                                 CODE OF VIRGINIA

PROHIBITIONS (§ 59.1-535)

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:

1. 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;

2. 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

3. 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&#8217;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.

HISTORY: 2005, c. 861.