New York S 9372: Relates to price gouging

Bill Text

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S09372 Summary:

BILL NOS09372 

&nbsp

SAME ASSAME AS A00094

&nbsp

SPONSORCLEARE

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §396-r, Gen Bus L

&nbsp

Relates to price gouging; imposes criminal penalties for price gouging; removes language relating to the declaration of a state of emergency; increases civil penalty; authorizes a district attorney to enforce provisions.

Go to top S09372 Actions:

BILL NOS09372 

&nbsp

03/05/2026REFERRED TO CONSUMER PROTECTION

Go to topS09372 Committee&nbspVotes:

Go to topS09372 Floor&nbspVotes:

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

Go to topS09372 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9372

 IN SENATE

 March 5, 2026
 ___________

 Introduced by Sen. CLEARE -- 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 and criminal 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
 27 market [which results in the declaration of a state of emergency by the
 28 governor].

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00886-01-5

 S. 9372 2

 1 (c) For purposes of this section, the term "drug shortage" shall mean,
 2 with respect to any drug or medical product intended for human use, that
 3 such drug or medical product is publicly reported as being subject to a
 4 shortage by the U.S. Food and Drug Administration.
 5 (d) For the purposes of this section, the term "goods and services"
 6 shall include (i) consumer goods and services used, bought or rendered
 7 primarily for personal, family or household purposes, (ii) essential
 8 medical supplies and services used for the care, cure, mitigation,
 9 treatment or prevention of any illness or disease, and (iii) any other
 10 essential goods and services used to promote the health or welfare of
 11 the public.
 12 (e) 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 goods or services or both sold by one party to
 15 another when the product sold was located in the state prior to the
 16 sale. For the purposes of this subdivision, the term "goods and
 17 services" shall also include any repairs made by any party within the
 18 chain of distribution of goods on an emergency basis as