Price Gouging State Statutes

Fiscal

Price gouging refers to when retailers and others take advantage of spikes in demand by charging exorbitant prices for necessities, often after a natural disaster or other state of emergency.

Thirty-nine states, Guam, Puerto Rico, the Northern Mariana Islands, the U.S. Virgin Islands and the District of Columbia have statutes or regulations that define price gouging during a time of disaster or emergency. In most states, price gouging constitutes a violation of unfair or deceptive trade practices law. Most of these laws provide for civil penalties, as enforced by the state attorney general, while some state laws also enforce criminal penalties for price gouging violations.

Please note: The statutes and summaries should be used for general informational purposes and not as a legal reference. NCSL is unable to answer questions or provide guidance to citizens or businesses regarding price gouging laws and practices. If you have questions regarding price gouging or a retailer's practices, please contact your local law enforcement or the office of the attorney general.

Price Gouging State Statutes
State	Statutory Citation	Applies to	Pricing Definition Provision
Alabama	Ala. Code §8-31-1 et seq.	States of emergency	It is prima facie evidence that a price is unconscionable if any person, during a state of emergency declared pursuant to the powers granted to the governor in section 31-9-8, charges a price that exceeds, by an amount equal to or in excess of 25% the average price at which the same or similar commodity or rental facility was obtainable in the affected area during the last 30 days immediately prior to the declared state of emergency and the increase in the price charged is not attributable to reasonable costs incurred in connection with the rental or sale of the commodity. For purposes of this section, the term “affected area” means any area specified as an affected area in a proclamation by the governor or a joint resolution by the Legislature issued pursuant to section 31-9-8(a).
Alaska	None
Arizona	None
Arkansas	Ark. Stat. Ann. §4-88-301 et seq.	Emergencies and natural disasters	(a)(1) Upon the proclamation of a state of emergency resulting from a tornado, earthquake, flood, fire, riot, storm, or natural or man-made disaster declared by the president of the United States or the governor and upon the declaration of a local emergency resulting from a tornado, earthquake, flood, fire, riot, storm, or natural or man-made disaster by the executive officer of any city or county and for a period of 30 days following that declaration or during any period of time during which a red condition under the Homeland Security Advisory System has been declared by either the U.S. Department of Homeland Security or the Arkansas Department of Emergency Management, it is unlawful for any person, contractor, business, or other entity to sell or offer to sell any consumer food items or goods, goods or services used for emergency cleanup, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight, and storage services, or gasoline or other motor fuels for a price of more than 10% above the price charged by that person for those goods or services immediately prior to the proclamation of emergency. (2) However, a greater price increase shall not be unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods or directly attributable to additional costs for labor or materials used to provide the services, provided that in those situations where the increase in price is attributable to additional costs imposed by the seller's supplier or additional costs of providing the good or service during the state of emergency, the price represents no more than 10% above the total of the cost to the seller plus the markup customarily applied by the seller for that good or service in the usual course of business immediately prior to the onset of the state of emergency. (b)(1) Upon the proclamation of a state of emergency resulting from a tornado, earthquake, flood, fire, riot, or storm declared by the president of the United States or the governor, or upon the declaration of a local emergency resulting from a tornado, earthquake, flood, fire, riot, or storm by the executive officer of any city or county, and for a period of 180 days following that declaration, it is unlawful for any contractor to sell or offer to sell any repair or reconstruction services or any services used in emergency cleanup for a price of more than 10% above the price charged by that person for those services immediately prior to the proclamation of emergency. (2) However, a greater price increase shall not be unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods or directly attributable to additional costs for labor or materials used to provide the services, provided that in those situations where the increase in price is attributable to the additional costs imposed by the contractor's supplier or additional costs of providing the service during the state of emergency, the price represents no more than 10% above the total of the cost to the contractor plus the markup customarily applied by the contractor for that good or service in the usual course of business immediately prior to the onset of the state of emergency.
California	Cal. Business & Professions Code §22449 Cal. Government Code §8588.8 Cal. Penal Code §396	Immigration consultants, attorneys, notaries public, and organizations accredited by the U.S. Board of Immigration Appeals Requirement to post on internet States of emergency or local emergencies	Cal. Business & Professions Code §22449 (b) (1) Immigration consultants, attorneys, notaries public, and organizations accredited by the U.S. Board of Immigration Appeals shall be prohibited from participating in practices that amount to price gouging when a client or prospective client solicits services associated with filing an application for deferred action for childhood arrivals as described in subdivision (a). (2) For the purposes of this section, “price gouging” means any practice that has the effect of pressuring the client or prospective client to purchase services immediately because purchasing them at a later time will result in the client or prospective client paying a higher price for the same services. Cal. Government Code §8588.8 Upon the proclamation of a state of emergency declared by the governor, the Office of Emergency Services shall include, on an appropriate internet web site, information about section 396 of the Penal Code, including information for property owners about the effect of the proclamation on rental price as defined in paragraph (11) of subdivision (j) of section 396 of the Penal Code. Cal. Penal Code §396 (b) Upon the proclamation of a state of emergency declared by the president of the United States or the governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make that declaration in any county, city, or city and county, and for a period of 30 days following that proclamation or declaration, it is unlawful for a person, contractor, business, or other entity to sell or offer to sell any consumer food items or goods, goods or services used for emergency cleanup, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight, and storage services, or gasoline or other motor fuels for a price of more than 10% greater than the price charged by that person for those goods or services immediately prior to the proclamation or declaration of emergency, or prior to a date set in the proclamation or declaration. However, a greater price increase is not unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the services, during the state of emergency or local emergency, and the price is no more than 10% greater than the total of the cost to the seller plus the markup customarily applied by that seller for that good or service in the usual course of business immediately prior to the onset of the state of emergency or local emergency. If the person, contractor, business, or other entity did not charge a price for the goods or services immediately prior to the proclamation or declaration of emergency, it may not charge a price that is more than 50% greater than the cost thereof to the vendor as “cost” is defined in section 17026 of the Business and Professions Code. (c) Upon the proclamation of a state of emergency declared by the president of the United States or the governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make that declaration in any county, city, or city and county, and for a period of 180 days following that proclamation or declaration, it is unlawful for a contractor to sell or offer to sell any repair or reconstruction services or any services used in emergency cleanup for a price of more than 10% above the price charged by that person for those services immediately prior to the proclamation or declaration of emergency. However, a greater price increase is not unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the services, during the state of emergency or local emergency, and the price represents no more than 10% greater than the total of the cost to the contractor plus the markup customarily applied by the contractor for that good or service in the usual course of business immediately prior to the onset of the state of emergency or local emergency. (d) Upon the proclamation of a state of emergency declared by the president of the United States or the governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make that declaration in any county, city, or city and county, and for a period of 30 days following that proclamation or declaration, it is unlawful for an owner or operator of a hotel or motel to increase the hotel or motel's regular rates, as advertised immediately prior to the proclamation or declaration of emergency, by more than 10%. However, a greater price increase is not unlawful if the owner or operator can prove that the increase in price is directly attributable to additional costs imposed on it for goods or labor used in its business, to seasonal adjustments in rates that are regularly scheduled, or to previously contracted rates. (e) Upon the proclamation of a state of emergency declared by the president of the United States or the governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make that declaration in any city, county, or city and county, and for a period of 30 days following that proclamation or declaration, or any period the proclamation or declaration is extended by the applicable authority, it is unlawful for any person, business, or other entity, to increase the rental price, as defined in paragraph (11) of subdivision (j), advertised, offered, or charged for housing, to an existing or prospective tenant, by more than 10%. However, a greater rental price increase is not unlawful if that person can prove that the increase is directly attributable to additional costs for repairs or additions beyond normal maintenance that were amortized over the rental term that caused the rent to be increased greater than 10% or that an increase was contractually agreed to by the tenant prior to the proclamation or declaration. It shall not be a defense to a prosecution under this subdivision that an increase in rental price was based on the length of the rental term, the inclusion of additional goods or services, except as provided in paragraph (11) of subdivision (j) with respect to furniture, or that the rent was offered by, or paid by, an insurance company, or other third party, on behalf of a tenant. This subdivision does not authorize a landlord to charge a price greater than the amount authorized by a local rent control ordinance.
Colorado	Colo. Rev. Stat. §6-1-730 Colo. Rev. Stat. §6-1-735	Disaster period Rental prices in declared disaster	(2) A person engages in an unfair and unconscionable act or practice when, during a disaster period and within the designated area, the person charges a price so excessive as to amount to price gouging in: (a) The sale or offer for sale of: (I) Building materials. (II) Consumer food items. (III) Emergency supplies. (IV) Fuel. (V) Medical supplies. (VI) Other necessities; or (b) The provision of or offer to provide: (I) Repair or reconstruction services; (II) Transportation, freight, or storage services. or (III) Services used in an emergency cleanup. (3) A price shall not be considered unreasonably excessive if the seller can prove that, due to the events that gave rise to the disaster declaration, the price charged by the seller is directly attributable to additional costs imposed by the seller's supplier or suppliers or other direct costs of providing the good or service sold or offered for sale by the seller. (4) This section is enforceable solely by, and at the discretion of, the attorney general or the district attorney with jurisdiction over the conduct at issue. (3) As used in this section: (e) “Price gouging” means: (I) For dwellings that were on the market immediately preceding the disaster, an increase in rent for an individual dwelling in a designated area that is more than the greater of the percentage of the rent increase for the immediately preceding year or 10% compared to the rent for the individual dwelling immediately preceding the disaster.; or (II) For dwellings that were not on the market immediately preceding the disaster, rent for an individual dwelling in a designated area that is more than the greater of the percentage of the rent increase for the immediately preceding year or 10% higher than rent for similar dwellings located in the designated area and that were on the market immediately preceding the disaster.
Connecticut	Conn. Gen. Stat. §29-319 Conn. Gen. Stat. §42-230 et seq.	Fuel emergency Disaster, transportation or other emergency declaration	Whenever the governor, by public proclamation, declares that an emergency exists, the provisions hereof may be enforced from the date of such proclamation until, in like manner, he declares the emergency at an end. During such emergency, no person, firm or corporation, and no employee of any person, firm or corporation, shall hoard or profiteer in fuel, or hinder or obstruct or in any way interfere with its prompt sale, distribution or transportation. Conn. Gen. Stat. §42-230 No person, firm or corporation shall increase the price of any item which such person, firm or corporation sells or offers for sale at retail at any location in an area which is the subject of any disaster emergency declaration issued by the governor pursuant to chapter 517, any transportation emergency declaration issued by the governor pursuant to section 3-6b or any major disaster or emergency declaration issued by the president of the United States, until the period of emergency or disaster is declared by the governor or the president to be at an end. Nothing in this section shall prohibit the fluctuation in the price of items sold at retail which occurs during the normal course of business. Any person, firm or corporation which violates any provision of this section shall be fined not more than $99. Any violation of the provisions of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b. Conn. Gen. Stat. §42-231 (a) In the event of a state-wide or regional shortage or threatened shortage of a product or service due to an abnormal market disruption resulting from a natural disaster, weather conditions, acts of nature, strike, civil disorder, war, national or local emergency or other extraordinary adverse circumstance, the governor may proclaim that a supply emergency exists. Upon the declaration of an emergency, the governor may in connection therewith issue orders designating a product or service to be in short supply or in danger of becoming in short supply in the state or in a specific region of the state and imposing price restrictions or rationing with respect thereto. Prior to the issuance of such an order, the governor shall make written findings that there is an abnormal market disruption, that the product or service is in short supply or is in danger of becoming in short supply due to such disruption, that the product or service is essential to the health, safety and welfare of the people of the state such as food, clothing, shelter and products used or services provided for the protection of life or property, and that the imposition of price restrictions on the product or service or rationing of the product is necessary to assure the health, safety and welfare of the people of the state. For the purposes of this section, “product” shall not include an energy resource as defined in section 16a-2.
Delaware	None
District of Columbia	D.C. Code Ann. §28-4101 et seq.	Natural disasters and public health emergencies	D.C. Code Ann. §28-4101 (2) “Normal average retail price” means: (A) In the case of services, not more than 10% more than the price at which similar services were sold or offered in the Washington Metropolitan Area during the 90-day period that preceded an emergency that resulted from a natural disaster, if an emergency is declared pursuant to section 28-4102(b); or (B) In the case of merchandise, the price equal to the wholesale cost plus a retail mark-up that is the same percentage over wholesale cost as the retail mark-up for similar merchandise sold in the Washington Metropolitan Area during the 90-day period that immediately preceded an emergency that resulted from a natural disaster, if an emergency is declared pursuant to section 28-4102(b). D.C. Code Ann. §28-4102 (a) It shall be unlawful for any person to charge more than the normal average retail price for any merchandise or service sold during an emergency resulting from a natural disaster, if an emergency has been declared pursuant to subsection (b) of this section. (b)(1) Within 48 hours of a natural disaster, the mayor may declare, for not more than 30 calendar days, a state of emergency for the purposes of this act. The mayor shall prepare an emergency declaration that shall include a description of the existence, nature, extent, and duration of the emergency.
Florida	Fla. Stat. §501.160	States of emergency	(1) As used in this section: (b) It is prima facie evidence that a price is unconscionable if: 1. The amount charged represents a gross disparity between the price of the commodity or rental or lease of any dwelling unit or self-storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit or self-storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the 30 days immediately prior to a declaration of a state of emergency, unless the increase in the amount charged is attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit or self-storage facility, or regional, national, or international market trends. or 2. The amount charged grossly exceeds the average price at which the same or similar commodity was readily obtainable in the trade area during the 30 days immediately prior to a declaration of a state of emergency, unless the increase in the amount charged is attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit or self-storage facility, or regional, national, or international market trends. (2) Upon a declaration of a state of emergency by the governor, it is unlawful and a violation of section 501.204 for a person or her or his agent or employee to rent or sell or offer to rent or sell at an unconscionable price within the area for which the state of emergency is declared: (a) Any essential commodity including, but not limited to, supplies, services, provisions, or equipment that is necessary for consumption or use as a direct result of the emergency. (b) Any dwelling unit or self-storage facility that is necessary for habitation or use as a direct result of the emergency. This prohibition is effective not to exceed 60 days under the initial declared state of emergency as defined in section 252.36(2) and may be extended by an executive order issued by the governor specifically referencing this section. (3) A price increase approved by an appropriate government agency shall not be a violation of this section. (4) This section shall not apply to sales by growers, producers, or processors of raw or processed food products, except for retail sales of such products to the ultimate consumer within the area of the declared state of emergency.
Georgia	Ga. Code §10-1-393.4 Ga. Code §10-1-438	States of emergency	Ga. Code §10-1-393.4 (a) It shall be an unlawful, unfair, and deceptive trade practice for any person, firm, or corporation doing business in any area in which a state of emergency, as such term is defined in Code section 38-3-3, has been declared, for so long as such state of emergency exists, to sell or offer for sale at retail any goods or services identified by the governor in the declaration of the state of emergency necessary to preserve, protect, or sustain the life, health, or safety of persons or their property at a price higher than the price at which such goods were sold or offered for sale immediately prior to the declaration of a state of emergency; provided, however, that such price may be increased only in an amount which accurately reflects an increase in cost of the goods or services to the person selling the goods or services or an increase in the cost of transporting the goods or services into the area. (b) Notwithstanding the provisions of subsection (a) of this Code section, a retailer may increase the price of goods or services during a state of emergency if the price charged for those goods or services is no greater than the cost to the retailer of those goods or services, plus the retailer's average markup percentage applied during the 10 days immediately prior to the declaration of a state of emergency.
Guam	Guam Code Ann. tit. 5, §32201	Disasters	(c) The term false, misleading, or deceptive acts or practices includes, but is not limited to, the following acts committed by merchants. The following acts are hereby prohibited and declared illegal and contrary to public policy when done by any merchant: (21) Price gouging in time of disaster prohibited. (A) It shall be an unfair trade practice for any merchant or landlord to increase the price of any goods, services, or dwelling rentals on the basis of shortage anticipated or caused by any disaster. A merchant may add to the normal sales price of goods normally imported by sea incremental freight costs caused as a result of air freight actually incurred, and may pass on to customers actual overtime labor costs for services in addition to regular charges. (B) After a disaster in which there is serious damage to 500 or more of the permanent residential units on the island caused by the disaster, after a typhoon bringing sustained winds to Guam of 100 miles per hour or more, or after an earthquake that affects Guam with a reading on Guam greater than 7.0 on the Richter Scale, the governor may, by executive order, freeze residential rents to levels in effect the day before the disaster, for up to 120 days from the date of the disaster, which freeze may not be thereafter extended. (C) If Condition of Readiness 1, 2 or 3, or an equivalent condition is declared, or if I Maga'hågan or Maga'låhen Guåhan declares that a state of emergency exists requiring emergency assistance, or after a disaster which damages 200 or more of the permanent residential units on the island, or after a typhoon brings sustained winds to Guam of 100 miles per hour or more, or after an earthquake with a reading on Guam greater than 7.0 on the Richter Scale, I Maga'håga or Maga'låhi may, by Executive Order, freeze mark-ups and prices on designated goods and services which he or she finds to be in short supply or in danger of being in short supply as a result of the disaster to markups and prices in effect the day before the disaster, for up to 30 days after the disaster. Said freeze shall not be extended. A merchant may add to the normal sales prices of the goods the increased import cost of the goods, for all goods normally imported by sea, and incremental freight costs caused as a result of air freight actually incurred. (D) Merchants and landlords violating this subsection (21) shall be subject to the same damages, penalties and other liabilities provided in this chapter and for damages equal to three times the amounts of all gross profits on overcharged goods or five times the amount of overcharges for services or rentals, in addition to all other damages and remedies allowed by law or equity, and may be temporarily and permanently restrained and enjoined from further violation without the applicant therefor being required to post bond. (E) The price on all wholesale and retail goods shall be frozen whenever I Maga'lahen Guåhan declares Guam to be in Condition of Readiness 1 or 2, or their equivalent, and shall continue to be frozen until 72 hours after Guam returns to Condition of Readiness 4, or its equivalent. The normal sales prices of goods shall include the increased import costs of the goods for all goods normally imported by sea, and incremental freight costs caused as a result of air freight actually incurred.
Hawaii	Hawaii Rev. Stat. §127A-30 Hawaii Rev. Stat. §480-2	States of emergency	Hawaii Rev. Stat. §127A-30 (a) Whenever the governor declares a state of emergency for the entire state or any portion thereof, or a mayor declares a local state of emergency for the county or any portion thereof, or when the state, or any portion thereof, is the subject of a severe weather warning: (1) There shall be prohibited any increase in the selling price of any commodity, whether at the retail or wholesale level, in the area that is the subject of the proclamation or severe weather warning; provided that the prohibition may be restricted to particular commodities in the proclamation; and (2) No landlord shall terminate any tenancy for a residential dwelling unit in the area that is the subject of the proclamation or severe weather warning, except for a breach of a material term of a rental agreement or lease, or if the unit is unfit for occupancy as defined in this chapter; provided that: (A) Nothing in this chapter shall be construed to extend a fixed-term lease beyond its termination date, except that a periodic tenancy for a residential dwelling unit may be terminated by the landlord upon 45 days' written notice: (i) When the residential dwelling unit is sold to a bona fide purchaser for value; or (ii) When the landlord or an immediate family member of the landlord will occupy the residential dwelling unit; or (B) Under a fixed-term lease or periodic tenancy, upon 45 days' written notice, a landlord may require a tenant or tenants to relocate during the actual and continuous period of any repair to render a residential dwelling unit fit for occupancy; provided that: (i) Reoccupancy shall first be offered to the same tenant or tenants upon completion of the repair. (ii) The term of the fixed-term lease or periodic tenancy shall be extended by a period of time equal to the duration of the repair; and (iii) It shall be the responsibility of the tenant or tenants to find other accommodations during the period of repair. (b) Notwithstanding this section, any additional operating expenses incurred by the seller or landlord because of the emergency, disaster, or severe weather warning that can be documented may be passed on to the consumer. In the case of a residential dwelling unit, if rent increases are contained in a written instrument that was signed by the tenant before the declaration or severe weather warning, the increases may take place pursuant to the written instrument. (c) The prohibitions under subsection (a) shall remain in effect until 24 hours after the severe weather warning is canceled by the issuing agency; or in the event of a declaration, 72 hours after the effective date and time of the declaration, unless the prohibition is identified and continued and the types of commodities are identified by the governor or mayor in the proclamation or any supplementary proclamation. Any proclamation issued under this chapter that fails to state the time at which it will take effect, shall take effect at noon on the day on which it takes effect.
Idaho	Idaho Code §48-603	Declared disaster or emergency	The following unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared to be unlawful, where a person knows, or in the exercise of due care should know, that he has in the past, or is: (19) (a) Taking advantage of a disaster or emergency declared by the governor under chapter 10, title 46, Idaho Code, or the president of the United States under the provisions of the disaster relief act of 1974, 42 U.S.C. 5121 et seq., by selling or offering to sell fuel or food, pharmaceuticals, or water for human consumption at an exorbitant or excessive increased price to the ultimate consumer; provided however, this subsection shall apply only to the location and for the duration of the declaration of emergency. In determining whether an increase in price to the ultimate consumer is exorbitant or excessive, the court shall consider an increase in the price of goods sold but shall not consider any increase in the margin earned through such sales and, with respect to price increases, shall take into consideration the facts and circumstances, including but not limited to: (i) The increased price, if any, for which the alleged violator sold fuel, food, pharmaceuticals, or water to the ultimate consumer before and after the period specified by the disaster or emergency declaration; (ii) Additional costs of doing business incurred by the alleged violator and increased prices due to loss of sales or volume sold because of the disaster or emergency; and (iii) The duration of the disaster or emergency declaration. (b) Notwithstanding anything to the contrary contained elsewhere in this chapter, no private cause of action exists under this subsection.
Illinois	Ill. Admin. Code tit.14, §465.10 et seq.	Petroleum products in market emergency	a) It shall be an unfair or deceptive act or practice, during any market emergency, for any petroleum-related business to sell or offer to sell any petroleum product for an amount that represents an unconscionably high price. b) A price is unconscionably high if: 1) the amount charged represents a gross disparity between the price of the petroleum product and: A) the price at which the same product was sold or offered for sale by the petroleum-related business in the usual course of business immediately prior to the onset of the market emergency, or B) the price at which the same or similar petroleum product is readily obtainable by other buyers in the trade area; and 2) the disparity is not substantially attributable to increased prices charged by the petroleum-related business suppliers or increased costs due to an abnormal market disruption. c) There is a rebuttable presumption that a market emergency lasts for 45 days from the occurrence of the market disruption or other event that constitutes the market emergency.
Indiana	Ind. Code §4-6-9.1-1 et seq.	Declared emergencies – fuel	For purposes of this chapter, "price gouging" means charging a consumer an unconscionable amount for the sale of fuel. Price gouging occurs if: (1) the amount charged grossly exceeds the average price at which fuel was readily obtainable within the retailer's trade area during the seven days immediately before the declaration of emergency; and (2) the increase in the amount charged is not attributable to cost factors to the retailer, including replacement costs, taxes, and transportation costs incurred by the retailer.
Iowa	Iowa Code §714.16 Iowa Admin. Code §61-31.1(714)	Disasters	The charge of excessive prices for merchandise needed by victims of disasters is hereby declared to constitute an unfair practice under the Consumer Fraud Act, Iowa Code section 714.16 (1993), and is subject to all penalties provided therein. For purposes of this rule, a per se violation of the Act exists when it is shown that a person has charged an excessive price for merchandise to be provided to persons within an area declared to be a disaster area during the period of any declaration of emergency and for the subsequent recovery period. This includes, but is not limited to, the provision of water, food, medicines, sanitation supplies, utilities, building materials, and materials, goods, or services for cleanup or repair. For the purposes of this rule, the “subsequent recovery period” is that period when the disaster continues to cause market disruptions in the disaster area, but shall not exceed six months from the date of the declaration of emergency. An “excessive price” is one that is not justified by the seller's actual costs of acquiring, producing, selling, transporting, and delivering the actual product sold, plus a reasonable profit. In calculating the seller's actual costs, no allowance shall be made for the replacement costs of merchandise if the seller is reasonably assured of recouping the replacement costs as a part of the price of subsequent sales of the merchandise. The existence of an excessive price shall be presumed from a substantial increase in the price of any merchandise over the price at which the merchandise was sold or offered for sale in the usual course of business immediately prior to the onset of the emergency or from a substantial increase in the markup from cost if wholesale prices or costs have increased.
Kansas	Kan. Stat. Ann. §50-6,106	Disasters	(b) As used in this section: (1) "Profiteer from a disaster" means unjustifiably increasing during a time of disaster the price at which any necessary property or service is offered for sale to consumers. Actual sales at the increased price shall not be required for the increase to be considered unconscionable. In determining whether the price increase described in this subsection is unjustified, the court shall consider all relevant circumstances including, but not limited to, the following: (A) Whether the price charged by the supplier during the time of disaster grossly exceeded the price charged by the supplier for similar property or services on the business day before the disaster, and an increase of more than 25% shall be prima facie evidence of gross excess. (B) Whether the amount charged by the supplier during the time of disaster grossly exceeded the price at which the same or similar property or services were readily obtainable by other consumers in the trade area, and a price difference of more than 25% shall be prima facie evidence of gross excess; and (C) Whether the increase in the amount charged by the supplier during the time of disaster was attributable to additional costs incurred by the supplier in connection with the sale of the product or service, and proof the supplier incurred such additional costs shall be prima facie evidence that the price increase was justified when such additional costs were actually incurred by the supplier during the period in which the substantially increased price was being charged.
Kentucky	Ky. Rev. Stat. §367.372 et seq.	States of emergency	(1) (b) No person shall sell, rent, or offer to sell or rent, regardless of whether an actual sale or rental occurs, a good or service listed in this paragraph or any repair or reconstruction service for a price which is grossly in excess of the price prior to the declaration and unrelated to any increased cost to the seller. Goods and services to which this section applies are: 1. Consumer food items. 2. Goods or services used for emergency cleanup, 3. Emergency supplies. 4. Medical supplies. 5. Home heating oil. 6. Building materials. 7. Housing. 8. Transportation, freight, and storage services. 9. Gasoline or other motor fuels. 10. Direct care staff services provided by a health care services agency as defined in KRS 216.718. (c) A person's price does not violate this subsection if it is: 1. Related to an additional cost imposed by a supplier of a good or other costs of providing the good or service, including an additional cost for labor or materials used to provide a service. 2. 10% or less above the price prior to the declaration. 3. 10% or less above the sum of the person's costs and normal markup for a good or service. 4. Generally consistent with fluctuations in applicable commodity, regional, national, or international markets, or seasonal fluctuations; or 5. A contract price, or the result of a price formula, established prior to the order implementing this subsection. (d) Whether a price violates this subsection is a question of law. In determining if a violation of this subsection has occurred, the court shall consider all relevant circumstances, including prices prevailing in the locality at that time.
Louisiana	La. Rev. Stat. Ann. §29:723 La. Rev. Stat. Ann. §29:724 La. Rev. Stat. Ann. §29:732	Abnormal economic disruption States of emergency	H. (1) Upon the declaration of an abnormal economic disruption by the governor by proclamation or executive order, and continuing for a maximum of 15 calendar days, a person is prohibited from charging any other person a price for any of the following goods or services that is grossly in excess of the price generally charged for the same or similar goods or services in the usual course of business: (a) Consumer food items. (b) Repair or construction services. (c) Emergency supplies. (d) Medical supplies. (e) Building materials. (f) Motor vehicle fuels. (g) Transportation, freight, and storage services. (h) Housing. (2) A declaration of an abnormal economic disruption by the governor may authorize all departments to exercise actions in direct response and specify that only certain goods or services are covered by the prohibition provided by Paragraph (1) of this Subsection. (3) A price increase is not grossly excessive if the increase was attributable to any of the following. (a) Fluctuations of pricing in applicable regional, national, or international commodity markets. (b) Pricing set forth in any preexisting agreement, including stored and in-transit inventory. (c) Additional costs imposed on the person by the supplier of the goods or services. (d) Additional costs for labor, services, or materials used to provide the goods or services, including costs of replacement inventory, additional costs to transport goods or services, and additional labor charges. (4) The provisions of R.S. 29:732 shall supersede any conflicting provisions of this Subsection upon the declaration of a state of emergency implementing the provisions of R.S. 29:732. During a state of emergency as declared by the governor or as declared by the parish president, the prices charged or value received for goods and services sold within the designated emergency area may not exceed the prices ordinarily charged for comparable goods and services in the same market area at or immediately before the time of the state of emergency, unless the price by the seller is attributable to fluctuations in applicable commodity markets, fluctuations in applicable regional or national market trends, or to reasonable expenses and charges and attendant business risk incurred in procuring or selling the goods or services during the state of emergency.
Maine	Me. Rev. Stat. Ann. tit. 10, §1105 Me. Rev. Stat. Ann. tit. 10, §1106	Abnormal market disruption Profiteering in rents	1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. D. “Unconscionable price” means a price that is actionable under this section. There is a rebuttable presumption that a price is unconscionable when it exceeds by more than 15% the sum of: (1) The price at which similar goods or services were offered for sale or sold by that person immediately prior to the beginning date of the abnormal market disruption. If that person did not offer such goods or services immediately prior to the abnormal market disruption, then the price is the price at which similar goods or services were offered for sale or sold by another person similarly situated prior to the abnormal market disruption; and (2) The increased cost calculated according to the method used by that person prior to the abnormal market disruption. 3. Profiteering prohibited. After the governor has declared an abnormal market disruption and before the declaration of the abnormal market disruption expires, a person may not sell or offer for sale necessities at an unconscionable price. Whoever demands or collects an unreasonable or unjust rent or charge, taking into due consideration the actual market value of the property at the time, with a fair return thereon, or imposes an unreasonable or unjust term or condition, for the occupancy of a mobile home park lot or of any building or any part thereof, rented or hired for dwelling purposes, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 11 months, or by both.
Maryland	Md. Public Safety Code Ann. §14-1301 et seq.	State of emergency	(a) Except as provided in subsection (c) of this section, during a state of emergency, in the geographic area covered by the state of emergency declaration, a person may not sell or offer to sell goods or services designated as essential by the governor for a price of 15% or more above the highest price at which the person made actual sales or rentals of those essential goods or services between: (1) 60 days before the state of emergency declaration; and (2) Four days before the state of emergency. (b) Except as provided in subsection (c) of this section, during a state of emergency and for the 90 days following the end of the state of emergency, a person may not sell or offer to sell repair or reconstruction services used for emergency cleanup for a price of 15% or more above the average price charged by the person for those services during the 30 days before the state of emergency. (c) A person may increase a price by 15% or more for goods and services if the person can prove that: (1) The price increase is directly attributable to additional costs imposed on the person by the supplier of goods, including replacement costs, costs of credit, and credit card processing costs; (2) The price increase is directly attributable to additional costs for labor or materials used to provide the service or produce the goods, including costs to repair any damage relating to the state of emergency; or (3) The price increase is consistent with seasonal prices charged by the person based on historical data showing prices charged during the season over the past three years.
Massachusetts	Code of Mass. Reg. tit. 940, §3.18	Petroleum products	(2) A price is unconscionably high if: (a) the amount charged represents a gross disparity between the price of the petroleum product and 1. the price at which the same product was sold or offered for sale by the petroleum-related business in the usual course of business immediately prior to the onset of the market emergency, or 2. the price at which the same or similar petroleum product is readily obtainable by other buyers in the trade area; and (b) the disparity is not substantially attributable to increased prices charged by the petroleum-related business suppliers or increased costs due to an abnormal market disruption. (3) It shall be an unfair or deceptive act or practice, during any declared statewide or national emergency, for any business at any point in the chain of distribution or manufacture to sell or offer to sell to any consumer or to any other business any goods or services necessary for the health, safety or welfare of the public for an amount that represents an unconscionably high price. (4) A price is unconscionably high for the purposes of 940 CMR 3.18(3) if: (a) there is gross disparity between the price charged or offered; and 1. the price at which the same good or service was sold or offered for sale by the business in the usual course of business immediately prior to the onset of the declared statewide or national emergency; or 2. the price at which the same or similar product is readily obtainable from other businesses; and (b) the disparity is not substantially attributable to increased prices charged by the business's suppliers or increased costs due to an abnormal market disruption.
Michigan	Mich. Comp. Laws §445.903	Charging the consumer a price that is grossly in excess of the price at which similar property or services are sold	(1) Unfair, unconscionable, or deceptive methods, acts, or practices in the conduct of trade or commerce are unlawful and are defined as follows: (z) Charging the consumer a price that is grossly in excess of the price at which similar property or services are sold.
Minnesota	Minn. Stat. §325E.80	Abnormal market disruptions or severe thunderstom	Subdivision 1. Definitions. (a) For purposes of this section, the terms in this subdivision have the meanings given. (f) “Unconscionably excessive price” means a price that represents a gross disparity compared to the seller's average price of an essential good or service, offered for sale or sold in the usual course of business, in the 60-day period before an abnormal market disruption is declared under subdivision 2. None of the following is an unconscionably excessive price: (1) A price that is substantially related to an increase in the cost of manufacturing, obtaining, replacing, providing, or selling a good or service. (2) A price that is no more than 25% above the seller's average price during the 60-day period before an abnormal market disruption is declared under subdivision 2. (3) A price that is consistent with the fluctuations in applicable commodity markets or seasonal fluctuations; or (4) A contract price, or the results of a price formula, that was established before an abnormal market disruption is declared under subdivision 2. Subd. 4. Prohibition. If the governor declares an abnormal market disruption, a person is prohibited from selling or offering to sell an essential consumer good or service for an amount that represents an unconscionably excessive price during the period in which the abnormal market disruption declaration is effective. Subd. 5. Prices and rates. Upon the occurrence of a weather event classified as a severe thunderstorm pursuant to the criteria established by the National Oceanic and Atmospheric Administration, a residential building contractor, tree trimmer, or restoration and mitigation services provider operating within the geographic region impacted by the weather event and repairing damage caused by the weather event shall not: (1) Charge an unconscionably excessive price for labor in comparison to the market price charged for comparable services in the geographic region impacted by the weather event; or (2) Charge an insurance company a rate that exceeds what the residential building contractor, tree trimmer, or restoration and mitigation services provider would otherwise charge a member of the general public.
Mississippi	Miss. Code Ann. §75-24-25	States of emergency	Whenever, under the Mississippi Emergency Management Law, sections 33-15-1 through 33-15-49, a state of emergency or a local emergency is declared to exist in this state, then the value received for all goods and services sold within the designated emergency impact area shall not exceed the prices ordinarily charged for comparable goods or services in the same market area at or immediately before the declaration of a state of emergency or local emergency. However, the value received may include: any expenses, the cost of the goods and services which are necessarily incurred in procuring such goods and services during a state of emergency or local emergency. The prices ordinarily charged for comparable goods or services in the same market area do not include temporarily discounted goods or services. The same market area does not necessarily mean a single provider of goods or services.
Missouri	Mo. Admin. Code tit. 15, §60-8.030	Extreme temporary conditions or disaster	(1) It is an unfair practice for any person in connection with the advertisement or sale of merchandise to: (A) Take advantage of a person's physical or mental impairment or hardship caused by extreme temporary conditions, and charge a price substantially above the previous market price of the merchandise in seller's trade area; (B) Charge within a disaster area an excessive price for any necessity; or (C) Charge any person an excessive price for any necessity which the seller has reason to know is likely to be provided to consumers within a disaster area.
Montana	None
Nebraska	None
Nevada	Nev. Rev. Stat. §598.09235	State of emergency or declaration of disaster	1. A person engages in a “deceptive trade practice” when, during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070 that has been in effect for 75 days or less, the person sells, rents or offers to sell or rent any of the following goods or services in an emergency or disaster area for a price that is grossly in excess of the usual price for that good or service: (a) Consumer goods and services used, bought or rendered primarily for personal, family or household purposes. (b) Medical supplies and services used for the care, cure, mitigation, treatment or prevention of any illness or disease. (c) Services related to the repair or reconstruction of property; or (d) Any other goods or services that are commonly used in responding to the type of emergency or disaster for which the state of emergency or declaration of disaster was proclaimed. 2. Whether a price for a good or service is grossly in excess of the usual price for that good or service for the purposes of subsection 1 is a question of law to be determined by considering all relevant circumstances, including, without limitation, the price of the good or service prevailing in the emergency or disaster area in the 30 days before the state of emergency or declaration of disaster was proclaimed. 3. A price for a good or service is not grossly in excess of the usual price for that good or service for the purposes of subsection 1 if the price is: (a) Related to an additional or increased cost imposed by a supplier of a good or other costs of providing the good or service, including, without limitation, an additional or increased cost for labor or materials used to provide a service. (b) For a good or service which is sold, rented or offered to be sold or rented for a price that: (1) Does not exceed $250, 15% or less above the usual price for the good or service. (2) Exceeds $250 but does not exceed $750, 10% or less above the usual price for the good or service; or (3) Exceeds $750, 5% or less above the usual price of the good or service. (c) 10% or less above the sum of the costs to the person and the normal markup for a good or service. (d) Generally consistent with seasonal fluctuations or fluctuations in applicable commodity, regional, national or international markets; or (e) A contract price, or the result of a price formula, established before the state of emergency or declaration of disaster was proclaimed. 6. As used in this section: (b) “Usual price” means: (1) If a person sold, rented or offered to sell or rent a good or service at a price other than as described in subparagraph (2) in an emergency or disaster area within the 30 days before the state of emergency or declaration of disaster was proclaimed pursuant to NRS 414.070, the price at which the person sold, rented or offered to sell or rent the good or service. (2) If a person sold, rented or offered to sell or rent a good or service at a reduced price in an emergency or disaster area within the 30 days before the state of emergency or declaration of disaster was proclaimed pursuant to NRS 414.070, the price at which the person usually sells, rents or offers to sell or rent the good or service in the emergency or disaster area. (3) If a person did not sell, rent or offer to sell or rent a good or service in an emergency or disaster area within the 30 days before the state of emergency or declaration of disaster was proclaimed pursuant to NRS 414.070, the price at which the good or service was generally available in the emergency or disaster area in the 30 days before the state of emergency or declaration of disaster was proclaimed.
New Hampshire	None
New Jersey	N.J. Rev. Stat. §56:8-107 et seq.	Emergencies and disasters	As used in this act: "Excessive price increase" means a price that is excessive as compared to the price at which the consumer good or service was sold or offered for sale by the seller in the usual course of business immediately prior to the state of emergency. A price shall be deemed excessive if: (1) The price exceeds by more than 10% the price at which the good or service was sold or offered for sale by the seller in the usual course of business immediately prior to the state of emergency, unless the price charged by the seller is attributable to additional costs imposed by the seller's supplier or other costs of providing the good or service during the state of emergency. (2) In those situations where the increase in price is attributable to additional costs imposed by the seller's supplier or additional costs of providing the good or service during the state of emergency, the price represents an increase of more than 10% in the amount of markup from cost, compared to the markup customarily applied by the seller in the usual course of business immediately prior to the state of emergency.
New Mexico	None
New York	N.Y. General Business Law §396-r N.Y. General Business Law §396-rr	Abnormal disruption of the market Milk	3. Whether a price is unconscionably excessive is a question of law for the court. (a) The court's determination that a violation of this section has occurred shall be based on any of the following factors: (i) that the amount of the excess in price is unconscionably extreme; or (ii) that there was an exercise of unfair leverage or unconscionable means; or (iii) a combination of both factors in subparagraphs (i) and (ii) of this paragraph. (b) In any proceeding commenced pursuant to subdivision four of this section, prima facie proof that a violation of this section has occurred shall include evidence that: (i) The amount charged represents a gross disparity between the price of the goods or services which were the subject of the transaction and their value measured by the price at which such goods or services were sold or offered for sale by the defendant in the usual course of business immediately prior to the onset of the abnormal disruption of the market; or (ii) The amount charged grossly exceeded the price at which the same or similar goods or services were readily obtainable in the trade area. (c) A defendant may rebut a prima facie case with evidence that (1) the increase in the amount charged preserves the margin of profit that the defendant received for the same goods or services prior to the abnormal disruption of the market or (2) additional costs not within the control of the defendant were imposed on the defendant for the goods or services. 4. Whether a price is unconscionably excessive is a question of law for the court. Evidence that: (a) The price charged at retail for fluid milk represents a gross disparity between the raw milk price paid to producers plus a reasonable handler's processing and distribution charge and the price at retail; or (b) The price charged at retail for fluid milk increased a greater amount than the price increased for an equivalent volume paid to producers under an order or interim price of the commissioner pursuant to section 258-m of the Agriculture and Markets Law; and (c) In addition to paragraphs (a) and (b) of this subdivision, the increased price charged by the person was not attributable to additional charges imposed by its suppliers, or other charges beyond the control of the person, including the cost of labor, shall constitute prima facie proof of a violation of this section in any proceeding commenced by the attorney general pursuant to subdivision five of this section.
North Carolina	N.C. Gen. Stat. §75-37 et seq. N.C. Gen. Stat. §166A-19.23	States of disaster, states of emergency, or abnormal market disruptions	(a) Upon a triggering event, it is prohibited and shall be a violation of G.S. 75-1.1 for any person to sell or rent or offer to sell or rent any goods or services which are consumed or used as a direct result of an emergency or which are consumed or used to preserve, protect, or sustain life, health, safety, or economic well-being of persons or their property with the knowledge and intent to charge a price that is unreasonably excessive under the circumstances. This prohibition shall apply to all parties in the chain of distribution, including, but not limited to, a manufacturer, supplier, wholesaler, distributor, or retail seller of goods or services. This prohibition shall apply in the area where the state of disaster or emergency has been declared or the abnormal market disruption has been found. In determining whether a price is unreasonably excessive, it shall be considered whether: (1) The price charged by the seller is attributable to additional costs imposed by the seller's supplier or other costs of providing the good or service during the triggering event. (2) The price charged by the seller exceeds the seller's average price in the preceding 60 days before the triggering event. If the seller did not sell or rent or offer to sell or rent the goods or service in question prior to the time of the triggering event, the price at which the goods or service was generally available in the trade area shall be used as a factor in determining if the seller is charging an unreasonably excessive price. (3) The price charged by the seller is attributable to fluctuations in applicable commodity markets; fluctuations in applicable regional, national, or international market trends; or to reasonable expenses and charges for attendant business risk incurred in procuring or selling the goods or services.
North Dakota	None
N. Mariana Islands	N. Mari. Code tit. 4, §5141 et seq.	Typhoon condition two, or tropical storm condition one, or in case of the governor's declaration of a state of significant emergency or a state of major disaster	(a) Declaration. Upon the governor's declaring that the commonwealth is in typhoon condition two, or tropical storm condition one, or in case of the governor's declaration of a state of significant emergency or a state of major disaster, pursuant to his or her constitutional power to do so, the governor may declare a price freeze, which shall last until the governor rescinds the price freeze, or the declaration of emergency or disaster is terminated. (b) Effects. Upon the declaration of a price freeze, all prices of items for sale, and housing rentals including apartments and condos, shall be frozen until the governor rescinds the price freeze or the declaration of emergency or disaster is terminated. (c) Price Increases Illegal During Duration of the Freeze. While a price freeze is in effect, it shall be illegal to raise the price of any of items for sale or housing rentals including apartments and condos.
Ohio	Ohio Rev. Code Ann. §1345.03		(A) No supplier shall commit an unconscionable act or practice in connection with a consumer transaction. Such an unconscionable act or practice by a supplier violates this section whether it occurs before, during, or after the transaction. (B) In determining whether an act or practice is unconscionable, the following circumstances shall be taken into consideration: (2) Whether the supplier knew at the time the consumer transaction was entered into that the price was substantially in excess of the price at which similar property or services were readily obtainable in similar consumer transactions by like consumers.
Oklahoma	Okla. Stat. tit. 15, §777.1 et seq. Okla. Stat. tit. 62, §2203.1 et seq.	Emergencies Disaster relief materials	A. No person for the duration of a declaration of emergency by the governor of this state or by the president of the United States and for 30 days thereafter shall sell, rent, or lease, or offer to sell, rent, or lease, for delivery in the emergency area, any goods, services, dwelling units, or storage space in the emergency area at a rate or price which is more than 10% above the rate or price charged by the person for the same or similar goods, services, dwelling units, or storage spaces immediately prior to the declaration of emergency unless the increase in the rate or price is attributable: 1. To price increases in petroleum and natural gas commodity markets; or 2. Only to factors unrelated to the emergency and does not include any increase in profit to the seller or owner. B. Upon the expiration of the period described in subsection A of this section and for 180 days thereafter, no person shall, within the emergency area, rent or lease or offer to rent or lease any dwelling unit or storage space or sell or offer to sell goods for use within the emergency area to repair, restore, remodel, or construct any dwelling unit for a price of more than 10% above the price charged by that person for the dwelling unit, storage space, or goods immediately prior to the declaration of emergency unless the increase in the price is attributable to: 1. Price increases in petroleum and natural gas commodity markets; or 2. Factors unrelated to the emergency and does not include any increase in profit to the seller or owner. C. A rate or price increase approved by the appropriate governmental agency is not a violation of this act. D. This section shall not apply to growers, producers, or processors of raw or processed food products, except for retail sales of such products to a consumer. E. This section shall not apply to sales, rentals, or leases of goods from a catalog when the catalog is made available in the normal course of business both prior to and after the declaration of emergency to all persons regardless of location in the emergency area. F. This section shall not apply to advertised rates and prices which are subject to a published expiration date within or immediately prior to the declaration of emergency. A. Notwithstanding the provisions of the Emergency Price Stabilization Act, a retailer or wholesaler shall not, in connection with the advertisement or sale of disaster relief materials: 1. Take advantage of the physical or mental impairment or hardship of a person caused by extreme temporary conditions and charge an excessive price for disaster relief materials. 2. Charge within a disaster area an excessive price for any disaster relief materials; or 3. Charge any person an excessive price for disaster relief materials which the seller has reason to know is likely to be provided to consumers within a disaster area. B. Notwithstanding the provisions of the Emergency Price Stabilization Act, a retailer shall not advertise, offer to sell, or sell at retail disaster relief materials at less than cost to the retailer with the intent and purpose of inducing the purchase of disaster relief materials or of unfairly diverting trade from a competitor or otherwise injuring a competitor, impair and prevent fair competition, injure public welfare, where the result of such advertising, offer or sale is to tend to deceive any purchaser or prospective purchaser, or to substantially lessen competition, or to unreasonably restrain trade, or to tend to create a monopoly in any line of commerce. C. Notwithstanding the provisions of the Emergency Price Stabilization Act, a wholesaler shall not advertise, offer to sell, or sell disaster relief materials at less than cost to the wholesaler with the intent and purpose of inducing the purchase of disaster relief materials or of unfairly diverting trade from a competitor or otherwise injuring a competitor, impair and prevent fair competition, injure public welfare, where the result of such advertising, offer or sale is to tend to deceive any purchaser or prospective purchaser, or to substantially lessen competition, or to unreasonably restrain trade, or to tend to create a monopoly in any line of commerce.
Oregon	Or. Rev. Stat. §401.960 et seq.	Abnormal disruption of market	(3) It is a question of law whether a price is unconscionably excessive. Proof that a price is unconscionably excessive may be shown by evidence that: (a) The amount charged for essential consumer goods or services exceeds by 15% or more the price at which the goods or services were sold or offered for sale by the merchant or wholesaler in the usual course of business immediately prior to or during a declaration of an abnormal disruption of the market; or (b) The amount charged for the essential consumer goods or services exceeds by 15% or more the price at which the same or similar consumer goods or services were readily obtainable by other consumers in or near the geographical area covered by the declaration of an abnormal disruption of the market.
Pennsylvania	Pa. Stat. tit. 73, §232.1 et seq.	Disaster emergencies	(a) Prohibition.--During and within 30 days of the termination of a state of disaster emergency declared by the governor pursuant to the provisions of 35 Pa.C.S. section 7301(c) (relating to general authority of governor), it shall be a violation of this act for any party within the chain of distribution of consumer goods or services or both to sell or offer to sell the goods or services within the geographic region that is the subject of the declared emergency for an amount which represents an unconscionably excessive price. (b) Evidence of unconscionably excessive price.--It is prima facie evidence that a price is unconscionably excessive if, during and within 30 days of the termination of a state of disaster emergency, parties within the chain of distribution charge a price that exceeds an amount equal to or in excess of 20% of the average price at which the same or similar consumer goods or services were obtainable in the affected area during the last seven days immediately prior to the declared state of emergency. (c) Nonapplicability. (1) The provisions of this section shall not apply if the increase in price is due to a disparity that is substantially attributable to additional costs that arose within the chain of distribution in connection with the sale of consumer goods or services, including replacement costs, credit card costs, taxes and transportation costs. (2) The provisions of this act shall not apply to the sale of goods or services sold by a person pursuant to a tariff or rate approved by a federal or commonwealth agency with power and authority over sales of such goods or services. (d) Price reduction.—A person selling consumer goods or services who receives any price reduction, after an increase in his cost which is substantially attributable to costs that arose within the chain of distribution as set forth in subsection (c), may rebut an allegation of selling at an unconscionably excessive price if he reduces the price by a like amount within a reasonable period, not to exceed seven days, of acquiring the consumer good or service at such reduced price.
Puerto Rico	P.R. Code Ann. tit. 23, §731 et seq. 2017 Public Law 114 2019 Public Law 52	Disasters	(a) Whenever in the judgment of the administrator the price or prices of staple commodities (as these may be determined finally by a public order of the administrator and for the determination of which the administrator is hereby authorized) have risen or threaten to rise in a manner inconsistent with the purposes of sections 731-745 of this title, or whenever in the judgment of the administrator the sales price or prices of staple commodities are out of proportion to the prices prevailing at the supply sources, or to the production cost or costs of raw materials involved, or to the regulating market which normally determines the price of said staple commodities, or whenever in the judgment of the administrator said sales price or prices determine excessive or above-normal profits, or when the sales price or prices do not drop according to the decrease sustained or that may have been sustained by the staple commodities at the supply sources, or according to the regulating market, the Administrator may, by regulation or order, establish such maximum prices or maximum profits as in his judgment may be generally fair and equitable, and likewise he may make such readjustment, of maximum prices or maximum profits, previously fixed, as will effectuate the purposes of sections 731-745 of this title. Whenever practicable, the administrator shall, in fixing maximum prices for staple commodities, take into consideration such factors of importance as prevailing wages and salaries, general purchasing power, the requirements of the people of Puerto Rico, the cost of staple commodities, including taxes thereon, and the cost of distribution and transportation thereof. The administrator also may, in harmony with the purposes of sections 731-745 of this title, and when in his judgment it would be necessary to meet the basic needs of the people of Puerto Rico, or to maintain basic industries in the Island for consumer subsistence, in case of emergency, or to avoid the displacement of workers affected by the elimination of industries, or for the maintenance of prevailing wages and salaries, or for the development of local industries, establish, by regulation or order, such minimum prices or minimum profits as in his judgment may be fair and equitable, and he may, likewise, readjust such minimum prices or minimum profits as may have been previously fixed, all of the foregoing with the same consequences as the maximum prices schedules. The administrator shall, in fixing minimum prices or minimum profits for staple commodities, take into consideration such factors of importance as prevailing wages and salaries, general purchasing power, the requirements of the people of Puerto Rico, the cost of staple commodities, including taxes thereon, and the cost of distribution and transportation thereof, the prevailing price in Puerto Rico of the staple commodities on the date of the rule or order, the prevailing price of the staple commodities in the past or in normal times, the price in other production areas, the normal profit margins and the advantages of producing the staple commodities locally. The administrator shall not have power or authority to change or alter, by regulation, order, or price schedule, the price of any staple commodity that may have been fixed by law.
Rhode Island	R.I. Gen. Laws §6-13-21 R.I. Gen. Laws. §11-36-12 R.I. Gen. Laws §39-12-13 R.I. Gen. Laws §39-14-2.2	State of emergency Profiteering on tickets for common carriers Gasoline price emergency surcharge Gasoline price emergency surcharge for taxis	(b) As used in this section: (1) “Unconscionably high price” means the amount charged represents a gross disparity between the average prices at which the same or similar commodity was readily available and sold or offered for sale within the local trade area in the usual course of business during the 30 days immediately before the declaration of the market emergency and the additional charges are not substantially attributable to increased cost to retailers, imposed by their suppliers, including replacement costs imposed by the vendors' source. Additionally, the average price calculation during said 30-day period shall not include discounted prices set and offered as a result of bona fide manufacturer's or supplier's limited discounts or rebates. (i) Under a federal disaster declaration by the president or upon a declaration of a state of emergency by the governor, it is unlawful and a violation of chapter 13 of title 6, and section 30-15-9(e)(12), to sell, or offer to sell, at an unconscionably high price, any essential commodity. (2) “Price gouging” means charging a consumer an unconscionably high price for essential commodities during a declared market emergency. No person shall resell or offer for resale a ticket or tickets for passage of a person on a common carrier at an increase in price in excess of $1 over the established rate for the passage and, whenever the resale is completed, the seller shall give to the purchaser a receipt indicating the amount paid for the ticket or tickets. (b) The administrator shall implement a gasoline price emergency surcharge program whereby a person licensed under this chapter to perform “driveaway-towaway operations” shall be permitted to impose and collect a surcharge, during such times and under such conditions wherein the administrator determines that the average price of gasoline in this state exceeds $1.50 per gallon. Provided, that the administrator shall have discretion as to when to permit such surcharge to be imposed, except that the administrator shall not impose the surcharge at any time when the average price of gasoline, as determined by the administrator, does not exceed the price of $1.50 per gallon. (c) The administrator shall implement a diesel price emergency surcharge program whereby a person licensed under sections 39-3-3, 39-3-3.1, or 39-3-4 to perform as a “common carrier of persons and/or property upon water between termini within the state,” providing “lifeline” service as determined by the division, shall be permitted to impose and collect a surcharge for each passenger and vehicle carried, during periods when it is determined that the average retail price of diesel fuel in this state exceeds $1.20 per gallon; provided, however, that no such surcharge shall be authorized for carriers providing service that is determined by the division to be “discretionary” in nature. (e) The administrator shall implement a gasoline price emergency surcharge program whereby a taxicab or limited public motor vehicle licensed under this chapter shall be permitted to impose and collect a surcharge, during such times and under such conditions wherein the administrator determines that the average price of gasoline in this state exceeds $1.50 per gallon. Provided, that the administrator shall have discretion as to when to permit such surcharge to be imposed, except that the administrator shall not impose the surcharge at any time when the average price of gasoline, as determined by the administrator, does not exceed the price of $1.50 per gallon.
American Samoa	Not available
South Carolina	S.C. Code Ann. §16-7-10 S.C. Code Ann. §39-5-145	State of emergency or disaster State of emergency	(A) In any area designated by the governor in his proclamation that a state of emergency exists, and during the duration of the proclamation, it is unlawful for a person to: (3) Charge unconscionable prices during a declared state of emergency or disaster, as described in section 39-5-145, or knowingly and willfully use a misleading practice or device to solicit the contribution or sale of goods or services for charitable purposes in connection with a declared state of emergency or disaster, as described in section 39-5-147. (A)(5)(a) "Unconscionable price" means an amount charged which: (i) represents a gross disparity between the price of the commodity or rental or lease of a dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the 30 days immediately before a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of the dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility, or local, regional, national, or international market trends; or (ii) grossly exceeds the average price at which the same or similar commodity, dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility was readily obtainable in the trade area during the 30 days immediately before a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of the dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility, or local, regional, national, or international market trends. (b) It is prima facie evidence that a price is unconscionable if it meets the definition of item (i) or (ii).
South Dakota	None
Tennessee	Tenn. Code Ann. §47-18-5101 et seq.	Abnormal economic disruption	(a)(1) Upon the declaration of an abnormal economic disruption by the governor by proclamation or executive order, and continuing for a maximum of 15 calendar days, unless extended by a subsequent declaration in any county or municipality covered by the abnormal economic disruption, a person is prohibited from charging any other person a price for the following goods or services that is grossly in excess of the price generally charged for the same or similar goods or services in the usual course of business: (A) Consumer food items. (B) Repair or construction services. (C) Emergency supplies. (D) Medical supplies. (E) Building materials. (F) Gasoline. (G) Transportation, freight, and storage services. (H) Housing; or (I) Temporary healthcare staffing provided by a temporary healthcare staffing agency as defined by section 68-11-2301. (2) A declaration of an abnormal economic disruption by the governor may specify that only certain goods or services are covered by the prohibition described in subdivision (a)(1). (b) A price increase is not grossly excessive if the increase was directly attributable to: (1) Price increases in applicable regional, national, or international commodity markets. (2) Pricing set forth in any pre-existing agreement, including stored and in-transit inventory. (3) Additional costs imposed on the person by the supplier of the goods or services; or (4) Additional costs for labor, services, or materials used to provide the goods or services, including costs of replacement inventory, additional costs to transport goods or services, and additional labor charges.
Texas	Tex. Business & Commerce Code Ann. §17.46 Tex. Business & Commerce Code Ann. §17.4625	Disasters	(b) Except as provided in Subsection (d) of this section, the term "false, misleading, or deceptive acts or practices" includes, but is not limited to, the following acts: (27) Subject to section 17.4625, taking advantage of a disaster declared by the governor under Chapter 418, Government Code, or by the president of the United States by: (A) Selling or leasing fuel, food, medicine, lodging, building materials, construction tools, or another necessity at an exorbitant or excessive price; or (B) Demanding an exorbitant or excessive price in connection with the sale or lease of fuel, food, medicine, lodging, building materials, construction tools, or another necessity.
Utah	Utah Code Ann. §13-41-101 et seq.	State of emergency	For purposes of this chapter: (4) "Excessive price" means: (a) For a person that sold the good or provided the service in the 30-day period immediately preceding the day on which a state of emergency is declared: (i) a price for a good or service that exceeds by more than 10% the highest price the person charged for the good or service in the 30-day period immediately preceding the day on which the state of emergency is declared; or (ii) if the person's total cost for the good or service exceeds the average total cost to the person for the good or service in the 30-day period immediately preceding the day on which the state of emergency is declared, a price that exceeds by more than 10% the sum of: (A) The total cost to the person for the good or service; and (B) the person's customary margin; or (b) For a person that did not sell the good or provide the service in the 30-day period immediately preceding the day on which a state of emergency is declared, a price for a good or service that is more than twice the person's total cost for the good or service.
Vermont	Vt. Stat. Ann. tit. 9, §2461d	Petroleum and heating fuel products	(c) A price is unconscionably high if: (1) The amount charged during the market emergency or seven days prior thereto represents a gross disparity between the price of the petroleum product or heating fuel product charged by the petroleum or heating fuel related business and: (A) The price at which the same product was sold or offered for sale by that business in the usual course of business immediately prior to the date of the declaration of the market emergency; or (B) The price at which the same or similar petroleum product or heating fuel product is readily obtainable by the buyer and other buyers in the trade area in which the petroleum- or heating-fuel-related business markets the product; and. (2) The disparity is not substantially attributable to increased prices charged by the petroleum product or heating fuel product suppliers or increased costs due to a market emergency.
Virginia	Va. Code §59.1-525 et seq. Va. Code §59.1-200	Disasters	During any time of disaster, it shall be unlawful for any supplier to sell, lease, or license, or to offer to sell, lease, or license, any necessary goods and services at an unconscionable price within the area for which the state of emergency is declared. Actual sales at the increased price shall not be required for the increase to be considered unconscionable. In determining whether a price increase is unconscionable, the following shall be considered: 1. Whether the price charged by the supplier grossly exceeded the price charged by the supplier for the same or similar goods or services during the 10 days immediately prior to the time of disaster, provided that, with respect to any supplier who was offering a good or service at a reduced price immediately prior to the time of disaster, the price at which the supplier usually offers the good or service shall be used as the benchmark for these purposes; 2. Whether the price charged by the supplier grossly exceeded the price at which the same or similar goods or services were readily obtainable by purchasers in the trade area during the 10 days immediately prior to the time of disaster; 3. Whether the increase in the amount charged by the supplier was attributable solely to additional costs incurred by the supplier in connection with the sale of the goods or services, including additional costs imposed by the supplier's source. Proof that the supplier incurred such additional costs during the time of disaster shall be prima facie evidence that the price increase by that supplier was not unconscionable; and 4. Whether the increase in the amount charged by the supplier was attributable solely to a regular seasonal or holiday adjustment in the price charged for the good or service. Proof that the supplier regularly increased the price for a particular good or service during portions of the period covered by the time of disaster would be prima facie evidence that the price increase was not unconscionable during those periods.
U.S. Virgin Islands	V.I. Code Ann. tit. 23, §1005 V.I. Code Ann. tit. 23, §1017	Emergencies and major disasters	(g) In addition to any other powers conferred upon the governor by law during any state of emergency, he may for the purpose of coping with the emergency, do any of the following: (10) Through the commissioner of licensing and consumer affairs, take action necessary to freeze and maintain costs of goods and services to the public at a price level existing immediately prior to the governor's proclamation of the state of emergency. Such price freeze shall include, but not be limited to, food items, water, beverages, health and medical care products, fuel, rents, construction goods and services, clothing, furnishings, and such other goods and services as are deemed appropriate under the circumstances presented. (c) A price is unconscionable if: (1) The amount charged represents a gross disparity between the price of the goods or services after the state of emergency was declared and the average price of the goods or services offered in the usual course of business during the 30 days immediately preceding the declaration of the state of emergency, unless the increase in the amount charged is attributable to additional costs incurred in connection with the goods or services due to regional, national, or international market trends, or increased costs incurred because of the declaration of the state of emergency evidenced by documentation; or (2) The amount charged grossly exceeds the average price at which the same or similar goods or services were readily obtainable in the trade area during the 30 days immediately preceding the declaration of a state of emergency, unless the increase in the amount charged is attributable to additional costs incurred in connection with regional, national, or international market trends, or increased costs incurred because of the declaration of the state of emergency evidence by documentation. (d) A price increase approved by the Department of Licensing and Consumer Affairs is not an unconscionable price.
Washington	None
West Virginia	W. Va. Code §46A-6J-1 et seq.	Emergencies and natural disasters	(a) Upon the declaration of a state of emergency or state of preparedness, and continuing for the existence of the state of emergency or state of preparedness, or for 30 days following the declaration, whichever period is longer, it is unlawful for any person, contractor, business, or other entity to sell or offer to sell to any person in the area subject to the declaration any consumer food items, essential consumer items, goods used for emergency cleanup, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight and storage services, or gasoline or other motor fuels, for a price greater than 10% above the price charged by that person for those goods or services on the 10th day immediately preceding the declaration of emergency state of preparedness, unless the increase in price is directly attributable to additional costs imposed on the seller by the supplier of the goods or directly attributable to additional costs for labor or materials used to provide the services: Provided, That in those situations where the increase in price is attributable to additional costs imposed by the seller’s supplier or additional costs of providing the good or service during the state of emergency or state of preparedness, the price is no greater than 10 percent above the total of the cost to the seller plus the markup customarily applied by the seller for that good or service in the usual course of business on the 10th day immediately preceding the declaration: Provided, however, That where a supplier of gasoline or other motor fuels cannot determine its daily costs, the supplier may sell gasoline or other motor fuels to distributers on any day at a rate not to exceed the average of the Oil Price Information Service’s average wholesale rack price for that product at the Montvale/Roanoke, Virginia, Fairfax, Virginia, and Pittsburgh, Pennsylvania, wholesale racks for the previous day. (b) Upon the declaration of a state of emergency or state of preparedness, and for a period of 180 days following that declaration, it is unlawful for any contractor to sell or offer to sell any repair or reconstruction services or any services used in emergency cleanup in the area subject to the declaration for a price greater than 10% above the price charged by that person for those services on the 10th day immediately preceding the declaration, unless the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods or directly attributable to additional costs for labor or materials used to provide the services: Provided, That in those situations where the increase in price is attributable to the additional costs imposed by the contractor’s supplier or additional costs of providing the service, the price is no greater than 10% above the total of the cost to the contractor plus the markup customarily applied by the contractor for that good or service in the usual course of business on the 10th day immediately preceding to the declaration of the state of emergency or state of preparedness. (c) Any business offering an item for sale at a reduced price 10 days immediately prior to the declaration of the state of emergency or state of preparedness may use the price at which it usually sells the item to calculate the price pursuant to subsection (a) or (b) of this section.
Wisconsin	Wis. Stat. §100.305	Abnormal economic disruption	(2) Prohibition. No seller may sell, or offer to sell, in this state at wholesale or at retail, consumer goods or services at unreasonably excessive prices if the governor, by executive order, has certified that the state or a part of the state is in a period of abnormal economic disruption.
Wyoming	None

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