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42.31.312    ORDER OF APPROVAL OF A LOWER COST

(1) Any order of approval shall contain an effective date and the approved lower cost of doing business. The approved lower "cost of doing business" by the petitioner shall be the minimum cost used in establishing the selling price for cigarettes sold in the state of Montana.

(2) The state of Montana is considered one market. Any wholesaler or retailer may adjust their prices to meet those of competitors if a lower price is approved through this cost survey process. Absent an approved lower cost survey, the minimum price contained in current law is controlling.

History: 16-10-104, MCA; IMP, 16-10-103, 16-10-301, MCA; NEW, 1994 MAR p. 1453, Eff. 5/27/94; AMD, 2000 MAR p. 3569, Eff. 12/22/00; AMD, 2004 MAR p. 2935, Eff. 12/3/04.

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