Text to be removed highlighted in red.
1 New Chapter; Prohibition on Price Gouging. Amend RSA by inserting after chapter 358-T the following new chapter:
CHAPTER 358-U
PROHIBITION ON PRICE GOUGING
358-U:1 Definitions. As used in this chapter:
I. "Necessities" means goods and services that are necessary for the health, safety, and welfare of consumers or the general public.
II. "Prosecuting authority" means any prosecutor with jurisdiction over the location where a retailer conducts business.
III. "Public utility" means a publicly-owned organization that provides essential services to the public.
IV. "Retailer" means any person offering necessities for sale to the general public.
V. "Seasonal pricing" means pricing that is consistent with historical data that shows that prices were charged during the same season in the previous 3 years.
VI. "Triggering event" means the declaration of a state of emergency or a finding of abnormal market disruption, pursuant to RSA 358-U:2, V, by the governor.
VII. An "abnormal market disruption" means a significant disruption, whether actual or imminent, to the production, distribution, or sale of goods and services in this state, which are consumed or used as a direct result of an emergency or used to preserve, protect, or sustain life, health, safety, or economic well-being of a person or his or her property. A significant disruption may result from a natural disaster, weather, acts of nature, strike, power or energy failures or shortages, civil disorder, war, terrorist attack, national or local emergency, or other extraordinary adverse circumstances. A significant market disruption can be found only if a declaration of a state of emergency, state of disaster, or similar declaration is made by the President of the United States or an issuance of Code Red/Severe Risk of Attack in the Homeland Security Advisory System is made by the Department of Homeland Security, whether or not such declaration or issuance applies to New Hampshire.
358-U:2 Prohibition on Price Gouging.
I. Upon a triggering event, a person shall be in violation of this chapter for selling or renting, or offering 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 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.
II. In determining whether a price is unreasonably excessive, it shall be considered whether:
(a) 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.
(b) 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.
(c) 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.
IV. For the purposes of this section, the end of a triggering event is the earlier of 45 days after the triggering event occurs or the expiration or termination of the triggering event unless the prohibition is specifically extended by the governor.
V. The existence of an abnormal market disruption may be found and declared by the governor, pursuant to RSA 358-U:1, VII. The duration of an abnormal market disruption shall be 45 days from the triggering event, but may be renewed by the governor if he or she finds and declares the disruption continues to affect the economic well-being of state residents beyond the initial 45-day period.
358-U:3 Enforcement.
I. Any governmental prosecuting authority in the jurisdiction in which the retailer conducts business shall have the authority to enforce this chapter by bringing action on behalf of this state, or as parens patriae on behalf of persons residing in the state, and shall be empowered to seek injunctions to enjoin violations of this chapter.
II. Any violation of this chapter shall constitute an unfair, abusive, and deceptive trade practice within the meaning of existing law. Violators of this chapter may face a civil penalties of up to $5,000 per violation. Additional penalties may be imposed for any subsequent violations of this chapter, court order, or injunction seeking to prevent price gouging under this chapter.
III. A governmental prosecuting authority in the jurisdiction in which the retailer is located may be awarded reasonable attorney's fees and costs if they are the prevailing party in an action taken under this chapter.
2 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 New Chapter; Prohibition on Price Gouging. Amend RSA by inserting after chapter 358-T the following new chapter:
CHAPTER 358-U
PROHIBITION ON PRICE GOUGING
358-U:1 Definitions. As used in this chapter:
I. "Necessities" means goods and services that are necessary for the health, safety, and welfare of consumers or the general public.
II. "Prosecuting authority" means any prosecutor with jurisdiction over the location where a retailer conducts business.
III. "Public utility" means a publicly-owned organization that provides essential services to the public.
IV. "Retailer" means any person offering necessities for sale to the general public.
V. "Seasonal pricing" means pricing that is consistent with historical data that shows that prices were charged during the same season in the previous 3 years.
VI. "Triggering event" means the declaration of a state of emergency or a finding of abnormal market disruption, pursuant to RSA 358-U:2, V, by the governor.
VII. An "abnormal market disruption" means a significant disruption, whether actual or imminent, to the production, distribution, or sale of goods and services in this state, which are consumed or used as a direct result of an emergency or used to preserve, protect, or sustain life, health, safety, or economic well-being of a person or his or her property. A significant disruption may result from a natural disaster, weather, acts of nature, strike, power or energy failures or shortages, civil disorder, war, terrorist attack, national or local emergency, or other extraordinary adverse circumstances. A significant market disruption can be found only if a declaration of a state of emergency, state of disaster, or similar declaration is made by the President of the United States or an issuance of Code Red/Severe Risk of Attack in the Homeland Security Advisory System is made by the Department of Homeland Security, whether or not such declaration or issuance applies to New Hampshire.
358-U:2 Prohibition on Price Gouging.
I. Upon a triggering event, a person shall be in violation of this chapter for selling or renting, or offering 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 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.
II. In determining whether a price is unreasonably excessive, it shall be considered whether:
(a) 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.
(b) 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.
(c) 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.
IV. For the purposes of this section, the end of a triggering event is the earlier of 45 days after the triggering event occurs or the expiration or termination of the triggering event unless the prohibition is specifically extended by the governor.
V. The existence of an abnormal market disruption may be found and declared by the governor, pursuant to RSA 358-U:1, VII. The duration of an abnormal market disruption shall be 45 days from the triggering event, but may be renewed by the governor if he or she finds and declares the disruption continues to affect the economic well-being of state residents beyond the initial 45-day period.
358-U:3 Enforcement.
I. Any governmental prosecuting authority in the jurisdiction in which the retailer conducts business shall have the authority to enforce this chapter by bringing action on behalf of this state, or as parens patriae on behalf of persons residing in the state, and shall be empowered to seek injunctions to enjoin violations of this chapter.
II. Any violation of this chapter shall constitute an unfair, abusive, and deceptive trade practice within the meaning of existing law. Violators of this chapter may face a civil penalties of up to $5,000 per violation. Additional penalties may be imposed for any subsequent violations of this chapter, court order, or injunction seeking to prevent price gouging under this chapter.
III. A governmental prosecuting authority in the jurisdiction in which the retailer is located may be awarded reasonable attorney's fees and costs if they are the prevailing party in an action taken under this chapter.
2 Effective Date. This act shall take effect January 1, 2027.