New York S 7345: Relates to price gouging

Bill Text

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S07345 Summary:

BILL NOS07345 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORLANZA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §396-r, Gen Bus L

&nbsp

Relates to price gouging; defines unconscionably excessive price for the purposes of prohibiting price gouging during abnormal disruption of the market.

Go to top S07345 Actions:

BILL NOS07345 

&nbsp

04/10/2025REFERRED TO CONSUMER PROTECTION

01/07/2026REFERRED TO CONSUMER PROTECTION

Go to topS07345 Committee&nbspVotes:

Go to topS07345 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS07345 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7345

 2025-2026 Regular Sessions

 IN SENATE

 April 10, 2025
 ___________

 Introduced by Sen. LANZA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Consumer Protection

 AN ACT to amend the general business law, in relation to price gouging

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 396-r of the general business law, as amended by
 2 chapter 90 of the laws of 2020, subdivision 2 as amended by chapter 725
 3 of the laws of 2023, is amended to read as follows:
 4 § 396-r. Price gouging. 1. Legislative findings and declaration. The
 5 legislature hereby finds that during periods of abnormal disruption of
 6 the market caused by strikes, power failures, severe shortages or other
 7 extraordinary adverse circumstances, some parties within the chain of
 8 distribution of goods have taken unfair advantage of the public by
 9 charging grossly excessive prices for essential goods and services.
 10 In order to prevent any party within the chain of distribution of any
 11 goods from taking unfair advantage of the public during abnormal
 12 disruptions of the market, the legislature declares that the public
 13 interest requires that such conduct be prohibited and made subject to
 14 civil penalties.
 15 2. (a) During any abnormal disruption of the market for goods and
 16 services vital and necessary for the health, safety and welfare of
 17 consumers or the general public, no party within the chain of distrib-
 18 ution of such goods or services or both shall sell or offer to sell any
 19 such goods or services or both for an amount which represents an uncon-
 20 scionably excessive price.
 21 (b) For purposes of this section, the phrase "abnormal disruption of
 22 the market" shall mean any change in the market, whether actual or immi-
 23 nently threatened, resulting from stress of weather, convulsion of
 24 nature, failure or shortage of electric power or other source of energy,
 25 strike, civil disorder, war, military action, national or local emergen-
 26 cy, drug shortage, or other cause of an abnormal disruption of the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05429-01-5

 S. 7345 2

 1 market [which], where such abnormal disruption results in the declara-
 2 tion of a state of emergency by the governor.
 3 (c) For purposes of this section, the term "drug shortage" shall mean,
 4 with respect to any drug or medical product intended for human use, that
 5 such drug or medical product is publicly reported as being subject to a
 6 shortage by the U.S. Food and Drug Administration.
 7 (d) For the purposes of this section, the term "goods and services"
 8 shall include (i) consumer goods and services used, bought or rendered
 9 primarily for personal, family or household purposes, (ii) essential
 10 medical supplies and services used for the care, cure, mitigation,
 11 treatment or prevention of any illness or disease, and (iii) any other
 12 essential goods and services used to promote the health or welfare of
 13 the public.
 14 (e) This prohibition shall apply to all parties within the chain of
 15 distribution, including any manufacturer, supplier, wholesaler, distrib-
 16 utor or retail seller of goods or services or both sold by one party to
 17 another when the product sold was located in the state prior to the
 18 sale. For the purposes of this subdivision, the term "goods and
 19 services" shall also include any repairs made by any party within the
 20 chain of distribution of goods on an