Stricken language would be deleted from and underlined language would be added to present law.
Act 942 of the Regular Session
1 State of Arkansas As Engrossed: S4/5/21 S4/19/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 SENATE BILL 551
4
5 By: Senator M. Johnson
6 By: Representative Dalby
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE UNFAIR CIGARETTE SALES ACT; AND
10 FOR OTHER PURPOSES.
11
12
13 Subtitle
14 TO AMEND THE UNFAIR CIGARETTE SALES ACT.
15
16
17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
18
19 SECTION 1. Arkansas Code 4-75-702, concerning definitions in the
20 Unfair Cigarette Sales Act, is amended to add an additional subdivision to
21 read as follows:
22 (15) "Rebate" means a payment made by a seller of cigarettes to
23 a purchaser of cigarettes after the sale that serves as a discount or return
24 of part of an amount previously given in payment by the purchaser of
25 cigarettes.
26
27 SECTION 2. Arkansas Code 4-75-708(b) and (c), concerning the use of
28 rebates in the sale of cigarettes to impact competition under the Unfair
29 Cigarette Sales Act, are amended to read as follows:
30 (b)(1) It shall be is unlawful for any wholesaler, retailer, or
31 salesperson to offer a rebate in price, to give a rebate in price, to offer a
32 concession of any kind, or to give a concession of any kind or nature
33 whatsoever in connection with the sale of cigarettes with intent to injure
34 competitors or destroy or substantially lessen competition.
35 (2) However, it is not unlawful under this section for a
36 wholesaler to give a rebate if the rebate is paid by check or electronic
*ANS321* 04-19-2021 13:37:20 ANS321
 As Engrossed: S4/5/21 S4/19/21 SB551
1 direct deposit and does not result in a sale at less than the cost to the
2 wholesaler according to 4-75-702(5)(A), less discounts that are received by
3 the wholesaler from the manufacturer.
4 (c) It shall be unlawful for any retail dealer to induce or attempt to
5 induce or to procure or attempt to procure:
6 (1) The the purchase of cigarettes at a price less than cost to
7 the wholesaler; or
8 (2) Any rebate or concession of any kind in connection with the
9 purchase of cigarettes.
10
11 /s/M. Johnson
12
13
14 APPROVED: 4/27/21
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
2 04-19-2021 13:37:20 ANS321


Statutes affected:
Old version SB551 Original - 3-16-2021 02:06 PM: 4-75-702(5), 4-75-708(b)
Old version SB551 V2 - 4-5-2021 10:42 AM: 4-75-708(b)
Old version SB551 V3 - 4-19-2021 01:37 PM: 4-75-702, 4-75-708(b)
SB 551: 4-75-702, 4-75-708(b)
Act 942: 4-75-702, 4-75-708(b)