13-41-102. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/5/2021

For purposes of this chapter:

(1)"Consumer" means a person who seeks to acquire or acquires a good or service for consumption.

(2)"Division" means the Division of Consumer Protection.

(a)"Emergency territory" means the geographical area:

(i)for which there has been a state of emergency declared; and

(ii)that is directly affected by the events giving rise to a state of emergency.

(b)"Emergency territory" does not include a geographical area that is affected by the events giving rise to a state of emergency only by economic market forces.

(4)"Excessive price" means:

(a)for a person that sold the good or provided the service in the 30-day period immediately preceding the day on which a state of emergency is declared:

(i)a price for a good or service that exceeds by more than 10% the highest price the person charged for the good or service in the 30-day period immediately preceding the day on which the state of emergency is declared; or

(ii)if the person's total cost for the good or service exceeds the average total cost to the person for the good or service in the 30-day period immediately preceding the day on which the state of emergency is declared, a price that exceeds by more than 10% the sum of:

(A)the total cost to the person for the good or service; and

(B)the person's customary margin; or

(b)for a person that did not sell the good or provide the service in the 30-day period immediately preceding the day on which a state of emergency is declared, a price for a good or service that is more than twice the person's total cost for the good or service.

(5)"Good" means any personal property displayed, held, or offered for sale by a merchant that is necessary for consumption or use as a direct result of events giving rise to a state of emergency.

(6)"Margin" means the difference between the sale price and the total cost of the good or service.

(7)"Retail" means the level of distribution where a good or service is typically sold directly, or otherwise provided, to a member of the public who is an end user and does not resell the good or service.

(8)"Service" means any activity that is performed in whole or in part for the purpose of financial gain including personal service, professional service, rental, leasing, or licensing for use that is necessary for consumption or use as a direct result of events giving rise to a state of emergency.

(9)"State of emergency" means a declaration of:

(a)an emergency or major disaster by the president of the United States of America; or

(b)a state of emergency by the governor under Section 53-2a-206 .

(a)"Total cost" means an amount equal to:

(i)the sum of all costs associated with a person obtaining a product or service and providing the product or service to a consumer, including fees, shipping, or employee labor; minus

(ii)any trade discount, cash discount, or manufacturer rebate.

(b)"Total cost" does not include an amount that incorporates an ongoing cost to operate a business that is not directly associated with a good or service.

Amended by Chapter 226 , 2021 General Session