{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-535.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-535.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-535.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-535.html"}],"law_id":70086,"edition_id":1,"section_id":70086,"structure_id":16178,"section_number":"59.1-535","catch_line":"Prohibitions","history":"2005, c. 861.","full_text":"During any influenza vaccine shortage period, it shall be unlawful for any person to sell or administer, or to offer to sell or administer, influenza vaccine at an unconscionable price within the Commonwealth. Actual sales at the increased price shall not be required for the increase to be considered unconscionable. In determining whether the price at which influenza vaccine is sold or administered is unconscionable, the following shall be considered:\n\n1\n\nWhether the price charged by the person for selling or administering the influenza vaccine grossly exceeded the price charged by the person therefor during the 10 days immediately prior to the commencement of the influenza vaccine shortage period; however, with respect to any person who was offering influenza vaccine at a reduced price immediately prior to the commencement of the influenza vaccine shortage period, the price at which the person usually offers influenza vaccine shall be used as the benchmark for these purposes;2\n\nWhether the price charged by the person grossly exceeded the price at which influenza vaccine was readily obtainable by consumers in the trade area during the 10 days immediately prior to the commencement of the influenza vaccine shortage period; and3\n\nWhether the increase in the amount charged by the person was attributable solely to additional costs incurred by the person in connection with the sale of the influenza vaccine, including additional costs imposed by the person’s source. Proof that the person incurred such additional costs during the time of the influenza vaccine shortage period shall be prima facie evidence that the price increase was not unconscionable.","order_by":null,"text":{"0":{"id":253101,"text":"During any influenza vaccine shortage period, it shall be unlawful for any person to sell or administer, or to offer to sell or administer, influenza vaccine at an unconscionable price within the Commonwealth. Actual sales at the increased price shall not be required for the increase to be considered unconscionable. In determining whether the price at which influenza vaccine is sold or administered is unconscionable, the following shall be considered:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":253102,"text":"Whether the price charged by the person for selling or administering the influenza vaccine grossly exceeded the price charged by the person therefor during the 10 days immediately prior to the commencement of the influenza vaccine shortage period; however, with respect to any person who was offering influenza vaccine at a reduced price immediately prior to the commencement of the influenza vaccine shortage period, the price at which the person usually offers influenza vaccine shall be used as the benchmark for these purposes;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":253103,"text":"Whether the price charged by the person grossly exceeded the price at which influenza vaccine was readily obtainable by consumers in the trade area during the 10 days immediately prior to the commencement of the influenza vaccine shortage period; and","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":253104,"text":"Whether the increase in the amount charged by the person was attributable solely to additional costs incurred by the person in connection with the sale of the influenza vaccine, including additional costs imposed by the person’s source. Proof that the person incurred such additional costs during the time of the influenza vaccine shortage period shall be prima facie evidence that the price increase was not unconscionable.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"ancestry":[{"id":16178,"edition_id":1,"name":"Influenza Vaccine Price Gouging","identifier":"48","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 04:08:20","date_modified":"2026-06-26 04:08:20","permalink":{"id":262523,"object_type":"structure","relational_id":16178,"identifier":"48","token":"59.1\/48","url":"\/59.1\/48\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73808,"structure_id":16178,"section_number":"59.1-533","catch_line":"Definitions","url":"\/59.1-533\/","token":"59.1\/48\/59.1-533","metadata":false},{"id":67659,"structure_id":16178,"section_number":"59.1-534","catch_line":"Proclamation of influenza vaccine shortage","url":"\/59.1-534\/","token":"59.1\/48\/59.1-534","metadata":false},{"id":70086,"structure_id":16178,"section_number":"59.1-535","catch_line":"Prohibitions","url":"\/59.1-535\/","token":"59.1\/48\/59.1-535","metadata":false},{"id":67405,"structure_id":16178,"section_number":"59.1-536","catch_line":"Complaint investigations","url":"\/59.1-536\/","token":"59.1\/48\/59.1-536","metadata":false},{"id":64496,"structure_id":16178,"section_number":"59.1-537","catch_line":"Enforcement; penalties","url":"\/59.1-537\/","token":"59.1\/48\/59.1-537","metadata":false}],"previous_section":{"id":67659,"structure_id":16178,"section_number":"59.1-534","catch_line":"Proclamation of influenza vaccine shortage","url":"\/59.1-534\/","token":"59.1\/48\/59.1-534","metadata":false},"next_section":{"id":67405,"structure_id":16178,"section_number":"59.1-536","catch_line":"Complaint investigations","url":"\/59.1-536\/","token":"59.1\/48\/59.1-536","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-535\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 861<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":67405,"section_number":"59.1-536","catch_line":"Complaint investigations","order_by":null,"url":"\/59.1-536\/"}],"refers_to":false,"permalink":{"id":262533,"object_type":"law","relational_id":70086,"identifier":"59.1-535","token":"59.1\/48\/59.1-535","url":"\/59.1-535\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-535\/","token":"59.1\/48\/59.1-535","dublin_core":{"Title":"Prohibitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-535","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

During any influenza vaccine shortage period<\/span>, it shall be unlawful for any person to sell or administer, or to offer to sell or administer, influenza vaccine at an unconscionable price within the Commonwealth. Actual sales at the increased price shall not be required for the increase to be considered unconscionable. In determining whether the price at which influenza vaccine is sold or administered is unconscionable, the following shall be considered:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Whether the price charged by the person for selling or administering the influenza vaccine grossly exceeded the price charged by the person therefor during the 10 days immediately prior to the commencement of the influenza vaccine shortage period<\/span>; however, with respect to any person who was offering influenza vaccine at a reduced price immediately prior to the commencement of the influenza vaccine shortage period<\/span>, the price at which the person usually offers influenza vaccine shall be used as the benchmark for these purposes; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Whether the price charged by the person grossly exceeded the price at which influenza vaccine was readily obtainable by consumers in the trade area during the 10 days immediately prior to the commencement of the influenza vaccine shortage period<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Whether the increase in the amount charged by the person was attributable solely to additional costs incurred by the person in connection with the sale of the influenza vaccine, including additional costs imposed by the person’s source. Proof that the person incurred such additional costs during the time of the influenza vaccine shortage period<\/span> shall be prima facie evidence<\/span> that the price increase was not unconscionable. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITIONS (\u00a7 59.1-535)\n\nDuring any influenza vaccine shortage period, it shall be unlawful for any\nperson to sell or administer, or to offer to sell or administer, influenza\nvaccine at an unconscionable price within the Commonwealth. Actual sales at the\nincreased price shall not be required for the increase to be considered\nunconscionable. In determining whether the price at which influenza vaccine is\nsold or administered is unconscionable, the following shall be considered:\n\n1. Whether the price charged by the person for selling or administering the\ninfluenza vaccine grossly exceeded the price charged by the person therefor\nduring the 10 days immediately prior to the commencement of the influenza\nvaccine shortage period; however, with respect to any person who was offering\ninfluenza vaccine at a reduced price immediately prior to the commencement of\nthe influenza vaccine shortage period, the price at which the person usually\noffers influenza vaccine shall be used as the benchmark for these purposes;\n\n2. Whether the price charged by the person grossly exceeded the price at which\ninfluenza vaccine was readily obtainable by consumers in the trade area during\nthe 10 days immediately prior to the commencement of the influenza vaccine\nshortage period; and\n\n3. Whether the increase in the amount charged by the person was attributable\nsolely to additional costs incurred by the person in connection with the sale of\nthe influenza vaccine, including additional costs imposed by the person’s\nsource. Proof that the person incurred such additional costs during the time of\nthe influenza vaccine shortage period shall be prima facie evidence that the\nprice increase was not unconscionable.\n\nHISTORY: 2005, c. 861.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}