Sec. 1. 10 MRSA §1105, as amended by PL 1979, c. 541, Pt. A, §91, is repealed and the following enacted in its place:

§1105.__Profiteering in necessities

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Abnormal market disruption" means a change in the market, actual or imminently threatened, such that the competitive market for any necessity or necessities in any section of the State has ceased to function normally in any respect as a result of the impact of a natural disaster, stress of weather, failure or shortage of electric power or other source of energy, strike, civil disorder, war, terror or a national or local emergency or another precipitating event occurring in any location, local or remote.

B.__"Necessities" includes food for human or animal consumption; pharmaceutical products, including prescription medications; wearing apparel; shoes; building materials; gas and electricity for light, heat and power; ice; fuel of all kinds; and fertilizer and fertilizer ingredients; together with tools, utensils, implements, machinery and equipment required for the actual production or manufacture of the same.__"Necessities" includes any other vital or necessary good or service except those:

(1)__Subject to continuous maximum price regulation under the provisions of any state or federal law;

(2)__As to which the State's authority is preempted; or

(3)__Furnished or provided by:

(a)__Insurers; or

(b)__Nonprofit hospitals, medical service organizations or health maintenance organizations authorized to transact business within the State pursuant to Title 24 and Title 24-A.

2.__Profiteering prohibited.__During an abnormal market disruption, a person may not sell or offer for sale necessities at a price that exceeds by more than 15% the price at which similar goods or services were offered for sale or sold by that