LRB-2728/1
RNK:cjs:jf
2003 - 2004 LEGISLATURE
February 3, 2004 - Introduced by Representatives Musser, Van Roy, Krawczyk and
Petrowski. Referred to Committee on State Affairs.
AB800,1,2
1An Act to create 100.195 of the statutes;
relating to: cigarette advertising and
2promotion.
Analysis by the Legislative Reference Bureau
This bill authorizes a cigarette manufacturer to enter into an agreement with
a retailer specifying the terms and conditions under which the retailer may stock,
advertise, or display (advertise) the manufacturer's products and under which the
manufacturer may require the retailer to conduct a product promotion. The bill
provides that if a cigarette manufacturer and a retailer enter into such an
agreement, the agreement must specify the amount and location of space that the
retailer agrees to provide for advertising the cigarette manufacturer's products.
The bill also specifies that if a cigarette manufacturer and a retailer enter into
an agreement specifying the terms and conditions under which the retailer may
advertise the manufacturer's products, the agreement may not prohibit a retailer
from advertising another cigarette manufacturer's products. The agreement may
also not specify the location or limit the amount of space that the retailer may use
for advertising another cigarette manufacturer's products, or require a retailer to
charge a certain price for another cigarette manufacturer's products.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB800, s. 1
3Section
1. 100.195 of the statutes is created to read:
AB800,2,1
1100.195 Cigarette sales practices. (1) In this section:
AB800,2,22
(a) "Cigarette" has the meaning given in s. 139.30 (1).
AB800,2,33
(b) "Manufacturer" means a person specified under s. 139.30 (7) or s. 139.75 (5).
AB800,2,44
(c) "Retailer" means any person licensed under s. 134.65 (1).
AB800,2,11
5(2) Except as provided under sub. (3), a manufacturer may enter into an
6agreement with a retailer specifying the terms and conditions under which the
7retailer may stock, advertise, or display the manufacturer's products and under
8which the manufacturer may require the retailer to conduct a promotion of the
9manufacturer's products. The agreement may authorize a manufacturer to
10compensate, or provide discounts to, the retailer for stocking, advertising, displaying
11or promoting the manufacturer's products.
AB800,2,13
12(3) Notwithstanding sub. (2), an agreement under sub. (2) may not do any of
13the following:
AB800,2,1614
(a) Prohibit a retailer from stocking, advertising, or displaying another
15manufacturer's products or participating in another manufacturer's product
16promotion.
AB800,2,1817
(b) Specify the location or limit the amount of space that a retailer may use for
18stocking, advertising, or displaying another manufacturer's products.
AB800,2,2019
(c) Require a retailer to charge a certain price for another manufacturer's
20products.
AB800,2,23
21(4) An agreement under sub. (2) shall specify the amount and location of space
22the retailer agrees to provide for stocking, advertising, and displaying the
23manufacturer's products.
