Assembly Bill A4482

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4482
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the general business law, in relation to prohibiting
   price gouging on certain consumer goods sold at thruway gas  stations,
   restaurants, and other facilities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 396-r of the general business law,
 as amended by chapter 725 of the laws of 2023, is  amended  to  read  as
 follows:
   2.  (a)  During  any  abnormal  disruption of the market for goods and
 services vital and necessary for  the  health,  safety  and  welfare  of
 consumers  or  the general public, no party within the chain of distrib-
 ution of such goods or services or both shall sell or offer to sell  any
 such  goods or services or both for an amount which represents an uncon-
 scionably excessive price.
   (b) For purposes of this section, the phrase "abnormal  disruption  of
 the market" shall mean any change in the market, whether actual or immi-
 nently  threatened,  resulting  from  stress  of  weather, convulsion of
 nature, failure or shortage of electric power or other source of energy,
 strike, civil disorder, war, military action, national or local emergen-
 cy, drug shortage, or other cause  of  an  abnormal  disruption  of  the
 market  which  results in the declaration of a state of emergency by the
 governor.
   (c) For purposes of this section, the term "drug shortage" shall mean,
 with respect to any drug or medical product intended for human use, that
 such drug or medical product is publicly reported as being subject to  a
 shortage by the U.S. Food and Drug Administration.
   (d)  For  the  purposes of this section, the term "goods and services"
 shall include (i) consumer goods and services used, bought  or  rendered
 primarily  for  personal,  family  or household purposes, (ii) essential

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06734-01-5
              

 A. 4482                             2
 
 medical supplies and services  used  for  the  care,  cure,  mitigation,
 treatment  or  prevention of any illness or disease, and (iii) any other
 essential goods and services used to promote the health  or  welfare  of
 the public.
   (e)  This  prohibition  shall apply to all parties within the chain of
 distribution, including any manufacturer, supplier, wholesaler, distrib-
 utor or retail seller of goods or services or both sold by one party  to
 another  when  the  product  sold  was located in the state prior to the
 sale. For  the  purposes  of  this  subdivision,  the  term  "goods  and
 services"  shall  also  include any repairs made by any party within the
 chain of distribution of goods on an emergency basis as a result of such
 abnormal disruption of the market.
   (F) THIS PROHIBITION  SHALL  ALSO APPLY TO CONSUMER GOOD AND  SERVICES
 SOLD  AT  SERVICE  FACILITIES ESTABLISHED PURSUANT TO SUBDIVISION TEN OF
 SECTION THREE HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW. For  the
 purposes  of  this subdivision, the term "goods and services" shall also
 include any repairs made by any party within the chain  of  distribution
 of  goods  on an emergency basis as a result of such abnormal disruption
 of the market.
   § 2. This act shall take effect immediately.