Sec. 42-232. Prohibition on sale of product or service or energy resource at excessive price during supply or energy emergency. Penalty.
Sec. 42-232. Prohibition on sale of product or service or energy resource at
excessive price during supply or energy emergency. Penalty. (a) No person shall sell
or offer for sale during the course of any supply emergency declared by the Governor
under section 42-231 any product or service which the Governor has designated to be
in short supply or in danger of becoming in short supply in the area where such product
or service is being sold or offered for sale at a price which exceeds the price at which
such product or service was sold or offered for sale by such person in the usual course
of business immediately prior to the declaration of the emergency. Nothing herein shall
prohibit an increase in the price of a product or service which is attributable to additional
costs incurred by such person in connection with the acquisition, production, distribution
or sale of such product or service.
(b) No person shall sell or offer for sale during the course of an energy emergency
declared by the Governor under section 16a-11 or 16a-12 any energy resource upon
which price restrictions have been ordered to be imposed at a price which exceeds the
price at which such energy resource was sold or offered for sale by such person in the
usual course of business immediately prior to the declaration of the emergency. Nothing
herein shall prohibit an increase in the price of an energy resource which is attributable to
additional costs incurred by such person in connection with the acquisition, production,
distribution or sale of such energy resource.
(c) Any violation of the provisions of this section shall be deemed an unfair trade
or deceptive practice under subsection (a) of section 42-110b.
(d) Any person who violates the provisions of this section or any order issued pursuant to section 42-231 shall be fined not more than one thousand dollars or imprisoned not
more than one year, or both, for each offense, except that any person who intentionally
violates the provisions of this section or any order issued pursuant to section 42-231 or
engages in a pattern of activity constituting repeated violations of this section or any
such order shall be fined not more than five thousand dollars or imprisoned not more
than five years, or both, for each offense. Each violation and each day on which the
violation occurs or continues shall be a separate offense.
(P.A. 91-367, S. 2.)
Cited. 231 C. 707.