Pennsylvania. Statutory Language

Pennsylvania Statute 41-25

PENNSYLVANIA STATUTE

UNFAIR SALES ACT

73 P

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. §§ 211 to 217

§ 211. Short title

This act shall be known and designated and may be cited as the “Unfair Sales

Act.”

§ 212. Definitions

(1) When used in this act the term “cost to the retailer” shall mean the invoice

cost of the merchandise to the retailer or the replacement cost of the merchandise to

the retailer, whichever is lower, less all trade discounts, except customary discounts

for cash, advertising allowances, promotional allowances, display allowances and

any other allowances for services rendered and any other commission or

remuneration received for services performed on behalf of any governmental

agencies, to which shall be added (a) freight charges not otherwise included in the

invoice or the replacement cost of the merchandise, (b) a markup to cover in part the

cost of doing business, which markup in the absence of proof of a lesser cost, shall be

not less than four per cent of the total cost at retail outlet.

(2) When used in this act the term “cost to the wholesaler” shall mean the

invoice cost of the merchandise to the wholesaler or the replacement cost of the

merchandise to the wholesaler, whichever is lower, less all trade discounts, except

customary discounts for cash, advertising allowances, promotional allowances,

display allowances and any other allowances for services rendered and any other

commission or remuneration received for services performed on behalf of any

governmental agencies, to which shall be added (a) freight charges not otherwise

included in the invoice or the replacement cost of the merchandise and (b) a markup

to cover in part the cost of doing business, which markup in the absence of proof of a

lesser cost shall be not less than two per cent of the total cost at the wholesale

establishment.

(3) Where two or more items are advertised, offered for sale or sold at a

combined price, the price of each item named shall be governed by the provisions of

subsection (1) or (2) of section two respectively.

(4) The terms “sell at retail,” “sales at retail” and “retail sale” shall mean and

include any transfer for a valuable consideration made in the ordinary course of trade

or in the usual prosecution of the seller’s business of title to merchandise to the

purchaser for consumption or use other than resale or further processing or

manufacturing. The above terms shall include any transfer of such merchandise

where title is retained by the seller as security for the payment of such purchase

price.