LRB-1303/1
CTS&MPG:cjs:rs
2011 - 2012 LEGISLATURE
January 4, 2012 - Introduced by Senators Vukmir and Carpenter, cosponsored by
Representatives Kramer and Richards. Referred to Committee on Health.
SB360,1,3
1An Act to amend 100.30 (6) (title); and
to create 100.30 (6) (a) 10. and 100.30
2(6) (e) of the statutes;
relating to: the minimum sale price of prescription
3drugs.
Analysis by the Legislative Reference Bureau
Under current law, the Unfair Sales Act or "minimum markup" law prohibits
"loss leaders," or wholesale and retail sales of merchandise at a price below the cost
of the merchandise to the seller.
This bill exempts prescription drugs from the Unfair Sales Act. As a result, the
bill deletes the current prohibition on below-cost sales of prescription drugs.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB360, s. 1
4Section
1. 100.30 (6) (title) of the statutes is amended to read:
SB360,1,55
100.30
(6) (title)
Exceptions; construction.
SB360, s. 2
6Section
2. 100.30 (6) (a) 10. of the statutes is created to read:
SB360,2,2
1100.30
(6) (a) 10. Merchandise is a prescription drug, as defined in s. 450.01
2(20).
SB360, s. 3
3Section
3. 100.30 (6) (e) of the statutes is created to read:
SB360,2,54
100.30
(6) (e) Paragraph (a) 10. may not be construed to diminish any remedies
5available for violations of ch. 133 or
15 USC 2.
