Nothing in Section 58-16a-904 is intended to require a manufacturer to:

(1) sell to a competitor;

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Terms Used In Utah Code 58-16a-905

  • Competitor: means an entity that manufactures contact lenses and sells those lenses within the state in direct competition with any other manufacturer. See Utah Code 58-16a-903
  • Contact lens: means any lens that:
         (2)(a) has a spherical, cylindrical, or prismatic power or curvature;
         (2)(b) is made pursuant to a current prescription; and
         (2)(c) is intended to be worn on the surface of the eye. See Utah Code 58-16a-102
  • Manufacturer: means a manufacturer, its parents, subsidiaries, affiliates, successors, and assigns. See Utah Code 58-16a-903
(2) sell contact lenses to different contact lens distributors or customers at the same price;
(3) open or maintain any account for a contact lens seller who is not in substantial compliance with Utah and federal law regarding the sale of contact lenses;
(4) decide whether a low volume account with a contact lens seller is a direct account or handled through a distributor; or
(5) sell to customers in all geographic areas lenses that are being test marketed on a limited basis in one geographic area.