Definitions

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. AUTHORITY: section 407.020, RSMo Supp. 2010 and section 407.145, RSMo 2000.* Original rule filed March 18, 1994, effective Sept. 30, 1994. Amended: Filed Dec. 2, 2010, effective July 30, 2011. *Original authority: 407.020, RSMo 1967, amended 1973, 1985, 1986, 1992, 1994, 1995, 2000, 2008 and 407.145, RSMo 1986, amended 1993.