59.1-535 - Prohibitions. - Virginia Statutes

§ 59.1-535. Prohibitions.

During any influenza vaccine shortage period, it shall be unlawful for anyperson to sell or administer, or to offer to sell or administer, influenzavaccine at an unconscionable price within the Commonwealth. Actual sales atthe increased price shall not be required for the increase to be consideredunconscionable. In determining whether the price at which influenza vaccineis sold or administered is unconscionable, the following shall be considered:

1. Whether the price charged by the person for selling or administering theinfluenza vaccine grossly exceeded the price charged by the person thereforduring the 10 days immediately prior to the commencement of the influenzavaccine shortage period; however, with respect to any person who was offeringinfluenza vaccine at a reduced price immediately prior to the commencement ofthe influenza vaccine shortage period, the price at which the person usuallyoffers influenza vaccine shall be used as the benchmark for these purposes;

2. Whether the price charged by the person grossly exceeded the price atwhich influenza vaccine was readily obtainable by consumers in the trade areaduring the 10 days immediately prior to the commencement of the influenzavaccine shortage period; and

3. Whether the increase in the amount charged by the person was attributablesolely to additional costs incurred by the person in connection with the saleof the influenza vaccine, including additional costs imposed by the person'ssource. Proof that the person incurred such additional costs during the timeof the influenza vaccine shortage period shall be prima facie evidence thatthe price increase was not unconscionable.

(2005, c. 861.)