S.D. Admin. R. 64:75:04:13

Current through Register Vol. 51, page 57, November 12, 2024
Section 64:75:04:13 - Advertising

An industry member may not pay or credit retailers for displaying materials or for any expense incidental to its operation. The value of advertising materials and any accessories to the advertising materials shall be computed by including all expenses incurred by the industry member in connection with the purchase, manufacture, and transportation of such materials.

Signs, posters, placards, designs, decorations, or graphic displays bearing advertising matter for use inside a retail establishment may be furnished, given, rented, lent, or sold to a retailer if the materials have no value to the retailer except as advertising. The amount supplied in any calendar year may not exceed $1,000, not including installation costs.

A wholesaler may furnish consumer advertising specialties to a retailer if the aggregate cost to any industry member of the consumer advertising specialties furnished or given to any one retail establishment in any one calendar year does not exceed $250. A retailer must pay for any consumer advertising specialties in excess of $250 within a calendar year.

Any item having a utility value to the retailer other than as advertisings may be sold by an industry member to a retail licensee. The cost of these items may not be less than the industry member's cost.

S.D. Admin. R. 64:75:04:13

SL 1975, ch 16; 45 SDR 082, effective 12/18/2018

General Authority: SDCL 35-10-1(6)

Law Implemented: SDCL 35-10-1(6)