Sec. 1. 7 MRSA §2953, first ¶, as amended by PL 1989, c. 123, is further amended to read:

The commission shall have has power to establish and change the minimum wholesale and retail prices for the sale of milk within the State, in such a manner as to supplement the supervision and regulations as are now imposed by existing laws or by lawful ordinances or rules and regulations of the several cities and towns of the State. The commission shall protect purchasers of milk against the sale of milk for an unconscionably excessive price pursuant to section 2954-D. The commission shall have has no power to modify, add to or annul any sanitary regulations imposed by any state or municipal authority or to compel pasteurization in any market area. The commission shall ensure that distributors give 30 days' notice before terminating delivery to any customer in their delivery area or in the traditional delivery area of a distributor they have purchased. The 30-day notice does not apply to cancellations resulting from a failure to pay bills.

Sec. 2. 7 MRSA §2953, 2nd ¶, as repealed and replaced by PL 1975, c. 517, §2, is amended to read:

Not less than once every 3 years, the commission shall conduct independent studies of the economics and practices of the milk industry in order to assist the commission in establishing minimum prices and protecting against the selling of milk for unconscionably excessive prices.

Sec. 3. 7 MRSA §2954-D is enacted to read:

§2954-D.__Unconscionably excessive prices for sale of milk

1.__Prohibition against price gouging.__A person may not sell or offer to sell fluid milk for an unconscionably excessive price.

2.__Investigation by commission.__Whenever the retail price to consumers for Class I fluid milk exceeds twice what is paid to producers of the milk, the commission may investigate to determine whether the price is unconscionably excessive.__If it finds probable cause to believe that the price is unconscionably excessive, the commission may after notice and hearing make findings and issue orders to prohibit such practices.__Any person aggrieved by an order of the commission may appeal to the Superior Court.