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.

Sec. B-6. 7 MRSA §616-A, sub-§2, as enacted by PL 1989, c. 841, §3, is repealed and the following enacted in its place:

2.__Civil violations.__The following violations are civil violations.

A.__A person may not violate this subchapter or a rule adopted pursuant to this subchapter or Title 22, chapter 258-A or a rule adopted pursuant to Title 22, chapter 258-A.__ Except as provided in paragraph B, the following penalties apply to violations of this paragraph.

(1)__A person who violates this paragraph commits a civil violation for which a fine of not more than