974 c 424 s 1; 1997 c 121 s 1; 2004 c 261 art 2 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.021 — Utility Delinquency Charges.

325E.021 UTILITY DELINQUENCY CHARGES.
A public utility as defined by section 216B.02, a municipality or cooperative electric association, or telephone company as defined by section 237.01 shall, if that utility adopts a policy of imposing a charge or fee upon delinquent residential and farm accounts, provide that each billing shall clearly state the terms and conditions of any penalty in the form of the monthly percentage rate.
History:
1980 c 579 s 31
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.025 — Landlords And Tenants; Utility Bills.

325E.025 LANDLORDS AND TENANTS; UTILITY BILLS.
Subdivision 1.
Definitions.
For purposes of this section, "utility" means persons, corporations, or other legal entities, their lessees, trustees, and receivers, now or hereafter operating, maintaining, or controlling in this state equipment or facilities for furnishing at retail natural, manufactured, or mixed gas or electric service to or for the public or engaged in its production and retail sale. The term "utility" includes municipalities and cooperative electric associations, organized under the provisions of chapter 308A, producing or furnishing natural, manufactured, or mixed gas or electric service. This section is not applicable to the sale of natural, manufactured, or mixed gas or electricity by a public utility to another public utility for resale.
"Customer" means any person, firm, association, or corporation, or any agency of the federal, state, or local government being supplied with service by a utility.
Subd. 2.
Payment responsibility for utility service.
A utility shall not: (1) recover or attempt to recover payment for a tenant's outstanding bill or charge from a landlord, property owner or manager, or manufactured home park owner, as defined in section 327C.015, or manufactured home dealer, as defined in section 327B.01, who has not contracted for the service; (2) condition service on payment of an outstanding bill or other charge for utility service due upon the outstanding account of a previous customer or customers when all of the previous customers have vacated the property; or (3) place a lien on the landlord's or owner's property for a tenant's outstanding bill or charge whether created by local ordinance or otherwise. A utility may recover or attempt to recover payment for a tenant's outstanding bill or charge from a property owner where the manager, acting as the owner's agent, contracted for the utility service.
History:
1985 c 135 s 1; 1986 c 473 s 9; 1989 c 356 s 15; 2022 c 55 art 2 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.026 — Unauthorized Use Of Utility Meters.

325E.026 UNAUTHORIZED USE OF UTILITY METERS.
Subdivision 1.
Definitions.
When used in this section, the terms defined in section 216B.02 have the same meanings. Other terms used in this section have the following meanings:
(a) "Bypassing" means the act of attaching, connecting, or otherwise affixing a wire, cord, socket, pipe, hose, motor, or other instrument or device to utility or customer-owned facilities or equipment so that service provided by the utility is transmitted, supplied, or used without passing through a meter authorized by the utility for measuring or registering the amount of service provided.
(b) "Tampering" means damaging, altering, adjusting, or obstructing the operation of a meter or submeter provided by a utility for measuring or registering the amount of electricity, natural gas, or other utility service passing through the meter.
(c) "Unauthorized connection" means the physical connection or physical reconnection of utility service by a person without the authorization or consent of the utility.
(d) "Unauthorized metering" means removing, installing, connecting, reconnecting, or disconnecting a meter, submeter, or metering device for service by a utility, by a person other than an authorized employee or agent of the utility.
(e) "Utility" means a public utility defined in section 216B.02, subdivision 4; a municipal utility; or a cooperative electric association organized under chapter 308A.
Subd. 2.
Civil actions; remedies.
A utility may bring a civil action for damages against a person who: (1) deliberately commits, authorizes, attempts, solicits, aids, or abets bypassing, tampering, unauthorized connection, or unauthorized metering that results in damages to the utility; or (2) knowingly receives service provided as a result of bypassing, tampering, unauthorized connection, or unauthorized metering. The utility may recover double the costs of the service provided; the costs and expenses for investigation, disconnection, reconnection, service calls, equipment, and employees; and the trial costs and witness fees.
Subd. 3.
Damages to benefit ratepayers.
Damages recovered under this section in excess of the actual damages sustained by a public utility regulated by the commission must be taken into account by the commission and applied for the benefit of the public utility's ratepayers in establishing utility rates.
Subd. 4.
Additional remedies.
The remedies provided in this section are supplemental and additional to other remedies or powers conferred by law and not in limitation of other civil or criminal statutory or common law remedies.
History:
1987 c 272 s 1; 1989 c 356 s 16
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.027 — Discrimination Prohibition.

325E.027 DISCRIMINATION PROHIBITION.
(a) No dealer or distributor of liquid propane gas or number 1 or number 2 fuel oil who has signed a low-income home energy assistance program vendor agreement with the Department of Commerce may refuse to deliver liquid propane gas or number 1 or number 2 fuel oil to any person located within the dealer's or distributor's normal delivery area who receives direct grants under the low-income home energy assistance program if:
(1) the person has requested delivery;
(2) the dealer or distributor has product available;
(3) the person requesting delivery is capable of making full payment at the time of delivery; and
(4) the person is not in arrears regarding any previous fuel purchase from that dealer or distributor.
(b) A dealer or distributor making delivery to a person receiving direct grants under the low-income home energy assistance program may not charge that person any additional costs or fees that would not be charged to any other customer and must make available to that person any discount program on the same basis as the dealer or distributor makes available to any other customer.
(c) The commissioner of commerce may enforce this section using any of the authority granted to the commissioner under section 45.027.
History:
2007 c 57 art 3 s 41; 2014 c 254 s 22
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.03 — Sale Of Beverage Containers Having Detachable Parts.

325E.03 SALE OF BEVERAGE CONTAINERS HAVING DETACHABLE PARTS.
Subdivision 1.
Restriction.
No person shall sell or offer for sale in this state a carbonated soft drink, beer, other malt beverage, or tea in liquid form and intended for human consumption contained in an individual sealed metal container designed and constructed so that a part of the container is detached in the process of opening the container.
Subd. 2.
Criminal penalty.
A violation of subdivision 1 is a misdemeanor and each day of violation is a separate offense.
History:
1975 c 308 s 1,2; 1977 c 226 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.04 — Free Samples; Distribution.

325E.04 FREE SAMPLES; DISTRIBUTION.
Subdivision 1.
Restrictions.
It shall be unlawful to cause to be delivered indiscriminately door to door to residences, other than through the United States mail, any advertising, sample of merchandise, or promotional material which is contained in a plastic film outer bag any dimension of which exceeds seven inches and which contains less than one hole, one-half inch in diameter, for each 25 square inch area, or any samples of drugs, medicines, razor blades, or aerosol cans regardless of how packaged. This subdivision shall not apply to plastic bags with an average thickness of more than .0015 of an inch.
Subd. 2.
Criminal penalty.
Any person who is found to have violated this section shall be guilty of a misdemeanor.
History:
1971 c 832 s 1,2; 1974 c 85 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.041 — Sensory Testing Research.

325E.041 SENSORY TESTING RESEARCH.
Subdivision 1.
Definitions.
For purposes of this section, the following terms have the meanings given:
(1) "sensory testing firm" means a business that tests consumer reaction to physical aspects of products for a third-party client;
(2) "trained sensory assessors" means members of the public at least 21 years of age selected by sensory testing firms and trained for a minimum of one hour to test products;
(3) "sensory testing facility" means a facility specifically designed as a controlled environment for testing; and
(4) "department" means the Department of Public Safety.
Subd. 2.
Allowed activities.
Notwithstanding any law to the contrary, a sensory testing firm may possess and may purchase alcohol at retail or wholesale, and may allow consumption of that alcohol, by trained sensory assessors for testing purposes at their facility, provided that:
(1) the firm must comply with section 340A.409 and all other state laws that do not conflict with this section;
(2) firms choosing to serve alcohol must be licensed by the department, which may assess a fee sufficient to cover costs; and
(3) records of testing protocols must be retained by the firm for at least one year.
History:
2016 c 189 art 4 s 12
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.042 — Prohibiting Sale Of Certain Plastics.

325E.042 PROHIBITING SALE OF CERTAIN PLASTICS.
Subdivision 1.
Plastic can.
(a) A person may not sell, offer for sale, or give to consumers in this state a beverage packaged in a plastic can.
(b) A plastic can subject to this subdivision is a single serving beverage container composed of plastic and metal excluding the closure mechanism.
Subd. 2.
Nondegradable plastic.
A person may not sell, offer for sale, or give to consumers beverages or motor oil containers held together by connected rings made of nondegradable plastic material.
Subd. 3.
Penalty.
A person who violates subdivision 1 or 2 is guilty of a misdemeanor.
History:
1988 c 685 s 26; 1991 c 337 s 57
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.044 — Plastic Container Labeling.

325E.044 PLASTIC CONTAINER LABELING.
Subdivision 1.
Definitions.
The definitions in this subdivision apply to this section.
(a) "Distributor" means a person engaged in business that ships or transports products to retailers in this state to be sold by those retailers.
(b) "Labeling" means attaching information to or embossing or printing information on a plastic container.
(c) "Manufacturer" means any manufacturer offering for sale and distribution a product packaged in a container.
(d) "Plastic container" means an individual, separate, plastic bottle, can, or jar with a capacity of 16 ounces or more.
Subd. 2.
Labeling rules required.
By March 31, 1989, the board shall adopt rules requiring labeling of plastic containers. The rules adopted under this subdivision must allow a manufacturer of plastic containers, a person who places products in plastic containers, and a person who sells products in plastic containers to choose an appropriate method of labeling plastic containers. The board shall adopt rules as consistent as practicable with national industrywide plastic container coding systems. The rules may exempt plastic containers of a capacity of less than a specified minimum size from the labeling requirements.
Subd. 3.
Prohibition.
A person may not manufacture or bring into the state for sale in this state a plastic container that does not comply with the labeling rules adopted under subdivision 2.
Subd. 4.
Enforcement; civil penalty; injunctive relief.
(a) After being notified that a plastic container does not comply with the rules under subdivision 2, any manufacturer or distributor who violates subdivision 3 is subject to a civil penalty of $50 for each violation up to a maximum of $500 and may be enjoined from such violations.
(b) The attorney general may bring an action in the name of the state in a court of competent jurisdiction for recovery of civil penalties or for injunctive relief as provided in this subdivision. The attorney general may accept an assurance of discontinuance of acts in violation of subdivision 3 in the manner provided in section 8.31, subdivision 2b.
History:
1988 c 685 s 27
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.05 — Agricultural Implement Dealerships; Return Of Stock.

325E.05 AGRICULTURAL IMPLEMENT DEALERSHIPS; RETURN OF STOCK.
If a franchised agricultural machinery or implement dealership is discontinued for economic reasons, the firm, company, person, or successor in interest issuing the franchise to the dealer shall purchase all listed parts in the dealer's stock purchased originally from firm, company, or person issuing franchise at a price agreeable to the franchised dealer and such firm, company, person, or successor in interest.
History:
1959 c 398 s 1; 1988 c 502 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.061 — Definitions.

325E.061 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 325E.061 to 325E.065, the terms defined in this section have the meanings given them.
Subd. 2.
Farm equipment.
"Farm equipment" means equipment and parts for equipment including, but not limited to, tractors, trailers, combines, tillage implements, balers, skid steer loaders, attachments and repair parts for them, and other equipment, including attachments and repair parts, used in the planting, cultivating, irrigation, harvesting, and marketing of agricultural products, excluding self-propelled machines designed primarily for the transportation of persons or property on a street or highway.
Subd. 3.
Farm equipment manufacturer.
"Farm equipment manufacturer" means a person, partnership, corporation, association, or other form of business enterprise engaged in the manufacturing, assembly, or wholesale distribution of farm equipment. The term also includes any successor in interest of the farm equipment manufacturer, including any purchaser of assets or stock, any surviving corporation resulting from a merger or liquidation, any receiver or assignee, or any trustee of the original farm equipment manufacturer.
Subd. 4.
Farm equipment dealer or dealership.
"Farm equipment dealer" or "farm equipment dealership" means a person, partnership, corporation, association, or other form of business enterprise engaged in acquiring farm equipment from a manufacturer and reselling the farm equipment at wholesale or retail.
Subd. 5.
Dealership agreement.
"Dealership agreement" means an oral or written agreement of definite or indefinite duration between a farm equipment manufacturer and a farm equipment dealer which enables the dealer to purchase equipment from the manufacturer and provides for the rights and obligations of the parties with respect to the purchase or sale of farm equipment.
History:
1988 c 511 s 1; 1991 c 70 s 1-3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.063 — Violations.

325E.063 VIOLATIONS.
(a) It is a violation of sections 325E.061 to 325E.065 for a farm equipment manufacturer to coerce a farm equipment dealer to accept delivery of farm equipment which the farm equipment dealer has not voluntarily ordered.
(b) It is a violation of sections 325E.061 to 325E.065 for a farm equipment manufacturer to:
(1) condition or attempt to condition the sale of farm equipment on a requirement that the farm equipment dealer also purchase other goods or services; except that a farm equipment manufacturer may require the dealer to purchase all parts reasonably necessary to maintain the quality of operation in the field of any farm equipment used in the trade area and telecommunication necessary to communicate with the farm equipment manufacturer;
(2) coerce a farm equipment dealer into a refusal to purchase the farm equipment manufactured by another farm equipment manufacturer;
(3) discriminate in the prices charged for farm equipment of like grade and quality sold by the farm equipment manufacturer to similarly situated farm equipment dealers. The clause does not prevent the use of differentials which make only due allowance for difference in the cost of manufacture, sale, or delivery or for the differing methods or quantities in which the farm equipment is sold or delivered, by the farm equipment manufacturer; or
(4) attempt or threaten to terminate, cancel, fail to renew, or substantially change the competitive circumstances of the dealership agreement if the attempt or threat is based on the results of a natural disaster, including a sustained drought in the dealership market area, a labor dispute, or other circumstance beyond the dealer's control.
History:
1988 c 511 s 3; 1991 c 70 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.064 — Status Of Inconsistent Agreements.

325E.064 STATUS OF INCONSISTENT AGREEMENTS.
A term of a dealership agreement either expressed or implied, including a choice of law provision, which is inconsistent with the terms of sections 325E.061 to 325E.065 or that purports to waive a farm equipment manufacturer's compliance with sections 325E.061 to 325E.065 is void and unenforceable and does not waive any rights which are provided to a person by sections 325E.061 to 325E.065.
History:
1988 c 511 s 4; 1991 c 70 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.065 — Remedies.

325E.065 REMEDIES.
If a farm equipment manufacturer violates sections 325E.061 to 325E.065, a farm equipment dealer may bring an action against the manufacturer in a court of competent jurisdiction for damages sustained by the dealer as a consequence of the manufacturer's violation, together with the actual costs of the action, including reasonable attorney's fees, and the dealer also may be granted injunctive relief against unlawful termination, cancellation, nonrenewal, or substantial change of competitive circumstances. The remedies in this section are in addition to any other remedies permitted by law.
History:
1988 c 511 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.067 — Applicability.

325E.067 APPLICABILITY.
The provisions of sections 325E.061 to 325E.065 are effective April 14, 1988, and apply to all dealership agreements now in effect which have no expiration date and which are continuing contracts, and all other contracts entered into, amended, or renewed after April 14, 1988. Any contract in force and effect on April 14, 1988, which by its terms will terminate on a date subsequent thereto and which is not renewed is governed by the law as it existed before April 14, 1988.
History:
1988 c 511 s 7