{"data":{"id":"us-ky/krs-367.374","jurisdiction":"us-ky","citation":"KRS 367.374","heading":"Sale or rental of goods and services during declared state of emergency --","body":"Fifteen-day prohibition against grossly excessive prices -- Additional fifteen -\nday extensions to protect citizens -- Application of section.\n(1) (a) When a Condition Red has been declared by the United States Department of\nHomeland Security under the Homeland Security Advisory System, the\nSecretary of the Department of Health and Human Services, under Section\n319 of the Public Health Service Act, declares a public hea lth emergency, or\nthe Governor has declared a state of emergency under KRS 39A.100, the\nGovernor may implement this section by executive order for a period of\nfifteen (15) days from notification of implementation, as required by KRS\n367.376. The order impl ementing this section shall be limited to the\ngeographical area indicated in the declaration of emergency. The Governor\nmay terminate or limit the scope of the order at any time.\n(b) No person shall sell, rent, or offer to sell or rent, regardless of wheth er an\nactual sale or rental occurs, a good or service listed in this paragraph or any\nrepair or reconstruction service for a price which is grossly in excess of the\nprice prior to the declaration and unrelated to any increased cost to the seller.\nGoods and services to which this section applies are:\n1. Consumer food items;\n2. Goods or services used for emergency cleanup;\n3. Emergency supplies;\n4. Medical supplies;\n5. Home heating oil;\n6. Building materials;\n7. Housing;\n8. Transportation, freight, and storage services;\n9. Gasoline or other motor fuels; and\n10. Direct care staff services provided by a health care services agency as\ndefined in KRS 216.718.\n(c) A person's price does not violate this subsection if it is:\n1. Related to an additional cost imposed by a supplier of a good or other\ncosts of providing the good or service, including an additional cost for\nlabor or materials used to provide a service;\n2. Ten percent (10%) or less above the price prior to the declaration;\n3. Ten percent (10%) or less above the sum of the person's costs and\nnormal markup for a good or service;\n4. Generally consistent with fluctuations in applicable commodity,\nregional, national, or international markets, or seasonal fluctuations; or\n5. A contract price, or the result of a price formula, established prior to the\norder implementing this subsection.\n(d) Whether a price violates this subsection is a question of law. In determining if\na violation of this subsection has occurred, the court shall consider all relevant\ncircumstances, including prices prevailing in the locality at that time.\n(2) The provisions of this section may be extended for up to three (3) additional fifteen\n(15) day periods by the Governor, if necessary to protect the lives,  property, or\nwelfare of the citizens.\n(3) If a person sold or rented a good or service listed in subsection (1) of this section at\na reduced price in the thirty (30) days prior to the Governor's implementation of this\nsection, the price at which that pers on usually sells or rents the good or service in\nthe area for which the declaration was issued shall be used in determining if the\nperson is in violation of this section.\n(4) If a person did not sell or rent or offer to sell or rent a good or service liste d in\nsubsection (1) of this section prior to the Governor's implementation of this section,\nthe price at which a good or service was generally available in the area for which\nthe declaration was issued shall be used in determining if the person is in viola tion\nof this section.\n(5) Nothing in this section shall be affected by the requirements of KRS 39A.090.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52779","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:03Z","sha256":"ac0b0828fdfab4662e7326302eb4ad9e94bd016bd0352356b7155aa3bc010fe4","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.372","next":"us-ky/krs-367.376"},"notice":"GroundRules: Original legal text. Not legal advice."}