P.R. Laws tit. 23, § 734
(a) Whenever in the judgment of the Administrator the price or prices of staple commodities (as these may be determined finally by a public order of the Administrator and for the determination of which the Administrator is hereby authorized) have risen or threaten to rise in a manner inconsistent with the purposes of §§ 731—745 of this title, or whenever in the judgment of the Administrator the sales price or prices of staple commodities are out of proportion to the prices prevailing at the supply sources, or to the production cost or costs of raw materials involved, or to the regulating market which normally determines the price of said staple commodities, or whenever in the judgment of the Administrator said sales price or prices determine excessive or above-normal profits, or when the sales price or prices do not drop according to the decrease sustained or that may have been sustained by the staple commodities at the supply sources, or according to the regulating market, the Administrator may, by regulation or order, establish such maximum prices or maximum profits as in his judgment may be generally fair and equitable, and likewise he may make such readjustment, of maximum prices or maximum profits, previously fixed, as will effectuate the purposes of §§ 731—745 of this title. Whenever practicable, the Administrator shall, in fixing maximum prices for staple commodities, take into consideration such factors of importance as prevailing wages and salaries, general purchasing power, the requirements of the people of Puerto Rico, the cost of staple commodities, including taxes thereon, and the cost of distribution and transportation thereof.
The Administrator also may, in harmony with the purposes of §§ 731—745 of this title, and when in his judgment it would be necessary to meet the basic needs of the people of Puerto Rico, or to maintain basic industries in the Island for consumer subsistence, in case of emergency, or to avoid the displacement of workers affected by the elimination of industries, or for the maintenance of prevailing wages and salaries, or for the development of local industries, establish, by regulation or order, such minimum prices or minimum profits as in his judgment may be fair and equitable, and he may, likewise, readjust such minimum prices or minimum profits as may have been previously fixed, all of the foregoing with the same consequences as the maximum prices schedules.
The Administrator shall, in fixing minimum prices or minimum profits for staple commodities, take into consideration such factors of importance as prevailing wages and salaries, general purchasing power, the requirements of the people of Puerto Rico, the cost of staple commodities, including taxes thereon, and the cost of distribution and transportation thereof, the prevailing price in Puerto Rico of the staple commodities on the date of the rule or order, the prevailing price of the staple commodities in the past or in normal times, the price in other production areas, the normal profit margins and the advantages of producing the staple commodities locally.
The Administrator shall not have power or authority to change or alter, by regulation, order, or price schedule, the price of any staple commodity that may have been fixed by law.
All regulations or orders issued in consideration of the foregoing provisions of this subsection shall be accompanied by a statement giving the considerations involved in the issuance thereof. The term “regulation or order”, as here used, means a regulation or order of general application and effect. Before issuing any regulation or order in accordance with the foregoing provisions of this subsection, the Administrator shall, whenever practicable, consult with and seek the advice of representative persons of the industry affected by such regulation or order. Said regulations and orders shall be published by the Administrator in one or (1) more newspapers of general circulation in the Commonwealth.
For the purpose of the provisions of this subsection, as there shall be considered staple commodities the medicines and pharmaceutical specialties as defined in §§ 381—406 of Title 20 and any other support equipment of an orthopedic, ortesic [sic], and prosthetic nature that is necessary for disabled people.
(b) Any regulation or order issued under this section may be established in such form and manner as to contain such classifications and differentiations, and provide for such adjustments or reasonable exceptions, as may be necessary and proper in the judgment of the Administrator to effectuate the purposes of §§ 731—745 of this title. Any regulation or order issued under this section, which establishes maximum prices, may provide for a maximum price below the price or prices prevailing for the staple commodity involved at the time of the issuance of such regulation or order.
(c) Whenever in the judgment of the Administrator such action should be necessary and proper in order to effectuate the purposes of §§ 731—745 of this title, he may regulate by regulation or order, and he may prohibit, such speculative or manipulative practices, including practices relating to changes in the form or quality of a commodity, or to the hoarding of any staple commodity, as in his judgment are equivalent or lead to price increases inconsistent with the purposes of §§ 731—745 of this title; Provided, That in those cases where a merchant or dealer has stocks of staple commodities and refuses to sell them because of his unwillingness to comply with price schedules or any provision of §§ 731—745 of this title or of the directives issued by the Administrator by virtue of the powers herein conferred upon him, such merchant or dealer shall be subject to the penalties prescribed by §§ 731—745 of this title; Provided, further, That the mere refusal to sell staple commodities carried in stock shall constitute prima facie evidence that the merchant or dealer refused to sell because of his unwillingness to comply with price schedules or with any other provisions hereof; Provided, further, That in these cases the Administrator may make use, with regard to such stock, of the power of taking conferred upon him by §§ 731—745 of this title.
(d) Whenever the Administrator should determine that the production and possible stocks of staple commodities do not offer guarantees of stability, sufficiency, or reasonable prices in harmony with the needs and the purchasing power of the people, or whenever in any way there should be doubts in the mind of the Administrator as to these matters, or whenever in the judgment of the Administrator such action may be necessary to effectuate the purpose of cheapening the cost of staple commodities which is pursued by §§ 731—745 of this title, or any other of the purposes hereof, the Administrator shall have power to purchase, store, freeze, transport, and dispose of said staple commodities on behalf of the Government of Puerto Rico, without need of calling for public bids, and at such prices as in his judgment will fulfill the purposes of §§ 731—745 of this title; and he may determine to which persons, and in what quantities and during which period, each commodity declared a staple may be sold, and he may also grant subsidies to domestic producers under the terms and conditions which in his judgment will attain the purposes of §§ 731—745 of this title; Provided, That the Administrator is hereby authorized and empowered to limit or prohibit by rule or directive the export of staple commodities to foreign countries when, in his judgment, the stocks of such commodities are required for local consumption; Provided, That the Administrator shall, in those cases where it may be necessary for the purposes of §§ 731—745 of this title, have power to construct or acquire facilities for offices, shops, and storage in the name of the Commonwealth of Puerto Rico, in any way, or by any proceedings, including expropriation upon payment of compensation; Provided, further, That whenever in his judgment the public need should so demand, he may distribute gratis among the population, or such part of the population as he may deem fair and advisable to do so, the commodities acquired by him in the name of the Government of Puerto Rico, giving preference to commodities produced in the Commonwealth of Puerto Rico; and Provided, further, That for the same considerations hereinabove set forth, the Administrator may take over the stocks of any and all dealers, producers, or growers at the reasonable value thereof, notice of which value shall be given by him to the interested party after making an inventory, whereupon he shall issue the corresponding warrant of payment against the funds appropriated by §§ 731—745 of this title. In case any dealer, producer, or grower whose stocks may have been taken over by the Administrator, is not satisfied with the price determined by the latter, such dealer, producer, or grower may, within ten (10) days following notice of such appraised valuation, file a petition of review in the Court of First Instance where the business is situated; Provided, That said review shall be limited to deciding on the value of the stocks. The Administrator may, in any case, sell such staple commodities acquired by such taking, at a reasonable price, to dealers subject to license as provided in §§ 731—745 of this title, or may dispose of them in the same manner as commodities purchased on behalf of the Government of Puerto Rico pursuant to the provisions of this same paragraph; Provided, That shipping companies shall be obliged hereunder to report to the Administrator the consignments of staple commodities imported by them into the Island, specifying the natural or artificial persons to whom said commodities are consigned.
(e) The orders, rules and regulations prescribed hereunder may contain all such provisions as the Administrator may deem necessary in order to prevent the evasion thereof.
(f) The Administrator may, when in his opinion it is necessary and proper to effectuate the purposes of §§ 731—745 of this title, prohibit by rule or order the transportation, receipt, storage, or sale in Puerto Rico, of articles not staple commodities, or shall determine by rule or order, the quantities of said articles which during any period of time may be transported, received, stored or sold and shall establish a system of permits for the transportation, receipt, storage or sale of said articles.
(g) The courts shall take judicial notice of the regulations, rules, directives, and price schedules heretofore or hereafter approved, issued, or adopted by the Administrator, as well as of the publication thereof required by §§ 731—745 of this title.
History —May 12, 1942, No. 228, p. 1268, § 3; Apr. 29, 1946, No. 493, p. 1474, § 2; Dec. 31, 1946, No. 17, p. 124, §§ 3, 4; May 6, 1950, No. 234, p. 596; May 13, 1965, No. 8, p. 11, § 1; Mar. 29, 1971, No. 10, p. 18; Aug. 29, 2002, No. 216, § 1.