Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 30, 2018 |
enacting clause stricken |
Jan 03, 2018 |
referred to agriculture |
Jan 17, 2017 |
referred to agriculture |
Assembly Bill A1960
2017-2018 Legislative Session
Sponsored By
SEPULVEDA
Archive: Last Bill Status - Stricken
- 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
2017-A1960 (ACTIVE) - Details
2017-A1960 (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.
2017-A1960 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1960 2017-2018 Regular Sessions I N A S S E M B L Y January 17, 2017 ___________ Introduced by M. of A. SEPULVEDA -- read once and referred 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-j to read as follows: § 201-J. 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 THEIR VALUE MEASURED BY THE PRICE AT WHICH SUCH KOSHER FOR PASSOVER EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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