416.420. Discrimination in price between localities--evidence.
Discrimination in price between localities--evidence.
416.420. 1. No processor or distributor shall, with theintent or with the effect of unfairly diverting trade from acompetitor, or of otherwise injuring a competitor, or ofdestroying competition, discriminate in price in the sale of anymilk product furnished from the same plant between any of thetowns, cities, municipalities or counties of this state; exceptthat no violation results from different prices which reflect, inthe case of a processor, the actual transportation cost frompoint of processing to point of sale, and, in the case of adistributor, the actual transportation cost from point ofpurchase to point of resale.
2. Proof of the advertising, offer for sale or sale of anymilk products furnished from the same plant in any town, city,municipality, or county at prices less than advertised, offeredfor sale, or sold in any other town, city, municipality or countyby the processor or distributor, which cannot be accounted for bythe difference in the transportation costs is prima facieevidence of a violation of this section.
(L. 1959 H.B. 255 § 3)(1964) This section does not apply to cost justified volume pricing as such pricing does not constitute discriminations in price "between any of the towns, cities, municipalities or counties of this state". Foremost Dairies, Inc. v. Thomason (Mo.), 384 S.W.2d 651.