{"id":"AGY-ST-UTILITIES-HOUSING-AG-032","kind":"order","level":"state","jurisdiction":"California (Governor, enforced by the Attorney General and district attorneys)","state":"CA","metro":"","industry":"","agency":"ST-UTILITIES-HOUSING-AG","eco":"","issuer":"Governor Gavin Newsom","authority":"Cal. Gov\u0027t Code 8567, 8571, 8627, 8665","instrument":"Executive Order N-44-20","title":"Executive Order N-44-20 (price gouging): waiver of the time limitation in Penal Code 396(b) through September 4, 2020; 10 percent cap over February 4, 2020 prices on food, consumer goods, medical and emergency supplies and DPA scarce materials from April 4 to September 4, 2020; 50 percent cost-based cap for new sellers; each violation a misdemeanor","dateIssued":"2020-04-03","effective":"2020-04-03 (immediately); the price caps from 2020-04-04","end":"September 4, 2020 by its terms.","startDate":"2020-04-03","endDate":"2020-09-04","quarters":["2020Q2","2020Q3"],"types":["OTHER"],"addressees":["any person or other entity (including, but not limited to, any business enterprise of any kind) selling food items, consumer goods, medical or emergency supplies or HHS-designated scarce materials in California"],"clause":"IT IS HEREBY ORDERED THAT: 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 pursuant to section 102 of the Defense Production Act, 50 U.S.C. 4512.... 3) If a person or other entity... did not offer an item for sale on February 4, 2020,... that person or entity shall not - from April 4, 2020 until September 4, 2020... sell or offer to sell that item for an unconscionably excessive price [more than 50 percent greater than the amount paid or the total cost of producing and selling the item]. 4) Each instance in which an item is sold or offered for sale in a manner prohibited by Paragraph 2 or Paragraph 3 shall constitute a separate violation of this Order. Each violation of this Order shall be a misdemeanor punishable as set forth in Government Code section 8665. Each such violation shall also be redressable in the same manner as any other unlawful business practice under the Unfair Competition Law, Business and Professions Code section 17200 et seq.","enforcement":"Gov\u0027t Code 8665 (misdemeanor); Bus. \u0026 Prof. Code 17200 et seq.; Penal Code 396 (misdemeanor, up to one year and $10,000)","functions":["SF pricing of every retailer, wholesaler and manufacturer of food, consumer goods and medical or emergency supplies (10 percent cap over Feb. 4, 2020)","SC supplier-cost pass-through only on proof (para. 2(a))","CB","OP pricing systems and records","DS distributors and online sellers"],"notes":"Extends and supplements Penal Code 396, whose 30-day period would otherwise have lapsed in early April 2020; sales to the State or its political subdivisions on acceptable terms exempted. Signed the 3rd day of April 2020; attested by Secretary of State Alex Padilla.","sourceUrl":"https://www.gov.ca.gov/wp-content/uploads/2020/04/4.3.20-EO-N-44-20.pdf","snapshot":"","fileExists":true,"fileBytes":934321,"grade":"primary","character":"","description":"","collection":"AGY-ST-UTILITIES-HOUSING-AG","url":"/library/AGY-ST-UTILITIES-HOUSING-AG-032","exhibitUrl":"/exhibit/AGY-ST-UTILITIES-HOUSING-AG-032","citation":"Governor Gavin Newsom, Executive Order N-44-20 (Apr. 3, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-032)","stateName":"California","related":["AGY-ST-UTILITIES-HOUSING-AG-066"]}