ORS 401.965
Abnormal disruption of market

(1)

As used in subsections (1) to (4) of this section, the terms “merchant” and “wholesaler” do not include a public body as that term is defined in ORS 174.109 (“Public body” defined), a public utility as defined in ORS 757.005 (Definition of public utility) (1)(a)(A) or an electric utility as defined in ORS 757.600 (Definitions for ORS 757.600 to 757.687).

(2)

A merchant or wholesaler may not sell or offer to sell essential consumer goods or services for an amount that represents an unconscionably excessive price during a declaration of an abnormal disruption of the market under subsections (5) to (7) of this section.

(3)

It is a question of law whether a price is unconscionably excessive. Proof that a price is unconscionably excessive may be shown by evidence that:

(a)

The amount charged for essential consumer goods or services exceeds by 15 percent or more the price at which the goods or services were sold or offered for sale by the merchant or wholesaler in the usual course of business immediately prior to or during a declaration of an abnormal disruption of the market; or

(b)

The amount charged for the essential consumer goods or services exceeds by 15 percent or more the price at which the same or similar consumer goods or services were readily obtainable by other consumers in or near the geographical area covered by the declaration of an abnormal disruption of the market.

(4)

Evidence described in subsection (3) of this section constitutes prima facie proof of a violation of subsections (1) to (4) of this section. Evidence described in subsection (3) of this section is not prima facie evidence of a violation of subsections (1) to (4) of this section if the amount charged by the merchant or wholesaler is:

(a)

Attributable to additional costs imposed by the merchant’s or wholesaler’s suppliers or necessarily incurred in procuring the essential consumer goods or services immediately prior to or during the declaration of an abnormal disruption of the market; or

(b)

The result of increased internal costs or expenses related to the declaration of an abnormal disruption of the market or the result of increased costs unrelated to the declaration of an abnormal disruption of the market.

(5)

If the Governor determines that an abnormal disruption of the market has occurred, the Governor may declare an abnormal disruption of the market by a proclamation, as part of a state of emergency declared under ORS 401.165 (Declaration of state of emergency), or both.

(6)

The Governor’s declaration of an abnormal disruption of the market under subsection (5) of this section shall specify:

(a)

The geographical area covered by the declaration. The area may be no larger than necessary to effectively respond to the abnormal disruption of the market.

(b)

The date and time at which the abnormal disruption of the market commenced. The date of commencement of the abnormal disruption of the market may precede the date on which the declaration is made.

(c)

That the declaration will terminate automatically 30 days after the date on which the Governor makes the declaration unless the Governor extends the declaration in accordance with paragraph (d) of this subsection or unless the Governor or the Legislative Assembly terminates the declaration sooner.

(d)

That the Governor may extend the declaration for additional 30-day periods by subsequent declarations that the abnormal disruption of the market continues to exist.

(7)

The Governor’s declaration of an abnormal disruption of the market is subject to termination:

(a)

By the Governor when the Governor determines that an abnormal disruption of the market no longer exists.

(b)

At any time by joint resolution of the Legislative Assembly.

(c)

Automatically 30 days after the date on which the Governor makes the declaration unless the Governor or the Legislative Assembly terminates the declaration sooner. The Governor may extend the declaration for subsequent 30-day periods by declaring for each such extension that the abnormal disruption of the market continues to exist. An extension the Governor declares in accordance with this paragraph also terminates 30 days after the date on which the Governor declared the extension unless the Governor declares another extension or unless the Governor or the Legislative Assembly terminates the extension sooner. [Formerly 401.107]

Source: Section 401.965 — Abnormal disruption of market, https://www.­oregonlegislature.­gov/bills_laws/ors/ors401.­html.

401.025
Definitions for ORS chapter 401 401.032
Statement of policy and purpose 401.035
Responsibility for emergency services systems 401.052
Responsibilities of Oregon Department of Emergency Management 401.054
Liaisons with Oregon Department of Emergency Management 401.062
Oregon Department of Emergency Management 401.072
Appointment of deputy director 401.076
Rules 401.082
Advisory and technical committees 401.088
Interagency agreements 401.092
Duties of director 401.094
System for notification of emergencies 401.096
Federal grants for emergency management and services 401.109
Oregon Homeland Security Council 401.114
Emergency preparedness functions 401.165
Declaration of state of emergency 401.168
Governor’s powers during state of emergency 401.175
Additional powers during emergency 401.178
Removal of disaster debris or wreckage 401.185
Providing temporary housing during emergency 401.186
Waiver of waiting period for unemployment benefits 401.188
Management of resources during emergency 401.192
Effect of rules and orders during emergency 401.198
Seizure of firearms during emergency 401.204
Termination of state of emergency 401.232
Federal financial assistance to political subdivision 401.234
Federal financial assistance to individuals or families 401.236
Rules 401.239
First informers 401.256
Oregon Safety Assessment Program 401.305
Emergency management agency of city, county or tribal government 401.307
Emergency management agency appropriation 401.309
Declaration of state of emergency by city or county 401.315
City or county authorized to incur obligations for emergency services 401.335
Temporary housing for disaster victims 401.341
Building inspections by private qualified professionals 401.358
Definitions for ORS 401.358 to 401.368 401.362
Application 401.364
Coverage under Oregon Tort Claims Act 401.368
Workers’ compensation benefits 401.378
Leaves of absence for certified disaster relief volunteers 401.505
Acceptance of aid for emergency services 401.525
Use of moneys and property for emergency services authorized 401.532
Oregon Pre-Disaster Mitigation Fund 401.534
Oregon Disaster Response Fund 401.536
Oregon Local Disaster Assistance Loan and Grant Account 401.551
Emergency preparedness equipment grant program 401.552
Resiliency Grant Fund 401.651
Definitions for ORS 401.651 to 401.670 401.654
Registry of emergency health care providers 401.655
Practice by out-of-state health care provider during emergency 401.656
Provision of health care services by members of Oregon National Guard during emergency 401.657
Emergency health care facility 401.658
Provision of health care services by former health care provider during emergency 401.661
Provision of health care services after declaration of emergency 401.664
Emergency operations plan 401.667
Coverage under Oregon Tort Claims Act 401.670
Rules 401.680
Legislative findings 401.685
Definitions 401.690
Exemption from certain taxes, registration and licensing requirements 401.695
Reporting by registered business to Oregon Department of Administrative Services 401.851
Wildfire planning and coordination 401.900
State and local agency earthquake drills 401.902
Private employer earthquake drills 401.904
Rules 401.910
Grant program for seismic rehabilitation of certain facilities 401.913
State Resilience Officer 401.915
Seismic Safety Policy Advisory Commission 401.918
Mission of commission 401.920
Officers 401.922
Support services 401.925
Advisory and technical committees 401.930
Assignment by Governor of local resources under direction of State Fire Marshal 401.932
Powers and duties of local personnel acting under direction of State Fire Marshal 401.935
Liability for expenses incurred and for loss or damage to local equipment 401.938
Liability for expenses incurred using local personnel 401.940
Immunity from liability for local personnel acting in line of duty 401.950
Definitions 401.952
Uniform tsunami warning signal 401.955
Contributions to finance tsunami warning system 401.960
Definitions for ORS 401.960, 401.962, 401.965 and 401.970 401.962
Legislative findings 401.965
Abnormal disruption of market 401.970
Applicability of remedies 401.975
Legislative findings 401.977
Animal emergency operations plan 401.978
Livestock emergency operations plan 401.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 401.965’s source at oregon​.gov