; or (C) a public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). (4) Price gouging The term price gouging means the sale of a good or service at an unconscionably excessive price by a person during an emergency period and in an emergency area. (5) Secretary The term Secretary means the Secretary of Health and Human Services. (6) Unconscionably excessive price (A) In general The term unconscionably excessive price means, with respect to a good or service sold or offered for sale by a person, a price that exceeds, by a margin that is greater than the allowable margin determined by the Administrator or the Secretary (as applicable) for the good or service under section 3, the average price at which the good or service was sold by the person during the 90-day period prior to the date on which an emergency or disaster described in paragraph (2) is declared. (B) Exception Such term shall not include any price for a good or service that is increased beyond the margin described in subparagraph (A) if such increased price is directly attributable to an appreciable increase in the cost of acquiring, producing, selling, transporting, or delivering the good or service, or is otherwise justified by circumstances outside of the control of the seller, as determined by the Administrator or the Secretary (as applicable). 3. Preventing price gouging during federally declared emergencies (a) In general During an emergency period and in an emergency area, it shall be unlawful for any person to engage in price gouging with respect to a necessary good or service covered by a list published by the Administrator under subsection (b)(1) or by the Secretary under subsection (b)(2). (b) Necessary goods and services lists (1) Presidentially declared emergencies In the case of an emergency that is described in subparagraph (A) or (B) of section 2(3): (A) The Administrator, in consultation with the Secretary, may publish on the internet website of the Federal Emergency