Governor Perdue's Gas Gouging Statute for Georgia

As many of you know, gas prices reflect the presence of Hurricane Ike in the Gulf.

The rise in fuel prices is a natural reaction to the market. Georgians have been through this before with Hurricanes Katrina and Rita in 2005 and we’ll manage the temporary spike in price through common sense and conservation. As we’ve done recently in the face of high gas prices; let’s reduce unnecessary travel, carpool and use mass transit, drive a little slower, and fuel up only when we need to.

Governor Perdue signed an Executive Order today enacting Georgia’s price gouging statue to protect Georgia consumer from unlawful increases in gas prices and other products (see below).

If constituents feel they need to report price gouging, send them to the Governor’s Office of Consumer Affairs – 1-800-869-1123 or 404-651-8600.

Georgia’s price gouging statute prevents retailers from selling goods or services at an unreasonable or egregious price. Georgia’s price gouging statute does not prevent price increases that accurately reflect an increase in the cost of the goods or services to the retailer, an increase in the cost of transporting the goods or services into the area, or an increase due to the market forces of supply and demand.

The text of the Executive Order is below:

WHEREAS: Hurricane Ike has caused a natural disaster throughout much of the Gulf Coast region, thereby adversely affecting the motor fuel supplies to the State of Georgia; and

WHEREAS: Price gouging related to motor fuels is detrimental to the social and economic welfare of the citizens of Georgia; and

WHEREAS: Wholesale and retail gas prices have substantially increased in some markets in recent hours; and

WHEREAS: In the light of these circumstances, and to protect public health, safety and welfare, it is necessary to prevent price gouging using the authority vested in the Governor by virtue of O.C.G.A. Section 38-3-51.

NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY

ORDERED: That a State of Emergency exists in the State of Georgia and that the O.C.G.A. Section 10-1-393.4, prohibiting price gouging, is activated.

This 12th day of September, 2008
Governor Sonny Perdue