Bill > HB1504

This bill establishes a new legal framework to prevent price gouging during emergencies by prohibiting retailers from charging unreasonably excessive prices on necessary goods and services during a state of emergency or abnormal market disruption. The legislation defines "necessities" as goods and services critical to health, safety, and welfare, and applies to all parties in the distribution chain, including manufacturers, suppliers, wholesalers, distributors, and retailers. To determine whether a price is unreasonably excessive, the bill considers factors such as whether the price exceeds the seller's average price in the 60 days prior to the emergency, reflects additional supplier costs, or is attributable to legitimate market fluctuations. The bill empowers any governmental prosecuting authority to take legal action against retailers engaging in price gouging, with potential civil penalties of up to $5,000 per violation. A "triggering event" is defined as a state of emergency declared by the governor or a finding of abnormal market disruption, which can result from events like natural disasters, civil unrest, terrorist attacks, or other extraordinary circumstances. The price gouging prohibition remains in effect for 45 days after the triggering event, unless specifically extended by the governor, and violations are considered unfair and deceptive trade practices. The bill will take effect on January 1, 2027, and is expected to slightly increase enforcement costs for the Department of Justice.

Business and Industry

https://gc.nh.gov/bill_Status/billinfo.aspx?id=1703&inflect=2