Statutes, codes, and regulations
West Virginia Administrative Code
Agency 175 - Alcohol Beverage Control CommissionTitle 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER
Series 175-08 - Cigarettes Produced For Export; Imported Cigarettes
Section 175-8-10 - Unfair Trade Practices

W. Va. Code R. § 175-8-10

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Current through Register Vol. XLI, No. 50, December 13, 2024
Section 175-8-10 - Unfair Trade Practices
10.1. Unfair trade practice means:
10.1.1. The sale of cigarettes in violation of W. Va. Code '60-9-2;
10.1.2. The failure to comply with W. Va. Code '60-9-3;
10.1.3. The sale of cigarettes at wholesale for less than the invoice cost to the wholesaler plus applicable taxes or the replacement cost thereof within thirty (30) days of the date of the sale, offer of sale, or advertisement of sale, whichever is lower, less any trade discounts except customary discounts for cash, to either of which may be added the following items of expense:
10.1.3.a. Freight charges not otherwise included in the cost of the cigarettes; and
10.1.3.b. Any markup to cover the cost of doing business of four percent (4%) absent proof of a lesser cost.
10.1.4. The sale of cigarettes at retail for less than the invoice cost or replacement cost within 30 days of the sale, offer of sale or advertisement of sale, whichever is lower, less any trade discounts, to either of which may be added:
10.1.4.a. Freight charge; and
10.1.4.b. A markup of seven percent (7%) of the aggregate of the invoice or replacement cost.
10.2. Exception to Unfair Trade Practices:
10.2.1. Proof of a lesser cost of doing business as provided in these rules;
10.2.2. Sales in good faith to meet the legal prices of a competitor selling cigarettes in this State as provided in these rules;
10.2.3. Sales in closing out in good faith an owner=s stock for the purpose of discontinuing the sale of cigarettes;
10.2.4. Sales of cigarettes that are damaged or deteriorated in quality or where cigarettes are sold in bona fide clearance sales and in each case, cigarettes are advertised, marked and sold as such;
10.2.5. Sales by an officer acting under the orders of any court;
10.2.6. Sales for charitable purposes or to relief agencies;
10.2.7. Where cigarettes are sold on contract to departments of the government or governmental institutions.

W. Va. Code R. § 175-8-10