Emergency Executive Order 20-10

The record

Jurisdiction

Minnesota (Governor, enforced by the Attorney General) · Minnesota

Level

State

Authority

Minn. Stat. 12.21, subd. 3(1); 12.45; 8.31

Issued

2020-03-20 Mar. 20, 2020

Effective

2020-03-21 5:00 p.m. (read as 2020-03-21)

End

'for the duration of the peacetime emergency declared in Executive Order 20-01 or until this Executive Order is rescinded'; the peacetime emergency ended July 1, 2021 (see MN-038 and MN-042 in the Minnesota State file) (read as 2021-07-01)

In force

Mar. 21, 2020 to July 1, 2021

Quarters

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Other

Addressees

• all persons (individuals, businesses and other legal entities) selling or offering to sell essential consumer goods or services in Minnesota

Functions reached

• SF and pricing of every retailer, wholesaler, distributor and service provider of essential goods and services (20 percent cap over the pre-emergency price)
• SC pass-through of supplier cost increases permitted only on proof
• CB
• OP pricing, records and compliance
• RT retail products in personal-care and other service businesses

Collection

State utilities, housing and agriculture agencies AGY-ST-UTILITIES-HOUSING-AG

Operative words

1. Beginning March 21, 2020 at 5:00 pm, and continuing for the duration of the peacetime emergency declared in Executive Order 20-01 or until this Executive Order is rescinded, all persons are prohibited from selling, offering to sell, or causing to sell in this state any essential consumer goods or services for an amount that represents an unconscionably excessive price. 2.... b. 'Essential consumer goods or services' means goods or services vital and necessary for the health, safety, and welfare of the public, including without limitation: food, water, fuel, gasoline, housing, shelter, transportation, health care goods and services, pharmaceuticals, medical supplies, and personal hygiene, sanitation, and cleaning goods. c. 'Unconscionably excessive' means: i. The amount charged represents a gross disparity between the price of the good or service and the price of the same good or service that was sold or offered for sale in the usual course of business during the thirty (30) days immediately prior to the peacetime emergency...; or ii. The amount charged for the good or service is more than twenty percent (20%) greater than the price of the same good or service that was sold or offered for sale in the usual course of business during the thirty (30) days immediately prior to the peacetime emergency... unless the person demonstrates that the disparity is substantially attributable to significant additional costs outside the control of the person; or iii. The amount charged grossly exceeds the price at which the same or similar good or service is readily obtainable by other purchasers in the trade area... 3. The Attorney General may investigate and bring an enforcement action to remediate and enjoin any alleged violation of this section.... 4. Pursuant to Minnesota Statutes 2019, section 12.45, any person who is found to have violated this section is subject to a civil penalty of not more than $10,000 per sale or transaction.

Enforcement

Notes