§ 13-41-201. Excessive price prohibited.

(1) Except as provided in Subsection (2), if a state of emergency exists, a person may not charge a consumer an excessive price for goods or services sold or provided at retail:

(a)

(i) during the time period for which a state of emergency declared by the governor exists; or

(ii) for 30 days after the day on which the state of emergency begins, if declared by the President of the United States; and

(b) within the emergency territory.

(2) A person may charge an excessive price if:

(a) that person's cost of obtaining the good or providing the service exceeds the average cost to the person of obtaining the good or providing the service in the 30-day period immediately preceding the day on which the state of emergency is declared; and

(b) the price charged for the good or service does not exceed the sum of:

(i) 10% above the total cost to that person of obtaining the good or providing the service; and

(ii) the person's customary markup.

(3) Upon request of the division, a person allegedly charging an excessive price under Subsection (2) shall provide documentation to the division that the person is in compliance with this chapter.

(4) If a good or service has not been sold by a person during the 30-day period immediately preceding the day on which the state of emergency is declared, a price is not excessive if it does not exceed 30% above the person's total cost of obtaining the good or providing the service.

Enacted by Chapter 306, 2005 General Session