(1) A person may not offer for sale, offer to provide, sell, or provide a good or service to a consumer at an excessive price, if: (a) a state of emergency exists; and (b) the person offers for sale, offers to provide, sells, or provides the good or service at retail: (i) (A) during the time period for which a state of emergency declared by the governor exists, if the state of emergency described in Subsection (1) is declared by the governor; or (B) for 30 days after the day on which the state of emergency begins, if the state of emergency described in Subsection (1)(a) is declared by the president of the United States; and (ii) within the emergency territory. (2) A person may offer for sale, offer to provide, sell, or provide a good or service as otherwise prohibited under Subsection (1), if the person establishes that: (a) the good or service is identical, similar, or comparable in nature to a good or service that the person sold or provided in the 30-day period immediately preceding the day on which the state of emergency described in Subsection (1)(a) is declared; and (b) the person applies the same margin to the good or service as the margin applied to the identical, similar, or comparable good or service described in Subsection (2)(a) during the 30-day period immediately preceding the day on which the state of emergency described in Subsection (1)(a) is declared. (3) Upon request of the division, a person allegedly offering for sale, offering to provide, selling, or providing a good or service at an excessive price in accordance with this chapter shall provide documentation to the division that the person is in compliance with this chapter.
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