Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: The attorney general administers and
enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
The attorney general may make rules necessary to the administration and
enforcement of the provisions of Chapter 407, RSMo and, in order to provide
notice to the public, may specify the meaning of terms whether or not used in
the Act. This rule specifies the settled meanings of certain terms used in the
enforcement of the Act and provides notice to the public of their
application.
(1) Unless
inconsistent with the definitions provided in Chapter 407, RSMo, the following
terms and phrases shall mean:
(A) Actual cost
shall mean money expended or credit incurred and no allowance shall be made for
the replacement cost of merchandise that the seller is reasonably assured of
recouping the replacement cost as part of the price of subsequent sales of the
merchandise;
(B) Consumer shall
include any person (as defined in section 407.010.5., RSMo) who purchases, may
purchase or is solicited for purchase of merchandise;
(C) Disaster area shall mean an area declared
to be a disaster area by either state or federal authorities. A disaster area,
for purposes of
15 CSR 60-8.030,
will expire upon the termination date stated in the order or declaration issued
by state or federal authorities, or if no termination date is stated, shall
expire thirty (30) days from the date of issuance of the order or declaration.
Such order or declaration may be renewed by state or federal authorities. Each
renewal will expire upon the termination date stated in the renewal, or if no
termination date is stated, shall expire thirty (30) days from the date of
issuance of the renewal;
(D)
Excessive price shall mean a seller's price that is not justified by the
seller's actual cost of acquiring, producing, selling, transporting, and
delivering the actual product sold plus the seller's usual and customary profit
margin prior to the onset of the natural disaster. An excessive price, for
purposes of determining a violation of
15 CSR 60-8.030,
shall not include any price agreed to by a buyer and seller prior to the
declaration of an applicable disaster;
(E) Good faith shall mean honesty in fact and
the observance of reasonable commercial standards of fair dealing in the
trade;
(F) Natural disaster shall
mean property damage caused by heavy rainfall, storm, tornado, flooding, or
earthquake; and
(G) Necessity shall
include all materials and services related to, but not limited to, food, water,
medical treatment, sanitation, construction, repair, and
transportation.
*Original authority: 407.020, RSMo 1967, amended 1973,
1985, 1986, 1992, 1994, 1995, 2000, 2008 and 407.145, RSMo 1986, amended
1993.
