{"id":"AGY-ST-UTILITIES-HOUSING-AG-031","kind":"order","level":"state","jurisdiction":"Minnesota (Governor, enforced by the Attorney General)","state":"MN","metro":"","industry":"","agency":"ST-UTILITIES-HOUSING-AG","eco":"","issuer":"Governor Tim Walz; approved by the Executive Council and filed with the Secretary of State March 20, 2020","authority":"Minn. Stat. 12.21, subd. 3(1); 12.45; 8.31","instrument":"Emergency Executive Order 20-10","title":"Combatting Price Gouging During the COVID-19 Peacetime Emergency","dateIssued":"2020-03-20","effective":"2020-03-21 5:00 p.m.","end":"\u0027for the duration of the peacetime emergency declared in Executive Order 20-01 or until this Executive Order is rescinded\u0027; the peacetime emergency ended July 1, 2021 (see MN-038 and MN-042 in the Minnesota State file)","startDate":"2020-03-21","endDate":"2021-07-01","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["OTHER"],"addressees":["all persons (individuals, businesses and other legal entities) selling or offering to sell essential consumer goods or services in Minnesota"],"clause":"1. Beginning March 21, 2020 at 5:00 pm, and continuing for the duration of the peacetime emergency declared in Executive Order 20-01 or until this Executive Order is rescinded, all persons are prohibited from selling, offering to sell, or causing to sell in this state any essential consumer goods or services for an amount that represents an unconscionably excessive price. 2.... b. \u0027Essential consumer goods or services\u0027 means goods or services vital and necessary for the health, safety, and welfare of the public, including without limitation: food, water, fuel, gasoline, housing, shelter, transportation, health care goods and services, pharmaceuticals, medical supplies, and personal hygiene, sanitation, and cleaning goods. c. \u0027Unconscionably excessive\u0027 means: i. The amount charged represents a gross disparity between the price of the good or service and the price of the same good or service that was sold or offered for sale in the usual course of business during the thirty (30) days immediately prior to the peacetime emergency...; or ii. The amount charged for the good or service is more than twenty percent (20%) greater than the price of the same good or service that was sold or offered for sale in the usual course of business during the thirty (30) days immediately prior to the peacetime emergency... unless the person demonstrates that the disparity is substantially attributable to significant additional costs outside the control of the person; or iii. The amount charged grossly exceeds the price at which the same or similar good or service is readily obtainable by other purchasers in the trade area... 3. The Attorney General may investigate and bring an enforcement action to remediate and enjoin any alleged violation of this section.... 4. Pursuant to Minnesota Statutes 2019, section 12.45, any person who is found to have violated this section is subject to a civil penalty of not more than $10,000 per sale or transaction.","enforcement":"Minn. Stat. 12.45: civil penalty of not more than $10,000 per sale or transaction; Attorney General enforcement under Minn. Stat. 8.31","functions":["SF and pricing of every retailer, wholesaler, distributor and service provider of essential goods and services (20 percent cap over the pre-emergency price)","SC pass-through of supplier cost increases permitted only on proof","CB","OP pricing, records and compliance","RT retail products in personal-care and other service businesses"],"notes":"One of the few price-gouging instruments that ran through the entire emergency (Mar. 21, 2020 to July 1, 2021) and that expressly covered \u0027housing, shelter, transportation\u0027 and \u0027health care goods and services\u0027 as well as retail goods. In force on July 1, 2021, the first day of the third quarter of 2021.","sourceUrl":"https://www.lrl.mn.gov/archive/execorders/20-10.pdf","snapshot":"","fileExists":true,"fileBytes":326304,"grade":"primary","character":"","description":"","collection":"AGY-ST-UTILITIES-HOUSING-AG","url":"/library/AGY-ST-UTILITIES-HOUSING-AG-031","exhibitUrl":"/exhibit/AGY-ST-UTILITIES-HOUSING-AG-031","citation":"Governor Tim Walz; approved by the Executive Council and filed with the Secretary of State March 20, 2020, Emergency Executive Order 20-10 (Mar. 20, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-031)","stateName":"Minnesota","related":["MN-038","MN-042"]}