Sec. 1. 10 MRSA §1105, as amended by PL 1979, c. 541, Pt. A, §91, is repealed and the following enacted in its place:

§1105.__Price gouging

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Abnormal market disruption" includes, but is not limited to, the conditions that prevail during any emergency or energy emergency proclaimed by the Governor as such pursuant to Title 37-B, section 742.__An abnormal market disruption may result from stress of weather, convulsion of nature, failure or shortage of electric power or energy, strike, civil disorder, war, terrorism or other cause.

B.__"Necessities" means any vital or necessary good or service, including, but not limited to, food for human or animal consumption; clothing; prescription and nonprescription drugs; medications and medical supplies; building materials; energy; fuel; equipment for heat, light and power; emergency equipment; or supplies and tools, machinery and equipment required for production of any of these.

C.__"Profiteering" occurs when a person offers for sale or sells goods or services, at any level of trade or commerce including wholesale and retail, at a price that exceeds, by a factor greater than 15%, exclusive of increased costs, the price at which similar goods or services were offered for sale or sold by that person immediately prior to the abnormal market disruption.

2.__Price gouging.__A person is guilty of price gouging if the person intentionally or knowingly engages in profiteering in necessities during an abnormal market disruption.

3.__Crime.__Price gouging is a Class C crime.

4.__Unfair trade practice.__Price gouging constitutes an unfair act in the conduct of trade or commerce pursuant to Title 5, section 207.

SUMMARY

This bill clarifies that price gouging is an unfair method of competition. The bill makes price gouging a Class C crime.