(a)

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Terms Used In Tennessee Code 47-18-5103

  • Abnormal economic disruption: means a disruption or anticipated disruption to usual business conditions caused by a natural or man-made disaster or emergency resulting from a terrorist attack, war, strike, civil disturbance, tornado, earthquake, fire, flood, or any other natural disaster or man-made disaster. See Tennessee Code 47-18-5102
  • Building materials: means lumber, construction tools, windows, and anything else used in the building or rebuilding of property. See Tennessee Code 47-18-5102
  • Costs: means any expense or expenditure directly or indirectly related to the sale of a good or provision of a service or the operation of the person's business. See Tennessee Code 47-18-5102
  • Emergency supplies: includes , but is not limited to, water, flashlights, radios, batteries, candles, blankets, soap, diapers, temporary shelters, tape, toiletries, plywood, nails, and hammers. See Tennessee Code 47-18-5102
  • Gasoline: means any fuel used to power any motor vehicle or power tool. See Tennessee Code 47-18-5102
  • Housing: means any rental housing leased on a month-to-month term. See Tennessee Code 47-18-5102
  • Medical supplies: includes , but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products. See Tennessee Code 47-18-5102
  • Person: means a natural person, consumer, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized. See Tennessee Code 47-18-2102
(1) Upon the declaration of an abnormal economic disruption by the governor by proclamation or executive order, and continuing for a maximum of fifteen (15) calendar days, unless extended by a subsequent declaration in any county or municipality covered by the abnormal economic disruption, a person is prohibited from charging any other person a price for the following goods or services that is grossly in excess of the price generally charged for the same or similar goods or services in the usual course of business:

(A) Consumer food items;
(B) Repair or construction services;
(C) Emergency supplies;
(D) Medical supplies;
(E) Building materials;
(F) Gasoline;
(G) Transportation, freight, and storage services;
(H) Housing; or
(I) Temporary healthcare staffing provided by a temporary healthcare staffing agency as defined by § 68-11-2301.
(2) A declaration of an abnormal economic disruption by the governor may specify that only certain goods or services are covered by the prohibition described in subdivision (a)(1).
(b) A price increase is not grossly excessive if the increase was directly attributable to:

(1) Price increases in applicable regional, national, or international commodity markets;
(2) Pricing set forth in any pre-existing agreement, including stored and in-transit inventory;
(3) Additional costs imposed on the person by the supplier of the goods or services; or
(4) Additional costs for labor, services, or materials used to provide the goods or services, including costs of replacement inventory, additional costs to transport goods or services, and additional labor charges.
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