Legislation & Legal

Attention CSSA Members –

The Governor has declared a State of Emergency due to the ongoing storms.  Below is the Attorney General’s News Release stating that this State of Emergency has triggered the Price Gouging statute (see highlight below).

News Release
January 5, 2023
For Immediate Release
(916) 210-6000
agpressoffice@doj.ca.gov

Attorney General Bonta Warns Against Illegal Price Gouging Amidst Winter Storms

OAKLAND – California Attorney General Rob Bonta today issued a consumer alert following the Governor’s declaration of a state of emergency amidst the ongoing winter storms set to continue this week. The heaviest precipitation is expected Thursday morning in Northern California, extending into Thursday night in Southern California. Residual flooding impacts could extend into the weekend along with additional storms lingering into next week. In today’s alert, Attorney General Bonta urges Californians to take precautions to stay safe during the coming storm and reminds them that price gouging during a state of emergency is illegal under Penal Code Section 396.

“California is currently undergoing another round of heavy rain and potential flooding,” said Attorney General Bonta. “As the state endures road closures, power outages, and other potential impacts, it's important that Californians take the necessary precautions to protect themselves and their families. It's also important that businesses not take advantage of the current demand for essential supplies. With the Governor's declaration of a state of emergency, price gouging protections are in full effect. If you believe you have been a victim of price gouging, report it to your local authorities or to my office at oag.ca.gov/report.”

California law generally prohibits charging a price that exceeds, by more than 10%, the price of an item before a state or local declaration of emergency. For any item a seller only began selling after an emergency declaration, the law generally prohibits charging a price that exceeds the seller's cost of the item by more than 50%. This law applies to those who sell food, emergency supplies, medical supplies, building materials, and gasoline. The law also applies to repair or reconstruction services, emergency cleanup services, certain transportation services, freight and storage services, hotel accommodations, and rental housing. Exceptions to this prohibition exist if, for example, the price of labor, goods, or materials has increased for the business.  

Violators of the price gouging statute are subject to criminal prosecution that can result in a one-year imprisonment in county jail and/or a fine of up to $10,000. Violators are also subject to civil enforcement actions including civil penalties of up to $2,500 per violation, injunctive relief, and mandatory restitution. The Attorney General and local district attorneys can enforce the statute. 

For additional information on price gouging, please see oag.ca.gov/consumers/pricegougingduringdisasters.

You may view the full account of this posting, including possible attachments, in the News & Alerts section of our website at: https://oag.ca.gov/news/press-releases/attorney-general-bonta-warns-against-illegal-price-gouging-amidst-winter-storms

CSSA Office: 5325 Elkhorn Blvd., #283, Sacramento, CA 95842 | Phone: 888-277-2207

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FOR IMMEDIATE RELEASE:
Monday, August 1, 2022
Governor's Press Office: (916) 445-4571

Governor Newsom Proclaims State of Emergency to Support State’s Response to Monkeypox

SACRAMENTO – As part of the state’s ongoing response to the monkeypox outbreak, Governor Gavin Newsom today declared a State of Emergency to bolster the state’s vaccination efforts. The proclamation supports the work underway by the California Department of Public Health and others in the administration to coordinate a whole-of-government response to monkeypox, seek additional vaccines and lead outreach and education efforts on accessing vaccines and treatment.

“California is working urgently across all levels of government to slow the spread of monkeypox, leveraging our robust testing, contact tracing and community partnerships strengthened during the pandemic to ensure that those most at risk are our focus for vaccines, treatment and outreach,” said Governor Newsom. “We’ll continue to work with the federal government to secure more vaccines, raise awareness about reducing risk, and stand with the LGBTQ community fighting stigmatization.”

To expand vaccination efforts, the proclamation enables Emergency Medical Services (EMS) personnel to administer monkeypox vaccines that are approved by the FDA, similar to the statutory authorization recently enacted for pharmacists to administer vaccines. The state’s response to monkeypox builds on the infrastructure developed during the COVID-19 pandemic to deploy vaccine clinics and ensure inclusive and targeted outreach in partnership with local and community-based organizations.

A copy of the emergency proclamation can be found here.

Last month, California public health leaders urged federal partners to make more vaccine doses available to the state as quickly as possible so that the state can expand eligibility to both confirmed and probable exposures, as well as to individuals who are at high-risk of contracting the virus. To date, the state has distributed more than 25,000 vaccine doses and will make additional allocations in the coming days and weeks. Los Angeles County has received a separate allocation of vaccine. In all, the state has received more than 61,000 doses. The state is also supporting overall vaccination efforts in collaboration with locals, including helping provide staffing and mobile clinics. The state allocates doses to local health departments based on a number of factors, including the number of reported monkeypox cases in an area and estimate of at-risk populations.  

As of July 28, the state had expanded its testing capacity to process more than 1,000 tests a week. The state's public health laboratory leaders have been working with local public health, academic, and commercial laboratories to ensure testing capacity is increasingly available and coordinated with the public health response. CDPH is also expanding treatment options. Access to the antiviral prescription drug tecovirimat (TPOXX) used to treat monkeypox is limited, but the treatment can now be administered at more than 30 facilities and providers across the state. 

The state continues outreach and education efforts to inform Californians about monkeypox and ways to limit its spread. The state has hosted multiple webinars for local health departments, community-based organizations, and other health care providers and has attended various town halls and community meetings to speak with and hear from the public and local leaders. CDPH is also scheduling listening sessions with the LGBTQ community. CDPH is currently running paid ad campaigns on various digital media platforms to promote awareness and engage communities at higher risk of contracting monkeypox.

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Governor Gavin Newsom
1021 O Street, Suite 9000
Sacramento, CA 95814


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