New York A 2737: Relates to payments in lieu of taxes for projects approved by industrial development agencies

Bill Text

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A02737 Summary:

BILL NOA02737 

&nbsp

SAME ASNo Same As

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SPONSORJacobson

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COSPNSR

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MLTSPNSR

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Add §369-aa, Gen Bus L

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Provides that no party within the chain of distribution of food and food products shall sell or offer to sell any such goods for an amount which represents an unconscionably excessive price; provides a legal remedy; authorizes the attorney general to promulgate such rules and regulations.

Go to top A02737 Actions:

BILL NOA02737 

&nbsp

01/22/2025referred to consumer affairs and protection

01/07/2026referred to consumer affairs and protection

Go to topA02737 Committee&nbspVotes:

Go to topA02737 Floor&nbspVotes:

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

Go to topA02737 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2737

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 22, 2025
 ___________

 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
 tee on Consumer Affairs and Protection

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

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

 1 Section 1. The general business law is amended by adding a new section
 2 369-aa to read as follows:
 3 § 369-aa. Price gouging; food and food products. 1. (a) No party with-
 4 in the chain of distribution of food and food products shall sell or
 5 offer to sell any such goods for an amount which represents an uncon-
 6 scionably excessive price.
 7 (b) For the purposes of this section, the term "food and food
 8 products" shall include all articles of food, drink, confectionery or
 9 condiment, whether simple, mixed or compound, used or intended for use
 10 by humans or animals, and shall also include all substances or ingredi-
 11 ents to be added to food for any purpose.
 12 (c) This prohibition shall apply to all parties within the chain of
 13 distribution, including any manufacturer, supplier, wholesaler, distrib-
 14 utor or retail seller of food and food products or both sold by one
 15 party to another when the product sold was located in the state prior to
 16 the sale.
 17 2. Whether a price is unconscionably excessive is a question of law
 18 for the court.
 19 (a) The court's determination that a violation of this section has
 20 occurred shall be based on any of the following factors: (i) that the
 21 amount of the excess in price is unconscionably extreme; or (ii) that
 22 there was an exercise of unfair leverage or unconscionable means; or
 23 (iii) a combination of both factors in subparagraphs (i) and (ii) of
 24 this paragraph.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05478-01-5

 A. 2737 2

 1 (b) In any proceeding commenced pursuant to subdivision four of this
 2 section, prima facie proof that a violation of this section has occurred
 3 shall include evidence that: (i) the amount charged represents a gross
 4 disparity between the price of the food and food products which were the
 5 subject of the transaction and their value measured by the price at
 6 which such food and food products were sold or offered for sale by the
 7 defendant in the usual course of business; or (ii) the amount charged
 8 grossly exceeded the price at which the same or similar food and food
 9 products were readily obtainable in the trade area.
 10 (c) A defendant may rebut a prima facie case with evidence that: (i)
 11 the increase in the amount charged preserves the margin of profit that
 12 the defendant received for the same food and food products; or (ii)
 13 additional costs not within the control of the defendant were imposed on
 14 the defendant for the food and food products.
 15 3. Where a violation of this section is alleged to have occurred, the
 16 attorney general may apply in the name of the people of the state of New
 17 York to the supreme court of the state of New York within the judicial
 18 district in which such violations are alleged to have occurred, on
 19 notice of five days, for an order enjoining or restraining commission or
 20 continuance of the alleged unlawful acts. In any such proceeding, the
 21 court shall impose a civil penalty in an amou