STATE OF NEW YORK ________________________________________________________________________ 608--A 2023-2024 Regular Sessions IN SENATE January 5, 2023 ___________ Introduced by Sens. SALAZAR, BRISPORT, GIANARIS, HELMING, JACKSON, KRUEGER, LANZA, SANDERS, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to the price goug- ing of medicine The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 396-r of the general business 2 law, as amended by chapter 90 of the laws of 2020, is amended to read as 3 follows: 4 2. (a) During any abnormal disruption of the market for goods and 5 services vital and necessary for the health, safety and welfare of 6 consumers or the general public, no party within the chain of distrib- 7 ution of such goods or services or both shall sell or offer to sell any 8 such goods or services or both for an amount which represents an uncon- 9 scionably excessive price. 10 (b) For purposes of this section, the phrase "abnormal disruption of 11 the market" shall mean any change in the market, whether actual or immi- 12 nently threatened, resulting from stress of weather, convulsion of 13 nature, failure or shortage of electric power or other source of energy, 14 strike, civil disorder, war, military action, national or local emergen- 15 cy, drug shortage, or other cause of an abnormal disruption of the 16 market which results in the declaration of a state of emergency by the 17 governor. For purposes of this section, the term drug shortage shall 18 mean the issuance of a notice by the U.S. Food and Drug Administration 19 pursuant to section 506C-1 of the federal Food Drugs and Cosmetics Act 20 or any successor provision thereof. 21 (c) For the purposes of this section, the term goods and services 22 shall include [(a)] (i) consumer goods and services used, bought or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03763-03-3
S. 608--A 2 1 rendered primarily for personal, family or household purposes, [(b)] 2 (ii) essential medical supplies and services used for the care, cure, 3 mitigation, treatment or prevention of any illness or disease, and [(c)] 4 (iii) any other essential goods and services used to promote the health 5 or welfare of the public. This prohibition shall apply to all parties 6 within the chain of distribution, including any manufacturer, supplier, 7 wholesaler, distributor or retail seller of goods or services or both 8 sold by one party to another when the product sold was located in the 9 state prior to the sale. Goods and services shall also include any 10 repairs made by any party within the chain of distribution of goods on 11 an emergency basis as a result of such abnormal disruption of the 12 market. 13 § 2. This act shall take effect immediately.