{"id":"AGY-ST-CORRECTIONS-EMA-GUARD-098","kind":"order","level":"state","jurisdiction":"California (Governor); State level","state":"CA","metro":"","industry":"","agency":"ST-CORRECTIONS-EMA-GUARD","eco":"","issuer":"Governor Gavin Newsom","authority":"Gov\u0027t Code §§ 8567, 8571, 8627","instrument":"Executive Order N-44-20","title":"Waiver of the time limit of Penal Code § 396(b) so that its price-gouging prohibitions run through Sept. 4, 2020; prohibition, from Apr. 4 to Sept. 4, 2020, on selling food items, consumer goods, medical or emergency supplies and HHS-designated scarce materials at more than 10 percent above the seller\u0027s Feb. 4, 2020 price, with cost-based exceptions; sales to the State excepted","dateIssued":"2020-04-03","effective":"2020-04-04","end":"2020-09-04 (extended by later orders; Penal Code § 396 protections were extended repeatedly through 2021)","startDate":"2020-04-04","endDate":"2020-09-04","quarters":["2020Q2","2020Q3"],"types":["SUPPLY","OTHER"],"addressees":["any person or other entity, including any business enterprise, selling food items, consumer goods, medical or emergency supplies or HHS-designated scarce materials"],"clause":"1) The time limitation set forth in Penal Code section 396, subdivision (b), prohibiting price gouging in time of emergency, is hereby waived. All prohibitions against price gouging set forth in subdivision (b) shall be in effect through September 4, 2020. 2) In addition to the prohibitions set forth in Penal Code section 396, a person or other entity (including, but not limited to, any business enterprise of any kind) shall not--from April 4, 2020 until September 4, 2020, and except as set forth below--sell or offer to sell any item from among the following categories of goods for a price that is more than 10 percent greater than the highest price charged by that person or entity for that item on February 4, 2020: Food items; Consumer goods; Medical or emergency supplies; and Any other materials previously designated by the U.S. Secretary of Health and Human Services as Scarce Materials or Threatened [Materials under] 50 U.S.C. § 4512.","enforcement":"Gov\u0027t Code § 8665 (misdemeanor); Penal Code § 396 (misdemeanor; civil enforcement by the Attorney General and district attorneys)","functions":["SF pricing of PPE, medical supplies and consumer goods by every California seller","SC distributors of scarce materials (DPA-designated)","CB"],"notes":"Ties the State price rule to the federal DPA scarce-materials designations (Ex. FED-A series); sales of medical or emergency supplies to the State are excepted, channeling supply to the State.","sourceUrl":"https://www.gov.ca.gov/wp-content/uploads/2020/04/4.3.20-EO-N-44-20-text.pdf","snapshot":"http://web.archive.org/web/20200410/https://www.gov.ca.gov/wp-content/uploads/2020/04/4.3.20-EO-N-44-20-text.pdf","fileExists":true,"fileBytes":48868,"grade":"primary","character":"","description":"","collection":"AGY-ST-CORRECTIONS-EMA-GUARD","url":"/library/AGY-ST-CORRECTIONS-EMA-GUARD-098","exhibitUrl":"/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-098","citation":"Governor Gavin Newsom, Executive Order N-44-20 (Apr. 3, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-098)","stateName":"California","related":["AGY-ST-CORRECTIONS-EMA-GUARD-001"]}