Tennessee § 47-18-5103 - Prohibited acts during declaration of abnormal economic disruption.

§ 47-18-5103. Prohibited acts during declaration of abnormal economic disruption.

Upon the declaration of an abnormal economic disruption by the governor by proclamation or executive order, and continuing for a maximum of fifteen (15) calendar days, unless extended by a subsequent declaration in any county or municipality covered by the abnormal economic disruption, a person is prohibited from charging any other person a price for the following goods or services that is grossly in excess of the price generally charged for the same or similar goods or services in the usual course of business: Consumer food items; Repair or construction services; Emergency supplies; Medical supplies; Building materials; Gasoline; Transportation, freight, and storage services; or Housing. A declaration of an abnormal economic disruption by the governor may specify that only certain goods or services are covered by the prohibition described in subdivision (a)(1). A price increase is not grossly excessive if the increase was directly attributable to: Price increases in applicable regional, national, or international commodity markets; Pricing set forth in any pre-existing agreement, including stored and in-transit inventory; Additional costs imposed on the person by the supplier of the goods or services; or Additional costs for labor, services, or materials used to provide the goods or services, including costs of replacement inventory, additional costs to transport goods or services, and additional labor charges. Acts 2002, ch. 807, § 2; 2018, ch. 624, § 4. Compiler's Notes. Acts 2018, ch. 624, § 6 provided that the act, which amended this section, shall apply to violations occurring on or after April 2, 2018. Amendments. The 2018 amendment rewrote the section which read: “Upon the proclamation of a state of emergency and continuing until the state of emergency is terminated, it is unlawful, in any county or municipality covered by the state of emergency, for any person to charge any other person a price for any consumer food item; repair or construction services; emergency supplies; medical supplies; building materials; gasoline; transportation, freight, and storage services; or housing, that is grossly in excess of the price generally charged for the same or similar goods or services in the usual course of business immediately prior to the events giving rise to the state of emergency. An otherwise grossly excessive price increase shall not be unlawful if the person charging such higher price establishes by prima facie evidence that the increase was directly attributable to additional costs imposed on it by the supplier of the goods or services, or was directly attributable to additional costs for labor or materials used to provide the goods or services.” Effective Dates. Acts 2018, ch. 624, § 6. April 2, 2018.