(1) Any retailer or wholesaler may advertise or sell cigarettes as long as the advertised or sale price is not below the minimum price set by the department as required by statute.

(2) Prices established in bankruptcy, liquidation, clearance sales, sales of damaged or imperfect cigarettes, or sales under the order of any court shall not be used as a basis for competitive pricing.

(3) The department, a trade association, or an industry group may make a cost survey to establish cost to retailer or a cost to wholesaler. Such a survey may be used to determine a "competitive price" as referenced in 16-10-203 and 16-10-303 , MCA.