Sec. 1. 7 MRSA §2954-D is enacted to read:

§2954-D.__Price gouging in sale of milk

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

2.__Investigation.__Whenever the retail price to consumers for Class I milk exceeds twice what is paid to producers of the milk, the commission may investigate to determine whether the price is unconscionably excessive, as described in subsection 2.__If the commission 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.

3.__Unconscionably excessive price.__An unconscionably excessive price is evidenced by:

A.__A disparity between the retail price and the producer's price that grossly exceeds a reasonable rate of return;

B.__Significant increases in retail price that are not the result of an increase paid to producers for raw milk and that are not otherwise justified by changes in cost to the dealer or store;

C.__Decreases in prices paid to producers that do not yield corresponding decreases in retail prices for the same milk;

D.__Elevated prices or changes in price that appear to reflect price-fixing or combination activity by 2 or more stores or dealers; or

E.__Elevated prices that appear to result from regional market share dominance by a store or dealer or by a combination of stores or dealers.

Sec. 2. 7 MRSA §3153-D is enacted to read:

§3153-D.__Dairy stabilization subsidy

For each month after December 2005, the administrator of the Maine Milk Pool shall distribute on a monthly basis to Maine's dairy farmers a direct subsidy calculated as 50% of the difference between $17 per hundredweight and the statistical blend price of milk for Suffolk County, Massachusetts as determined for that month by the Northeast Market Administrator