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Ex. AGY-ST-CORRECTIONS-EMA-GUARD-096 Order Primary source read

Executive Order 2020-18 (COVID-19)

Enhanced restrictions on price gouging: no resale of a product at a price grossly in excess of its purchase price; no sale of any product at a price more than 20 percent above its Mar. 9, 2020 price absent proof of increased cost; 'product' includes any emergency supply

Governor Gretchen Whitmer · Michigan (Governor); State level (State)

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The COVID Project

The record

Jurisdiction
Michigan (Governor); State level · Michigan
Level
State
Authority
MCL 30.403; MCL 10.31
Issued
2020-03-20 Mar. 20, 2020
Effective
2020-03-20 (immediately) (read as 2020-03-20)
End
2020-04-17 at 11:59 p.m., continued by EO 2020-33 (Apr. 3, 2020), EO 2020-53 (Apr. 13, 2020; Ex. 097) and successors through Oct. 2, 2020 (In re Certified Questions); MDHHS and the Attorney General thereafter (read as 2020-04-17)
In force
Mar. 20, 2020 to Apr. 17, 2020
Quarters
2020 Q2
Limitation types
Supply chainOther
Addressees
  • every person (individual, business or other legal entity) selling or reselling products in Michigan
Functions reached
  • SF pricing of PPE, sanitizer and every consumer product under $1,000
  • SC distributors' and resellers' margins
  • CB
Collection
State corrections, emergency management and Guard AGY-ST-CORRECTIONS-EMA-GUARD

Operative words

1. Effective immediately and continuing until April 17, 2020 at 11:59 pm, if a person has acquired any product from a retailer, the person must not resell that product in this state at a price that is grossly in excess of the purchase price at which the person acquired the product. 2. Effective immediately and continuing until April 17, 2020 at 11:59 pm, a person must not offer for sale or sell any product in this state at a price that is more than 20% higher than what the person offered or charged for that product as of March 9, 2020, unless the person demonstrates that the price increase is attributable to an increase in the cost of bringing the product to market or to an extraordinary discount in effect as of March 9, 2020. 3. For purposes of this order: a. 'Person' means an individual, business, or other legal entity. b. 'Product' means any good, material, or consumer food item with a fair market value of less than $1,000.00, or any emergency supply.

Enforcement

'Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor'; Attorney General enforcement under the Consumer Protection Act preserved

Notes

Michigan's State-level PPE price control; reached every retailer, wholesaler and reseller in the State.

Retrieval note

Rescinds EO 2020-8 (Mar. 15, 2020), the first Michigan price order.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.