Executive Order N-44-20

The record

Jurisdiction

California (Governor); State level · California

Level

State

Authority

Gov't Code §§ 8567, 8571, 8627

Issued

2020-04-03 Apr. 3, 2020

Effective

2020-04-04

End

2020-09-04 (extended by later orders; Penal Code § 396 protections were extended repeatedly through 2021) (read as 2020-09-04)

In force

Apr. 4, 2020 to Sept. 4, 2020

Quarters

2020 Q22020 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Supply chainOther

Addressees

• any person or other entity, including any business enterprise, selling food items, consumer goods, medical or emergency supplies or HHS-designated scarce materials

Functions reached

• SF pricing of PPE, medical supplies and consumer goods by every California seller
• SC distributors of scarce materials (DPA-designated)
• CB

Collection

State corrections, emergency management and Guard AGY-ST-CORRECTIONS-EMA-GUARD

Operative words

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

Notes