S.C. Code Ann. § 39-5-145 – Price gouging during emergency; definitions; penalty; evidence of knowledge or intent

(A) As used in this section:
1. (1) "Commodity" means goods, services, materials, merchandise, supplies, equipment, resources, or other articles of commerce, and includes, without limitation, food, water, ice, chemicals, petroleum products, and lumber essential for consumption or use as a direct result of a declared state of emergency.
2. (2)
  1. (a) "Unconscionable price" means an amount charged, which:
    1. (i) represents a gross disparity between the price of the commodity or rental or lease of a dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the thirty days immediately before a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of the dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility, or regional, national, or international market trends; or
    2. (ii) grossly exceeds the average price at which the same or similar commodity, dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility was readily obtainable in the trade area during the thirty days immediately before a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of the dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility, or regional, national, or international market trends.
  2. (b) It is prima facie evidence that a price is unconscionable if it meets the definition of item (i) or (ii).
(B)
1. (1) Upon a declaration of a state of emergency by the Governor, it is unlawful and a violation of this article for a person or his agent or employee to:
  1. (a) rent or sell or offer to rent or sell a commodity at an unconscionable price within the area for which the state of emergency is declared; or
  2. (b) impose unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility within the area for which the state of emergency is declared.
2. (2) This prohibition remains in effect until the declaration expires or is terminated.
(C)
1. (1) Upon a declaration of a state of disaster by the President, in which the disaster area includes all or a portion of the State of South Carolina, it is unlawful and a violation of this article for a person or his agent or employee in this State to:
  1. (a) rent or sell or offer to rent or sell a commodity at an unconscionable price within the area for which the state of disaster is declared; or
  2. (b) impose unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility within the area for which the state of disaster is declared.
2. (2) This prohibition remains in effect until the declaration expires or is terminated.
(D) A price increase approved by an appropriate government agency is not a violation of this section.
(E) This section does not apply to sales by growers, producers, or processors of raw or processed food products, except for retail sales of those products to the ultimate consumer within the area of the declared state of emergency or disaster.
(F) This section does not preempt the powers of local government, except that the evidentiary standards contained in this section are the sole evidentiary standards to be adopted by ordinance of a local government to restrict price gouging during a declared state of emergency or disaster. In the event a local government declares a state of emergency or disaster in which the disaster area includes all or a portion of the area under the local government's jurisdiction, and restricts price gouging during that emergency or disaster, the governmental entity must notify the Governor's Office of such declaration. The Governor's Office must notify registered agents simultaneously at the time of the declaration and also at the termination of the state of emergency.
(G) In addition to all other remedies provided in this article, a person who wilfully and knowingly violates this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one thousand dollars or imprisoned not more than thirty days.
(H) Any person who is charged with committing an action in violation of this section may present evidence relating to, but not limited to, his knowledge or intent when committing such action in order to rebut any presumption or evidence of violation of this section.