Section 358-O:7 Conditions for Handling Charges and Shipping Charges.


   I. It shall be unlawful to notify a person that such person will receive a gift, prize, or item of value and that as a condition of receiving the gift, prize or item of value such person will be required to pay any money, or purchase or lease (including rent) any goods or services, if any one or more of the following conditions exist:
      (a) The shipping charges exceed:
         (1) the cost of postage or the charge of a delivery service in the business of delivering goods of like size, weight, and kind for shipping the gift, prize or item of value from the geographic area in which the gift, prize or item of value is being distributed; or
         (2) the exact amount for shipping paid to an independent fulfillment house or an independent supplier, either of which is in the business of shipping goods for shippers other than the offeror of the gift, prize or item of value; or
      (b) The handling charge exceeds the lesser of $5 or the actual cost of handling.
   II. This section shall apply to all offers of prizes, gifts or items of value covered by this chapter.

Source. 1994, 229:2, eff. Jan. 1, 1995.