Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to agriculture |
Jan 07, 2015 |
referred to agriculture |
Senate Bill S114
2015-2016 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Agriculture Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D) Senate District
2015-S114 (ACTIVE) - Details
2015-S114 (ACTIVE) - Summary
Prohibits price gouging on kosher for Passover products; authorizes the department of agriculture and markets to investigate instances of price gouging on such products and to conduct an annual Passover price survey to determine instances of price gouging; authorizes the attorney general to bring an action to stop the alleged price gouging and provides for a civil penalty of $10,000 for an instance of price gouging; establishes a defense to the charge.
2015-S114 (ACTIVE) - Sponsor Memo
BILL NUMBER: S114 TITLE OF BILL : An act to amend the agriculture and markets law, in relation to kosher for Passover product price gouging PURPOSE: : To prohibit "price gouging" of kosher Passover products by manufacturers, distributors and retailers who sell such kosher products, during the Jewish Passover season. SUMMARY OF PROVISIONS: : Section 1. Amends the Agriculture and Markets Law by adding a new section 201-i. Prohibits manufacturers, distributors and retailers of Kosher for Passover products from offering to sell such products at an excessive price during the Passover season. Authorizes the Department of Agriculture and Markets to investigate instances of Kosher for Passover product price gouging during the Passover season. Requires such investigation to include an annual Passover price survey to examine the prices of Kosher for Passover products, before, during and after the Passover season. Authorizes the court to impose a civil penalty not to exceed $10,000, and where appropriate, order restitution to aggrieved consumers. Directs the Commissioner of Agriculture and Markets to promulgate the rules and regulations necessary to implement this law and establish a "Kosher for Passover Products Hotline" for consumers to report price complaints.
2015-S114 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 114 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to kosher for Passover product price gouging THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The agriculture and markets law is amended by adding a new section 201-i to read as follows: S 201-I. KOSHER FOR PASSOVER PRODUCT PRICE GOUGING. 1. DURING THE PASSOVER SEASON, NO PARTY WITHIN THE CHAIN OF DISTRIBUTION OF KOSHER FOR PASSOVER PRODUCTS SHALL SELL OR OFFER TO SELL ANY SUCH PRODUCTS FOR AN AMOUNT WHICH REPRESENTS AN UNCONSCIONABLY EXCESSIVE PRICE. THE DEPART- MENT IS HEREBY AUTHORIZED TO INVESTIGATE INSTANCES OF KOSHER FOR PASS- OVER PRODUCT PRICE GOUGING DURING THE PASSOVER SEASON. SUCH INVESTI- GATION SHALL INCLUDE, BUT NOT BE LIMITED TO, AN ANNUAL PASSOVER PRICE SURVEY TO EXAMINE THE PRICES OF KOSHER FOR PASSOVER PRODUCTS BEFORE, DURING AND AFTER THE PASSOVER SEASON. 2. WHETHER A PRICE IS UNCONSCIONABLY EXCESSIVE IS A QUESTION OF LAW FOR THE COURT. (A) THE COURT'S DETERMINATION THAT A VIOLATION OF THIS SECTION HAS OCCURRED SHALL BE BASED ON ANY OF THE FOLLOWING FACTORS: (I) THAT THE AMOUNT OF THE EXCESS IN PRICE IS UNCONSCIONABLY EXTREME; OR (II) THAT THERE WAS AN EXERCISE OF UNFAIR LEVERAGE OR UNCONSCIONABLE MEANS; OR (III) A COMBINATION OF BOTH FACTORS IN SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH. (B) IN ANY PROCEEDING COMMENCED PURSUANT TO SUBDIVISION THREE OF THIS SECTION, PRIMA FACIE PROOF THAT A VIOLATION OF THIS SECTION HAS OCCURRED SHALL INCLUDE EVIDENCE THAT: (I) THE AMOUNT CHARGED REPRESENTS A GROSS DISPARITY BETWEEN THE PRICE OF THE GOODS OR SERVICES WHICH WERE THE SUBJECT OF THE TRANSACTION AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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