Title 44, Trade and Commerce

In this article, unless the context otherwise requires: 1. "Beverage" means beer or other malt beverages, mineral water, soda water and similar carbonated soft drinks, fruit juices and vegetable juices in liquid form which are intended for human consumption. 2. "Consumer" means a…

A. A person shall not sell or offer to sell to consumers a beverage in a container designed or constructed with a metal opening device that detaches when opening the container. This section does not prohibit the sale of a beverage in a container which has an opening device compos…

A. In this article, unless the context otherwise requires: 1. "Consumer" means the purchaser, other than for the purposes of resale, or lessee of a motor vehicle, or any person to whom the motor vehicle is transferred to during the duration of an express warranty applicable to th…

A. If a new motor vehicle does not conform to all applicable express warranties: 1. A consumer shall report the nonconformity to the manufacturer, its agent or its authorized dealer or issuer of a warranty during the shorter of the following: (a) The term of the express warranty.…

A. If the manufacturer, its agents or its authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use and value of the motor vehicle to the consumer after a re…

A. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if either: 1. The same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers d…

A. If a manufacturer has established or participates in an informal dispute settlement procedure which complies in all respects with 16 Code of Federal Regulations part 703, section 44-1263 relating to refunds or replacement does not apply to any consumer who has not first resort…

A. A manufacturer who has been ordered by judgment or decree to replace or repurchase or who has replaced or repurchased a motor vehicle pursuant to this article or the repair or replace laws of another state shall, before offering the motor vehicle for resale, attach to the moto…

A. Before the seller attempts to sell a used motor vehicle the seller shall possess the title to the used motor vehicle and the title shall be in the seller's name. B. Except as provided in subsection I of this section and in addition to the requirements of section 28-4412, a use…

In this article, unless the context otherwise requires: 1. "Business opportunity": (a) Means the sale or lease, or offer for sale or lease, of any goods or services to a consumer for an initial payment of five hundred dollars or greater for the purpose of enabling the consumer to…

A. A seller shall file a verified registration statement with the secretary of state before the seller solicits any consumer from a location in this state or any consumer located in this state. Each principal of the seller shall sign the registration statement, have the signature…

A. Any seller who is listed in section 44-1273, subsection B shall file with the secretary of state a limited registration statement on a form prescribed by the secretary of state before the seller solicits any consumer from a location in this state or any consumer located in thi…

A. The following sellers are not required to register and, except for section 44-1278, subsection B and section 44-1282, are exempt from this article: 1. A person acting within the scope of a license issued under title 20. 2. A person who is either a: (a) Charitable organization …

A. A seller shall maintain a bond of one hundred thousand dollars issued by a surety company duly authorized to do business in this state. The bond shall be filed with the state treasurer. No control or beneficiary interest may be held by the seller in the surety or by the surety…

A. The secretary of state shall set the annual fee for registration which shall not exceed five hundred dollars. B. The secretary of state shall set the fee for each supplemental statement which shall not exceed twenty-five dollars.

A. Before beginning the solicitation or sales presentation over the telephone, the seller or solicitor shall disclose to the consumer: 1. The complete street address of the physical location from which the seller or solicitor is making the telephone solicitation and the complete …

A. A seller who offers or sells a business opportunity and who is required to file a registration statement pursuant to section 44-1272 shall not solicit a consumer from a location in this state or a consumer located in this state unless the seller provides a written disclosure d…

A. A business opportunity contract or agreement shall be in writing and shall be given to the consumer with the disclosure document required under section 44-1276.01. B. A business opportunity contract or agreement shall include the following: 1. The terms and conditions of payme…

A consumer may cancel a business opportunity contract or agreement with a seller for any reason at any time within ten business days after the date that the consumer signs the contract or agreement or the date that the seller notifies the consumer in writing that the contract or …

A. Except as provided in section 44-1273, it is unlawful for a seller to engage in a telephone solicitation unless the seller is registered pursuant to section 44-1272. B. A seller or solicitor engaged in a recovery service shall not charge or receive any money or other valuable …

A. It is an unlawful practice pursuant to section 44-1522 for a seller or solicitor or anyone acting on their behalf to make or authorize to any consumer any reference to the seller's or solicitor's compliance with this article other than on inquiry by the consumer. B. It is an u…

A consumer may rescind a sale by an unregistered seller at any time. The consumer may recover any purchase monies paid to the unregistered seller, financial damages caused by the unregistered seller and reasonable attorney fees and costs.

A. The county attorney or attorney general, in addition to other powers conferred on him by this article, may issue and serve in the manner provided under section 13-4072 a subpoena to a custodian of records of a public service corporation as defined by section 40-341 requesting:…

The secretary of state shall: 1. Prescribe and publish the forms and adopt the rules necessary to carry out this article. 2. Refer to the attorney general or county attorney for investigation any matter that the secretary of state has reason to believe constitutes a violation of …

A. A seller or solicitor or anyone acting on behalf of a seller or solicitor shall not initiate an outbound telephone solicitation call or text message to any telephone number if the telephone number is entered in the national do-not-call registry established by the federal trade…

In this article, unless the context otherwise requires: 1. "Aftermarket crash part" means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including the inner and outer panels. 2. "Installer" means…

A nonoriginal equipment manufacturer that supplies an aftermarket crash part for use in this state shall affix to the part or inscribe on the part the logo or name of the manufacturer.

A motor vehicle repair facility or motor vehicle parts installer shall not use a nonoriginal equipment manufacturer aftermarket crash part to repair a vehicle unless the part meets the specifications of section 44-1292 and unless the consumer is advised in a written notice attach…

Violation of this article is declared to be an unlawful practice and is subject to all of the penalties and enforcement procedures provided in chapter 10, article 7 of this title.

In this article, unless the context otherwise requires: 1. "Damage" means any cracking, bubbling, cutting, chunking or separation of the tire sidewall or tread, including exposed body ply or belt material, or any visible deterioration of the tire bead or inner liner. 2. "Improper…

(Rpld. 1/1/29) A. Until the effective date of the fees authorized pursuant to subsection N of this section, a retail seller of new motor vehicle tires shall collect a fee of two percent of the purchase price for each tire sold but not more than $2 for each tire sold, which shall …

A. An owner or operator of a waste tire collection site shall register with the department of environmental quality and provide the department with information concerning the site's location and size and the approximate number of waste tires that are stored at the site and shall …

A. The disposal of waste tires in landfills and the incineration of those tires is prohibited, except as provided in subsection C or D of this section or in accordance with rules adopted by the director of the department of environmental quality. An owner or operator of a solid w…

A. It is unlawful to store one hundred or more used motor vehicle tires outdoors as follows: 1. In any fashion that exceeds twenty feet in height. 2. In a pile that is more than one hundred fifty feet from a twenty foot wide access route that allows fire control apparatus to appr…

(Rpld. 1/1/29) A. A waste tire fund is established to be administered by the department of revenue consisting of monies collected from the fees applied to tires pursuant to this article. Monies in the fund are exempt from lapsing under section 35-190. B. At the end of each calend…

A. The department of environmental quality shall adopt and enforce rules to carry out the provisions of this article. B. Each county shall report by September 30 of each year to the department of environmental quality the following for the preceding fiscal year and provide a summ…

Unless otherwise provided, a person who violates a provision of this article, or any rule adopted by the director pursuant to this article, is subject to a civil penalty of not more than five hundred dollars per violation and is subject to citation under title 49, chapter 1, arti…

In this article, unless the context otherwise requires: 1. "Automotive recycler" has the same meaning prescribed in section 28-101. 2. "Industrial account" means a person or business entity that files or is required to file monthly returns for that person's or entity's transactio…

A. The disposal of lead acid batteries in landfills and the incineration of those batteries is prohibited. B. An owner or operator of a solid waste disposal facility shall not knowingly accept a lead acid battery for disposal. C. A lead acid battery shall be discarded or disposed…

A. A lead acid battery seller shall accept from customers at the point of transfer used lead acid batteries of the type and quantity sold at that point of transfer and may accept additional batteries. A seller shall not charge any deposit to receive those batteries, other than th…

A person who knowingly violates section 44-1322 or 44-1323 is subject to a civil penalty of not more than five hundred dollars per violation and is subject to citation under title 49, chapter 1, article 3, relating to environmental nuisances. Each battery that is sold, refunded o…

A. Every used automotive components dealer shall keep on the business premises a book or other similar record legibly printed or written in ink and in English of each transaction involving the receipt of two or more lead acid batteries, except if the batteries are a component of …

A used automotive components dealer who fails in any respect to keep a book or similar record prescribed by section 44-1325 or to set out in a book or similar record any matter this article requires or who refuses, on demand of any peace officer of this state, to exhibit a book o…

A. Within twenty-four hours of receipt of lead acid batteries, except from an industrial account or a used automotive components dealer, for which a record is required to be kept by section 44-1325, a used automotive components dealer shall electronically submit to the department…

A. A medical sharp which is sold only by prescription or which is otherwise restricted in its distribution to the general public but which is sold for personal use shall bear a label which describes a safe method for the disposal of the medical sharp. B. The director of the depar…

A. A tattoo needle and any waste exposed to human blood that is generated in the creation of a tattoo shall be disposed of in the same manner as biohazardous medical waste pursuant to section 49-761. B. A person who disposes of a tattoo needle or any waste generated in the creati…