Prohibition on price gouging

(a) Prohibition An operator of a retail food store may not sell or offer for sale an item at a grossly excessive price. (b) Affirmative defense An operator of a retail food store does not sell or offer for sale an item at a grossly excessive price in violation of subsection (a) if the retail food store demonstrates to the Commission that the increase in the price of the item involved is directly attributable to additional costs that are— (1) not within the control of the retail food store; and (2) incurred by the retail food store in procuring, acquiring, distributing, or providing the item. (c) Required guidance Not later than 180 days after the date of the enactment of this Act, the Commission shall promulgate, pursuant to 553 of title 5, United States Code, regulations with respect to violations of subsection (a) that shall include guidelines on what constitutes (for purposes of this Act)— (1) a market; (2) a grossly excessive price for an item; and (3) an excessive price for an item. (d) Definition of grossly excessive price (1) In general For purposes of subsection (a) and the guidelines required by subsection (c), the Commission shall define the term grossly excessive price using any metric it deems appropriate. (2) Definition considerations In formulating the definition described in paragraph (1), the Commission shall consider whether to provide that such term shall include a price for an item that is an amount equal to or greater than 120 percent (or a lesser percentage, as determined appropriate by the Commission) of the average price for such item in the market during the 6-month period preceding the sale or offer for sale that allegedly violates subsection (a).