s.4Increases of prices for commodities during a period of emergency or during a period following a natural disaster
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Section 4Part 2 — Unconscionable Increases of Prices of Commodities During a Declared State of Emergency or During a Period Following a Natural Disaster

Increases of prices for commodities during a period of emergency or during a period following a natural disaster

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Upon and after a declaration of a state of emergency in the Islands by the Governor in accordance with the Emergency Powers Law (2006 Revision) or —
during a period when a tropical storm or a hurricane watch or warning is in effect in relation to the Islands; or
during such period of time (as may be specified by the Cabinet by order) immediately following a natural disaster,
subject to this Law, no person, his agent or employee shall rent or sell or offer to rent or sell at an unconscionable price any commodity; and this prohibition shall remain in effect —
until the declaration expires;
where no tropical storm or hurricane occurs to which the tropical storm or hurricane watch or warning related, until the tropical storm or hurricane watch or warning is discontinued;
for such longer period after the declaration has expired as may be specified by order of the Cabinet; or
for such other period as may be specified by order of the Cabinet.
Any increase in installation charges, labour charges for repairs or other charges made in connection with the installation or use of any apparatus used for the supply of or necessary for the beneficial enjoyment of a commodity or of the delivery charges for such commodity shall not be deemed to be an increase of the price or charge of such commodity for the purposes of subsection (1).
It is prima facie evidence that a price is unconscionable if —
the amount charged represents a gross disparity between the price of the commodity that is the subject of the offer or transaction and the average price at which that commodity was rented or sold, or offered for rent or sale in the usual course of business during the 30 days immediately prior to a declaration of a state of emergency or the occurrence of the natural disaster, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental of any self-storage facility, or national or international market trends; or
the amount charged grossly exceeds the average price at which the same or similar commodity was readily obtainable in the Islands during the 30 days immediately prior to a declaration of a state of emergency or the occurrence of the natural disaster, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any self-storage facility, or national or international market trends.
This section does not apply to sales by growers, producers, or processors of raw or processed food products, except for retail sales of such products to the ultimate consumer within the Islands.
A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of one hundred thousand dollars.
The burden of proof to show that any increase in the price or charge of a commodity is reasonable and not unconscionable is upon the person accused of such increase.

Defined Terms

unconscionable pricecommoditynatural disasterstate of emergency

Cross References

Referenced By