Sec. B-3. 7 MRSA §488-A is enacted to read:

§488-A.__Prohibitions and penalties

1.__Violation.__A person may not adulterate or misbrand, within the meaning of this Title, any commercial feeding stuff, commercial fertilizer, drug, food or vinegar or manufacture, sell, distribute, transport, offer or expose for sale, distribution or transportation any article of commercial feeding stuff, commercial fertilizer, drug, food or vinegar in violation of this Title.

2.__Penalty.__The following penalties apply to violations of this section.

A.__A person who violates subsection 1 commits a civil violation for which a fine of not more than $100 may be adjudged.

B.__A person who violates subsection 1 after having previously violated subsection 1 commits a civil violation for which a fine of not more than $200 may be adjudged.

Sec. B-4. 7 MRSA §489, as amended by PL 1981, c. 470, Pt. A, §10, is further amended to read:

§489. Exceptions

No A person shall may not be prosecuted under chapter 401, and sections 481 to 488 488-A and 640 to 643, when he that person can establish proof of purchase, and a guaranty signed by the person residing in the United States from whom the purchase was made, to the effect that the article in question is not adulterated or misbranded within the meaning of this Title.

Sec. B-5. 7 MRSA §530-A, sub-§3, as enacted by PL 2001, c. 334, §1, is amended to read:

3. Misbranding. If a manufacturer, distributor, processor, wholesaler or retailer falsely labels or advertises any food, food product or food ingredient offered for sale in the State as free of or made without recombinant deoxyribonucleic acid technology, genetic engineering or bioengineering, the food, food product or food ingredient is misbranded in violation of section 488 488-A.