O.C.G.A.

O.C.G.A. § 10-1-393.4 (2019)

Pricing practices during state of emergency

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) It shall be an unlawful, unfair, and deceptive trade practice for any person, firm, or corporation doing business in any area in which a state of emergency, as such term is defined in Code Section 38-3-3, has been declared, for so long as such state of emergency exists, to sell or offer for sale at retail any goods or services identified by the Governor in the declaration of the state of emergency necessary to preserve, protect, or sustain the life, health, or safety of persons or their property at a price higher than the price at which such goods were sold or offered for sale immediately prior to the declaration of a state of emergency; provided, however, that such price may be increased only in an amount which accurately reflects an increase in cost of the goods or services to

SELLING/OTHER TRADE PRACTICES

the person selling the goods or services or an increase in the cost of transporting the goods or services into the area. (b) Notwithstanding the provisions of subsection (a) of this Code section, a retailer may increase the price of goods or services during a state of emergency if the price charged for those goods or services is no greater than the cost to the retailer of those goods or services, plus the retailer’s average markup percentage applied during the ten days immediately prior to the declaration of a state of emergency.

History

Code 1981, § 10-1-393.4, enacted by Ga. L. 1995, p. 1362, § 1; Ga. L. 2010, p. 213, § 1/SB 237; Ga. L. 2015, p. 1088, § 2/SB 148.

Annotations

Editor’s notes. For application of this chapter in 2021

and 2022, see Executive Orders 06.30.21.01, 07.22.21.01, 08.19.21.01, 09.20.21.01, 10.21.21.01, 11.19.21.01, 12.17.21.01, 01.18.22.01, 02.18.22.01, and 03.21.22.01.