Fair Vaccine Price Act of 2004 - Prohibits the sale of any vaccine intended to prevent or mitigate the effects of influenza or any biological terrorist agent at a price per dose of 150 percent or more of the baseline price if: (1) a declared shortage of the vaccine is in effect; or (2) the seller knows or has substantial reason to believe there will be a shortage within 60 days and such a shortage is declared within such time. Allows the Secretary of Health and Human Services to declare a shortage period.
Designates as a vaccine's baseline price the average price of the vaccine sold by the seller either during the preceding 60 days or 12 months before the effective date of the shortage declaration. Allows the Secretary to determine an appropriate baseline price of the vaccine if the seller did not sell the vaccine during either such period or if the difference in price is unrelated to the causes of the shortage. Requires the Secretary to determine an appropriate baseline price at the time of declaring a shortage.
Sets forth penalties for violations under this Act, including imprisonment and a fine.
Allows a person to commence a civil action to compel compliance with, or for damages for violations of, this Act.
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