THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MURT, BAKER, BOYD, BRENNAN, D. COSTA, CREIGHTON, GIBBONS, GODSHALL, GRUCELA, KORTZ, MELIO, MILLARD, MOUL, M. O'BRIEN, PAYNE, QUIGLEY, RAPP, REICHLEY, SAYLOR, SIPTROTH, K. SMITH, SWANGER AND J. TAYLOR, APRIL 28, 2009

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 28, 2009  

AN ACT

Amending the act of August 11, 1941 (P.L.900, No.344), entitled

"An act defining and prohibiting unfair sales, providing

remedies for violations thereof, and establishing penalties

therefor," further providing for nonapplicability.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6 of the act of August 11, 1941 (P.L.900,

No.344), known as the Unfair Sales Act, is amended to read:

Section 6.  The provisions of this act shall not apply to

sales at retail or sales at wholesale: (a) where merchandise is

sold in bona fide clearance sales, if advertised, marked and

sold as such; (b) where perishable merchandise must be sold

promptly in order to forestall loss; (c) where merchandise is

imperfect or damaged or is being discontinued and is advertised,

marked and sold as such; (d) where merchandise is sold upon the

final liquidation of any business; (e) where merchandise is sold

for charitable purposes or to relief agencies; (f) where

merchandise is sold on contract to departments of the government

or governmental institutions; (g) when the price of merchandise

is made in good faith to meet competition; (h) where merchandise

is sold by any officer acting under the order or direction of

any court; (i) where tools, equipment and materials used by

employes in their trade or business or appliances and products

which are used therein and are or may be beneficial to the

safety, health and working conditions of such employes are sold

to employes of the seller[.]; or (j) where the merchandise is a

prescription or nonprescription drug.

Section 2.   This act shall take effect immediately.