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Title 7 - §1000. Reports (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2: Marketing

§1000. Reports (REPEALED)

Section History:
PL 1981,
Ch. 154,
§2,3 (RP ).
PL 1981,
Ch. 513,
§11 (AMD).
PL 1999,
Ch. 668,
§73 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1001. Compliance (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2: Marketing

§1001. Compliance (REPEALED)

Section History:
PL 1981,
Ch. 154,
§2,3 (RP ).
PL 1981,
Ch. 513,
§11 (AMD).
PL 1999,
Ch. 668,
§73 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1002. Termination or change of marketing orders (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2: Marketing

§1002. Termination or change of marketing orders (REPEALED)

Section History:
PL 1977,
Ch. 694,
§99 (AMD).
PL 1981,
Ch. 154,
§2,3 (RP ).
PL 1981,
Ch. 513,
§11 (AMD).
PL 1999,
Ch. 668,
§73 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1003. Effect of termination or amendment (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2: Marketing

§1003. Effect of termination or amendment (REPEALED)

Section History:
PL 1981,
Ch. 154,
§2,3 (RP ).
PL 1981,
Ch. 513,
§11 (AMD).
PL 1999,
Ch. 668,
§73 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1004. Duration of immunities (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2: Marketing

§1004. Duration of immunities (REPEALED)

Section History:
PL 1981,
Ch. 154,
§2,3 (RP ).
PL 1981,
Ch. 513,
§11 (AMD).
PL 1999,
Ch. 668,
§73 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1005. Personal liability of committee member (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2: Marketing

§1005. Personal liability of committee member (REPEALED)

Section History:
PL 1981,
Ch. 154,
§2,3 (RP ).
PL 1981,
Ch. 513,
§11 (AMD).
PL 1999,
Ch. 668,
§73 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1006-A. Penalties

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2: Marketing

§1006-A. Penalties

A person who violates a provision of sections 991 to 994 or a provision of a marketing order duly issued by the commissioner commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged. Each day during which a violation continues constitutes a separate offense. [2001, c. 421, Pt. B, §8 (new); Pt. C, §1 (aff).]

Section History:
PL 2001,
Ch. 421,
§B8 (NEW).
PL 2001,
Ch. 421,
§C1 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1006. Penalties (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2: Marketing

§1006. Penalties (REPEALED)

Section History:
PL 1977,
Ch. 696,
§83 (AMD).
PL 1981,
Ch. 154,
§2,3 (RP ).
PL 1981,
Ch. 513,
§11 (AMD).
PL 1999,
Ch. 668,
§73 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1007-A. Improperly maintaining potato cull piles; public nuisance

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2: Marketing

§1007-A. Improperly maintaining potato cull piles; public nuisance

1. Declaration of public nuisance. The Legislature declares that the A2 strain of late blight and other potato diseases constitute a clear and present danger to the potato industry in the State, which is a significant part of the State's economy. Control of the A2 strain of potato blight and other potato diseases requires the proper disposal of potato cull piles. The Legislature finds it necessary to exercise the police power of the State to require proper disposal of cull potatoes and potato cull piles and to provide procedures for the disposal of these potatoes by the department when the owner fails to comply with the requirements of this section. In addition to constituting a civil violation as prescribed in this section, potato cull piles that are not managed and disposed of in accordance with these requirements are considered a public nuisance. [1997, c. 538, §1 (rpr).]

2. Disposal requirements. The owner or lessee of any real property on which potatoes are grown, or on which potato cull piles are maintained or disposed of, shall properly dispose of potato culls and cull piles in order to destroy the A2 strain of potato blight and other potato diseases. The commissioner shall adopt rules in accordance with subsection 3 to prescribe the proper disposal of potato culls and potato cull piles. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. Proper disposal must occur on or before June 10th of each year. No cull piles may be maintained between June 10th and October 1st of each year. By emergency or other rule-making procedures, the commissioner may vary these dates when the type of disposal method or other circumstances require that cull piles be destroyed in order to prevent the spread of significant disease. [1997, c. 538, §1 (rpr).]

3. Rules. The commissioner may adopt any rules necessary to implement this section in accordance with the Maine Administrative Procedure Act, except that the commissioner may shorten or suspend the notice and hearing requirements as necessary to respond to any threat of disease. Prior to adopting any rules under this section, the commissioner shall consult with the Maine Potato Board except in an emergency. In addition, the commissioner may determine best management practices for the handling of cull potatoes and cull piles in accordance with Title 17, section 2805. [1997, c. 538, §1 (rpr).]

4. Department action. The commissioner may take action to properly dispose of potato culls and cull piles that violate the requirements of this section or any rules of the commissioner adopted to implement this section. The commissioner or the commissioner's designee is authorized to enter any property to inspect potato cull piles and to take any action required to secure their proper disposal. Designated representatives of the commissioner may, without search warrant, enter at reasonable times any real property, other than a building, where potatoes are grown, stored, packed, loaded for shipment or handled, and may enter any building, either with the consent of the owner, lessee, occupant or agent or pursuant to an administrative search warrant. Notwithstanding the Maine Rules of Civil Procedure, Rule 80E, paragraph (b), the commissioner or the commissioner's designee may obtain an administrative search warrant pursuant to this section by describing the premises to be entered and the purpose of the inspection or other authorized action and by demonstrating that the entry is necessary in order to inspect potato cull piles or otherwise carry out the requirements of this section. This demonstration is deemed to be a demonstration of probable cause. The costs incurred by the department in removing and properly disposing of cull potatoes and cull piles must be reimbursed by the owner or lessee of the property on which the potatoes were found or any other person responsible for the potatoes, each of whom is jointly and severally liable for those costs to the department. The department, its employees and agents and any person acting on behalf of the department are not liable for any action taken pursuant to this section. [1997, c. 538, §1 (rpr).]

5. Potato Cull Removal Fund. The Potato Cull Removal Fund is established to be used by the department to administer and enforce the provisions of this section and to pay any expenses of potato cull removal and disposal. The commissioner may receive funds from any source to be deposited into this fund, which does not lapse. If at any time the balance of the fund falls below $15,000, any penalties collected under this section must be deposited into the fund. Otherwise, penalties collected must be deposited into the General Fund. [1997, c. 538, §1 (rpr).]

6. Civil penalties. Any person who violates any of the requirements of this section or any rules adopted under this section commits a civil violation for which a forfeiture of not more than $1,000 for each violation, together with not more than $200 for each succeeding day of a continuing violation, may be adjudged. [1997, c. 538, §1 (new).]

Section History:
PL 1995,
Ch. 261,
§2 (NEW).
PL 1997,
Ch. 538,
§1 (RPR).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1007. Dumping of waste potatoes (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2: Marketing

§1007. Dumping of waste potatoes (REPEALED)

Section History:
PL 1995,
Ch. 261,
§1 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1008-A. Definitions (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2-A: MAINE POTATO PRICES (HEADING: PL 1983, c. 582, @1 (new))

§1008-A. Definitions (REPEALED)

Section History:
PL 1983,
Ch. 582,
§1 (NEW).
PL 1983,
Ch. 582,
§4 (RP ).
PL 1983,
Ch. 829,
§3,4 (AMD).
PL 1985,
Ch. 450,
§ (AMD).
PL 1987,
Ch. 434,
§1 (AMD).
PL 1999,
Ch. 668,
§75 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1008-B. Maine Marketing Advisory Board (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2-A: MAINE POTATO PRICES (HEADING: PL 1983, c. 582, @1 (new))

§1008-B. Maine Marketing Advisory Board (REPEALED)

Section History:
PL 1983,
Ch. 582,
§1 (NEW).
PL 1983,
Ch. 582,
§4 (RP ).
PL 1983,
Ch. 829,
§5-7 (AMD).
PL 1985,
Ch. 295,
§24,25 (AMD).
PL 1985,
Ch. 450,
§ (AMD).
PL 1987,
Ch. 434,
§2,3 (AMD).
RR 1997,
Ch. 2,
§27 (COR).
PL 1999,
Ch. 668,
§76 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1008-C. Duties of the commissioner (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2-A: MAINE POTATO PRICES (HEADING: PL 1983, c. 582, @1 (new))

§1008-C. Duties of the commissioner (REPEALED)

Section History:
PL 1983,
Ch. 582,
§1 (NEW).
PL 1983,
Ch. 582,
§4 (RP ).
PL 1983,
Ch. 829,
§8-11 (AMD).
PL 1983,
Ch. 862,
§27,28 (AMD).
PL 1985,
Ch. 450,
§ (AMD).
PL 1999,
Ch. 668,
§77 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1008-D. Enforcement of mandatory minimum price (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2-A: MAINE POTATO PRICES (HEADING: PL 1983, c. 582, @1 (new))

§1008-D. Enforcement of mandatory minimum price (REPEALED)

Section History:
PL 1983,
Ch. 582,
§1 (NEW).
PL 1983,
Ch. 582,
§4 (RP ).
PL 1983,
Ch. 829,
§12 (RP ).
PL 1985,
Ch. 450,
§ (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1008-E. Contracts exempted (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2-A: MAINE POTATO PRICES (HEADING: PL 1983, c. 582, @1 (new))

§1008-E. Contracts exempted (REPEALED)

Section History:
PL 1983,
Ch. 582,
§1 (NEW).
PL 1983,
Ch. 582,
§4 (RP ).
PL 1983,
Ch. 829,
§12 (RP ).
PL 1985,
Ch. 450,
§ (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1008-F. Budget (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2-A: MAINE POTATO PRICES (HEADING: PL 1983, c. 582, @1 (new))

§1008-F. Budget (REPEALED)

Section History:
PL 1983,
Ch. 582,
§1 (NEW).
PL 1983,
Ch. 582,
§4 (RP ).
PL 1983,
Ch. 829,
§13 (AMD).
PL 1985,
Ch. 450,
§ (AMD).
PL 1999,
Ch. 668,
§77 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1008-G. Personal liability of board member (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2-A: MAINE POTATO PRICES (HEADING: PL 1983, c. 582, @1 (new))

§1008-G. Personal liability of board member (REPEALED)

Section History:
PL 1983,
Ch. 582,
§1 (NEW).
PL 1983,
Ch. 582,
§4 (RP ).
PL 1985,
Ch. 450,
§ (AMD).
PL 1987,
Ch. 434,
§4 (AMD).
PL 1999,
Ch. 668,
§78 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1008-H. Penalties (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2-A: MAINE POTATO PRICES (HEADING: PL 1983, c. 582, @1 (new))

§1008-H. Penalties (REPEALED)

Section History:
PL 1983,
Ch. 582,
§1 (NEW).
PL 1983,
Ch. 582,
§4 (RP ).
PL 1983,
Ch. 829,
§14 (RP ).
PL 1985,
Ch. 450,
§ (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1008-I. Barrel replaced by hundredweight as a measure (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2-A: MAINE POTATO PRICES (HEADING: PL 1983, c. 582, @1 (new))

§1008-I. Barrel replaced by hundredweight as a measure (REPEALED)

Section History:
PL 1989,
Ch. 181,
§ (NEW).
PL 1999,
Ch. 668,
§79 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1008. Purpose (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 2-A: MAINE POTATO PRICES (HEADING: PL 1983, c. 582, @1 (new))

§1008. Purpose (REPEALED)

Section History:
PL 1983,
Ch. 582,
§1 (NEW).
PL 1983,
Ch. 582,
§4 (RP ).
PL 1983,
Ch. 829,
§2 (AMD).
PL 1985,
Ch. 450,
§ (AMD).
PL 1999,
Ch. 668,
§74 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1011. Purpose

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3: LICENSING (HEADING: PL 1971, c. 366 (new))

§1011. Purpose

The Legislature finds that the potato industry has a substantial and unique effect on the economy of the entire State and Aroostook County in particular. Large numbers of the people in the State are directly or indirectly dependent on the industry. Over the years the industry has experienced wide fluctuations in prices and quality of product. Such fluctuations have caused commensurate instability in the economy of a large portion of the State. To a great extent the well-being of the industry is dependent upon those persons engaged in the marketing of the potatoes and rotation crops grown by others and the manner in which their services are performed. The entire manner of marketing potatoes and rotation crops is unique and requires special consideration. [1997, c. 606, §1 (amd).] div>
The Legislature intends through this legislation to exercise the police power of the State in order to protect and promote the general welfare of the potato industry and the people of the State and maintain and encourage fair and equitable practices in the handling, sale and storage of potatoes and rotation crops. Such stabilization of the potato industry will have the beneficial effect of improving the economy of the entire State. [1997, c. 606, §1 (amd).]

Section History:
PL 1971,
Ch. 366,
§ (NEW).
PL 1997,
Ch. 606,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1013. Rules and regulations

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3: LICENSING (HEADING: PL 1971, c. 366 (new))

§1013. Rules and regulations

The commissioner shall, in a manner consistent with the Maine Administrative Procedure Act, make uniform rules and regulations for carrying out this Article. [1977, c. 694, § 100. (amd)]

Section History:
PL 1971,
Ch. 366,
§ (NEW).
PL 1977,
Ch. 694,
§100 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1014. Licensing; agents

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3: LICENSING (HEADING: PL 1971, c. 366 (new))

§1014. Licensing; agents

No person shall act as a dealer, processor, broker, agent or retailer unless duly licensed as provided in this Article. Every person, before acting as a dealer, processor, broker, agent or retailer, shall file an application with the commissioner for a license to transact the business of a dealer, processor, broker, agent or retailer and such application shall be accompanied by the license fee provided in this Article. [1975, c. 555, §2 (amd).] div>
A person may not buy, solicit or negotiate the sale of any potatoes or rotation crops in this State as a representative of any dealer, processor, broker or retailer, unless such a representative has been so authorized by a duly licensed dealer, processor, broker or retailer in writing, and a copy of such authorization is filed with the commissioner, except where such representative conducts business in the office of the dealer, processor, broker or retailer. The commissioner must be notified in writing by the dealer, processor, broker or retailer immediately upon the termination of such authorization. [1997, c. 606, §8 (amd).]

Section History:
PL 1971,
Ch. 366,
§ (NEW).
PL 1971,
Ch. 600,
§5 (AMD).
PL 1975,
Ch. 555,
§2 (AMD).
PL 1997,
Ch. 606,
§8 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1015. Application and renewal for license

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3: LICENSING (HEADING: PL 1971, c. 366 (new))

§1015. Application and renewal for license

The applicant shall file an application for a license or renewal of a license on forms as prescribed and furnished by the commissioner, which must contain the full name of the person applying for the license and, if the applicant is a corporation, partnership, association, exchange or legal representative, officer, director, partner or member of a corporation, partnership, association or exchange, all such names and positions. If the applicant is a foreign corporation, it shall certify that it is authorized to transact business in the State under former Title 13-A, chapter 12 or Title 13-C, chapter 15, and further state the principal business address of the applicant in the State or elsewhere, the address of all places of business in the State, and the name or names of the person or persons authorized to receive and accept service of lawful process upon the applicant within the State. All questions required to be answered in the application for licenses must be sworn to, and intentionally untruthful answers constitute the crime of perjury. [2005, c. 333, §1 (amd).] div>
Upon receipt of an initial application, the commissioner immediately shall cause notice of the application to be provided in a manner consistent with the provisions of the Maine Administrative Procedure Act as to adjudicatory proceedings and shall, in any case, cause a copy of the notice to be served upon the Maine Potato Board. Any interested person has 30 days in which to file comments as to the applicant's qualifications, to request a hearing or to file a verified complaint with the commissioner as provided by this Article. [2005, c. 333, §1 (amd).] div>
This applicant shall satisfy the commissioner of that applicant's character, financial responsibility and good faith in seeking to engage in the business. The commissioner shall, after notice and opportunity for a hearing has been provided in a manner consistent with the Maine Administrative Procedure Act as to adjudicatory proceedings, issue a license to an applicant if the commissioner is satisfied as to the applicant's qualifications, such license entitling the applicant to act in the capacity described in the license for a period of one year from the date of issuance. A license may not be granted to any applicant if such person or officer, director, partner, or member thereof, has been convicted in any state or federal court of any felony within 5 years of the date of the application. [2005, c. 333, §1 (amd).] div>
In order to insure the licensee's financial responsibility and to protect potato and rotation crop producers, the commissioner shall require the licensee to file a bond as a prerequisite to the issuance of a license. The bond must be in a form and amount satisfactory to the commissioner, but not less than $50,000 nor more than $300,000 in the case of dealers and brokers engaged in buying or selling either potatoes or rotation crops, but not both, not less than $50,000 nor more than $400,000 in the case of dealers and brokers engaged in buying and selling both potatoes and rotation crops, or not less than $100,000 nor more than $500,000 in the case of processors, payable to the commissioner in the commissioner's official capacity and conditioned on the full and prompt payment for all potatoes or rotation crops received or purchased from producers or other licensees during the effective period of the license. In the case of processors, the amount of bond required must be based on the licensee's anticipated monthly volume of purchases, but may be adjusted to reflect other federal escrow accounts or bond requirements met by the licensee that satisfy the purposes of this section. [2005, c. 333, §1 (amd).] div>
Each license must plainly state the name and business address or addresses of the licensee and must be posted in a conspicuous place in each office where the business is transacted. The fee for each license is $100 annually. Such license may be renewed for successive periods of one year each upon payment of the renewal fee and the submission of an application demonstrating that the applicant continues to meet the requirements for licensing, including filing proof of financial responsibility. A license or license renewal issued expires on the 30th day of June following the date of issuance. The department is not required to provide notice and opportunity for a hearing as provided in the Maine Administrative Procedure Act when granting a license renewal. If the licensee desires to carry on business in more than one place within the State, the licensee shall procure additional copies of the license, certified by the commissioner, for each place where the business is to be conducted. The fee for each such additional certification is $100. In the event a person required to be licensed under this section fails to renew that person's license or submit the annual proof of financial responsibility, the department shall promptly provide notice to members of the potato producing industry through the Maine Potato Board and an agricultural bargaining council. [2005, c. 333, §1 (amd).] div>
All fees collected under this Article must be paid to the Treasurer of State and credited to the Department of Agriculture, Food and Rural Resources for the administration of this Article and other expenses incident to the administration of the department, and must be expended by the commissioner for the purposes for which the department is created. If any of such fees are not expended during the year in which they are collected, the unexpended balance does not lapse, but must be carried as a continuing account and available for the purposes specified until expended. [2005, c. 333, §1 (amd).]

Section History:
PL 1971,
Ch. 366,
§ (NEW).
PL 1971,
Ch. 600,
§6 (AMD).
PL 1971,
Ch. 622,
§21 (AMD).
PL 1975,
Ch. 713,
§1 (AMD).
PL 1977,
Ch. 694,
§101,102 (AMD).
PL 1979,
Ch. 127,
§45 (AMD).
PL 1979,
Ch. 672,
§A24 (AMD).
PL 1983,
Ch. 465,
§1 (AMD).
PL 1991,
Ch. 837,
§A19 (AMD).
PL 1997,
Ch. 388,
§4 (AMD).
PL 1997,
Ch. 606,
§9 (AMD).
PL 2003,
Ch. 344,
§D1 (AMD).
PL 2005,
Ch. 333,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1016. Verified complaints; investigation

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3: LICENSING (HEADING: PL 1971, c. 366 (new))

§1016. Verified complaints; investigation

The commissioner or his duly authorized agent shall have full authority to investigate upon the verified complaint of any interested person, or on his own motion, the conduct and activities of any person applying for or holding a license as dealer, processor, broker, agent or retailer and for such purpose may examine the books and papers of any such person and may take testimony and affidavits thereon under oath. Any interested person who has filed a verified complaint may be a party of record to all proceedings had with regard thereto. [1975, c. 555, § 3 (amd).]

Section History:
PL 1971,
Ch. 366,
§ (NEW).
PL 1975,
Ch. 555,
§3 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1017. Violations

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3: LICENSING (HEADING: PL 1971, c. 366 (new))

§1017. Violations

1. Acts enumerated. The commissioner or the commissioner's duly authorized agent may refuse to grant or renew a license, after notice and opportunity for a hearing is provided in a manner consistent with the Maine Administrative Procedure Act as to adjudicatory proceedings, upon a finding that any of the following acts have existed within 2 years of the date of the filing of an application for license:

A. That fraudulent charges or returns have been made by the applicant or licensee for the handling, sale or storage of potatoes or rotation crops, or for the rendering of any service in connection with the handling, sale or storage of potatoes or rotation crops; [1997, c. 606, §10 (amd).]

B. That the applicant or licensee has failed or refused to render a true account of sales, or to make a settlement thereon, within the time and in the manner required by this Article, or has failed or refused to pay for potatoes or rotation crops purchased by the applicant or licensee within 30 calendar days after acceptance of the potatoes or rotation crops; [1997, c. 606, §10 (amd).]

C. That the applicant or licensee has knowingly made any false material statement as to the condition, quality or quantity of potatoes or rotation crops received, handled, sold, purchased or stored by the applicant or licensee; [1997, c. 606, §10 (amd).]

D. That the applicant or licensee directly or indirectly has purchased for that applicant's or licensee's own account, potatoes or rotation crops received by the applicant or licensee upon consignment without prior authorization from consignor together with price fixed by consignor or without promptly notifying the consignor of such purchase. This does not prevent any dealer, processor, broker, agent or retailer, in order to close the day's business, from taking into account in the record of sales miscellaneous lots or parcels of potatoes or rotation crops remaining unsold, if such dealer, processor, broker, agent or retailer on the business day next following properly enters any such transaction in that applicant's or licensee's accounts; [1997, c. 606, §10 (amd).]

E. That the applicant or licensee has made any substantial misrepresentation as to the conditions of the market for potatoes or rotation crops; [1997, c. 606, §10 (amd).]

F. That the applicant or licensee has made fictitious sales or has defrauded or attempted to defraud a producer; [1997, c. 606, §10 (amd).]

G. That a dealer, processor, broker, agent or retailer to whom any consignment is made has reconsigned such consignment to another dealer, processor, broker, agent or retailer and has received, collected or charged by such means more than one commission for making the sale therefor for the consignor without written consent of such consignor; [1975, c. 555, §5 (amd).]

H. That the licensee knowingly made any false material statements in the procurement of such license; [1971, c. 366 (new).]

I. That the applicant or licensee has not accounted promptly and properly to the producer with regard to any claim settled or collected by the applicant or licensee for such producer; [1997, c. 606, §10 (amd).]

J. That the applicant or licensee has failed or refused, upon demand, to permit the commissioner or the commissioner's agents to make the investigations, examinations or audits as provided in this Article or that the applicant or licensee has removed or sequestered any books, records or papers necessary to any such investigations, examinations or audits, or has otherwise obstructed the same; [1997, c. 606, §10 (amd).]

K. That the licensee has failed or refused to keep and maintain the records as required by this Article; [1971, c. 366 (new).]

L. That the applicant or licensee has committed any act or conduct with regard to the handling, sale or storage of potatoes or rotation crops whether of the same or different character than specified in this subsection, which constitutes or demonstrates bad faith, incompetency or untrustworthiness, or dishonest, fraudulent or improper dealings; [2005, c. 333, §2 (amd).]

M. That the applicant or licensee has failed to deliver to the seller the confirmation required by section 1022 within the time specified; or [2005, c. 333, §2 (amd).]

N. That the applicant or licensee has failed to maintain a bond to ensure financial responsibility to producers or other licensees as required under section 1015. [2005, c. 333, §2 (new).]

The District Court may, in a manner consistent with the Maine Administrative Procedure Act, suspend or revoke a license upon finding any of the enumerated violations within 2 years of the date of the filing of a complaint. [2005, c. 333, §2 (amd).]

1-A. Mandatory nonrenewal. [1983, c. 829, §15 (rp).]

2. Conditional. Any order revoking or suspending a license may, within the discretion of the District Court be made conditional upon the settlement, adjustment or satisfaction of the consequence of the violation or violations as specified, and the operation of such an order may be deferred for such purpose. Any such order may contain provisions for modification or dismissal thereof upon presentation to the District Court of evidence that the matter of complaint has been settled, adjusted or withdrawn at any time before such order becomes final. [1977, c. 694, §105 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

3. Effective date. The commission of the acts enumerated in this section after September 23, 1971 constitutes a violation of this Article. [1975, c. 555, §§4, 5 (amd).]

4. Notification of insufficient or no payment. Producers may notify the Department of Agriculture, Food and Rural Resources of insufficient or no payment for potatoes or rotation crops after acceptance by any processor in the State in violation of subsection 1, paragraph B.

A. The Commissioner of Agriculture, Food and Rural Resources or the commissioner's agent, upon notification by producers of insufficient or no payment, shall immediately investigate the complaint and shall, in a manner consistent with the provisions of the Maine Administrative Procedure Act as to adjudicatory proceedings, hold a hearing, unless such hearing is waived by the processor against whom the charge has been made. The processor accused of nonpayment shall provide the commissioner with a copy of the contract, if any, and all other materials and information to enable the commissioner to carry out the provisions of this section. Upon finding after investigation that the processor has violated the contract, express or implied, the commissioner may recover the proceeds of the bond required by section 1015 and apply those proceeds against the amounts owed producers. In the event the bond proceeds are inadequate to cover the debts owed producers, the commissioner shall require the processor to post an additional bond sufficient to cover the remaining debt owed to the producer or producers.

(1) The commissioner may require the licensee, who has been accused or found guilty after a hearing of insufficient payment or nonpayment of debts owed a producer, to formulate a schedule of payments to the producer that is satisfactory to the commissioner. The schedule of payments may not exceed a 30-day period.

(2) The licensee accused of or found by a hearing to be in default of payment to a producer shall submit a payment schedule to the commissioner within one week from the commissioner's request for a payment schedule. In the event that the schedule of payment is not satisfactory to the commissioner, the commissioner shall establish the schedule of payment not to exceed a 30-day period.

(3) The commissioner shall file a complaint with the District Court seeking to suspend the license of any licensee who fails to conform to the payment schedule established in this section until the producer is paid the total claim to which the producer is entitled.

(4) Upon the filing of a complaint by the commissioner in the District Court, the licensee shall post a bond sufficient to cover the total claim owed the producer on the date on which the complaint is filed. The bond required for an appeal procedure may be waived by the District Court in the event that the bond required in paragraph A is valid and sufficient to cover the total claim owed the producer.

(5) Nothing in this section may be construed to prohibit a producer from seeking redress for insufficient payment or nonpayment from licensees in any court or in accordance with any federal procedure established to obtain redress.
[2005, c. 333, §3 (amd).]

[2005, c. 333, §3 (amd).]

Section History:
PL 1971,
Ch. 366,
§ (NEW).
PL 1971,
Ch. 622,
§22 (AMD).
PL 1975,
Ch. 555,
§4,5 (AMD).
PL 1975,
Ch. 713,
§2 (AMD).
PL 1977,
Ch. 694,
§103-108 (AMD).
PL 1983,
Ch. 336,
§1,2 (AMD).
PL 1983,
Ch. 582,
§2,4 (AMD).
PL 1983,
Ch. 829,
§15 (AMD).
PL 1991,
Ch. 837,
§A20 (AMD).
PL 1997,
Ch. 606,
§10,11 (AMD).
PL 1999,
Ch. 547,
§B78 (AMD).
PL 1999,
Ch. 547,
§B80 (AFF).
PL 2005,
Ch. 333,
§2,3 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1018. Hearings

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3: LICENSING (HEADING: PL 1971, c. 366 (new))

§1018. Hearings

The commissioner shall conduct hearings pursuant to this Article in a manner consistent with the Maine Administrative Procedure Act and has full power to subpoena such witnesses and documents as he deems necessary. The Superior Court, on the petition of the commissioner, may issue summary process to enforce the lawful orders of the commissioner in these actions. [1977, c. 694, § 109 (rpr).]

Section History:
PL 1971,
Ch. 366,
§ (NEW).
PL 1977,
Ch. 694,
§109 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1019. Notice of hearing (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3: LICENSING (HEADING: PL 1971, c. 366 (new))

§1019. Notice of hearing (REPEALED)

Section History:
PL 1971,
Ch. 366,
§ (NEW).
PL 1977,
Ch. 694,
§110 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1020. Decisions (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3: LICENSING (HEADING: PL 1971, c. 366 (new))

§1020. Decisions (REPEALED)

Section History:
PL 1971,
Ch. 366,
§ (NEW).
PL 1977,
Ch. 694,
§111 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1021. Appeals (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3: LICENSING (HEADING: PL 1971, c. 366 (new))

§1021. Appeals (REPEALED)

Section History:
PL 1971,
Ch. 366,
§ (NEW).
PL 1977,
Ch. 694,
§112 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1022. Records of transactions

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3: LICENSING (HEADING: PL 1971, c. 366 (new))

§1022. Records of transactions

1. Broker and dealer records. Every dealer and broker required to be licensed under this Article, upon having negotiated a sale of potatoes or rotation crops for others or upon having purchased potatoes or rotation crops from the producer, shall cause a record of that transaction to be made, and deliver a copy to the seller by depositing a record of transaction in the United States mail, postage paid, within 2 working days of negotiation of the sale, setting forth the following with reference to the handling, sale and storage of those potatoes or rotation crops:

A. Date of sale; [1985, c. 506, Pt. A, §7 (rpr).]

B. Name and address of producer; [1985, c. 506, Pt. A, §7 (rpr).]

C. Name and address of seller; [1985, c. 506, Pt. A, §7 (rpr).]

D. Name and address of buyer; [1985, c. 506, Pt. A, §7 (rpr).]

E. Name and address of broker, if any; [1985, c. 506, Pt. A, §7 (rpr).]

F. Name and address of handler, if any; [1985, c. 506, Pt. A, §7 (rpr).]

G. Name and address of any person designated as a secured party on a financing statement naming the seller as debtor filed in accordance with Title 11, section 9-1501, covering the potatoes or rotation crops, if any; [1999, c. 699, Pt. D, §1 (amd); §30 (aff).]

H. Mode of transportation of shipment, if known; if unknown, this information must be provided to the seller prior to shipment; [1997, c. 606, §12 (amd).]

I. Name of carrier, if known; if unknown, this information must be provided to the seller prior to shipment; [1997, c. 606, §12 (amd).]

J. If there is a broker or a retailer involved in a transaction, point of final destination; [1985, c. 506, Pt. A, §7 (rpr).]

K. Date of shipment; [1985, c. 506, Pt. A, §7 (rpr).]

L. If there is a broker or a retailer involved in the transaction, contemplated date of arrival at final destination; [1985, c. 506, Pt. A, §7 (rpr).]

M. Grade, size, weight and amount and other specifications; [1985, c. 506, Pt. A, §7 (rpr).]

N. Price for the potatoes or rotation crops, per unit and total; [1997, c. 606, §12 (amd).]

O. Any deductions to be made from the proceeds for expenses to be borne by the seller or handler; [1985, c. 506, Pt. A, §7 (rpr).]

P. All other essential details of the purchase or sale; and [1985, c. 506, Pt. A, §7 (rpr).]

Q. If there is a broker involved in the transaction, an itemized accounting that separately sets forth all charges in connection with the sale, including the brokerage fee, if any. [1997, c. 606, §12 (amd).]

[1999, c. 699, Pt. D, §1 (amd); §30 (aff).]

1-A. Processor records. Every processor licensed under this Article, upon having purchased potatoes or rotation crops from the producer, shall cause a record of the transaction to be made, and deliver promptly to the seller a copy of that record setting forth the following with reference to the handling, sale and storage of those potatoes or rotation crops:

A. Date of sale; [1983, c. 465, §3 (new).]

B. Name and address of producer; [1983, c. 465, §3 (new).]

C. Name and address of buyer; and [1983, c. 465, §3 (new).]

D. Grade, size, weight and amount and other specifications. [1983, c. 465, §3 (new).]

In addition, the processor shall, for each transaction, specify the price for the potatoes or rotation crops, per unit and total, and deliver that information to the producer within 10 business days of delivery and acceptance of the potatoes or rotation crops. [1997, c. 606, §13 (amd).]

2. Guarantees. In any sale in which the buyer of such potatoes is a person required to be licensed by this article and has a place of business in this State except a retailer, any guarantees with regard to grade, size, weight or other specifications, made by the producer shall be deemed satisfied when the grade, size, weight or specifications, as certified by a licensed federal-state potato inspector, or seed potato inspector, after the potatoes have been or while they are being loaded for transit, equals or exceeds the grade, size, weight or other specifications of the potatoes stated in the record of transaction. Any producer making any such guarantees shall at all times prior to shipment have the option to determine whether or not the potatoes shall be inspected in accordance with this subsection. Any attempt by a dealer to coerce or influence a producer to forego an inspection shall be a civil violation subject to section 1028. Any agreement the effect of which is to deny the producer the right to satisfy the producer's guarantee obligations and any agreement conflicting with this subsection are void; provided that a producer waives any rights under this subsection or may sell potatoes under an agreement conflicting with this subsection when the record of transaction required by this article contains the following additional information:

A. Name and address of the person to whom the dealer resold the potatoes and any other person to whom the producer is obligated, directly or indirectly, by making any guarantees with regard to grade, size, weight or other specifications; [1971, c. 600, §7 (new).]

B. Point of final destination for the shipment of potatoes; and [1989, c. 319 (amd).]

C. Price for the potatoes, per unit at final destination. [1989, c. 319 (new).]

A buyer or dealer who attempts to enforce or hold a producer liable under a guarantee obligation, when the potatoes have been inspected in accordance with this subsection, without supplying the information in paragraphs A, B and C commits a civil violation and shall be subject to section 1028. [1989, c. 319 (amd).]

3. Waiver. In any sale by a producer in which the making of a record of such transaction is required by this Article and the name and address of the buyer are not set forth on such record, or if no such record of transaction is made or if a copy of the record of transaction is not delivered by depositing the copy in the United States mail, postage prepaid, addressed to the producer, prior to delivery of the potatoes or rotation crops at the point of final destination, the producer is deemed not to have made any guarantees with regard to grade, size, weight or other specifications, and such omission by the buyer or broker or agent constitutes a waiver of any and all claims against the producer for breach of warranty, expressed or implied. [1997, c. 606, §14 (amd).]

4. Copies of documentation. Before any change may be made in the agreed upon price, there shall be mutual agreement between the parties. The agreement must be verified in writing and, along with available documentation as to quality defects mailed to the seller within 2 working days of the availability of the documentation. [1983, c. 336, §4 (new).]

Section History:
PL 1971,
Ch. 366,
§ (NEW).
PL 1971,
Ch. 600,
§7,8 (AMD).
PL 1979,
Ch. 541,
§A64 (AMD).
PL 1983,
Ch. 336,
§3,4 (AMD).
PL 1983,
Ch. 465,
§2,3 (AMD).
PL 1985,
Ch. 506,
§A7 (AMD).
PL 1989,
Ch. 319,
§ (AMD).
PL 1997,
Ch. 606,
§12-14 (AMD).
PL 1999,
Ch. 699,
§D1 (AMD).
PL 1999,
Ch. 699,
§D30 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1023. Brokers and agents

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3: LICENSING (HEADING: PL 1971, c. 366 (new))

§1023. Brokers and agents

1. Brokerage fee. The brokerage fee, if any, shall be an agreed upon percentage of the gross proceeds from the sale, exclusive of the costs of transportation, and shall be charged the seller only upon receipt of payment in full of said gross proceeds from the buyer. [1971, c. 366 (new).]

2. Duties of brokers. In addition to all the duties of the broker otherwise imposed by law or by agreement, the broker has the following duties.

A. The broker shall invoice the buyer, shall collect and remit to the seller and any secured party noted on the record of the transaction any and all sums due on account of the sale, and shall render an itemized accounting to the seller promptly upon receipt of payment, showing the true gross selling price, all brokerage fees deducted, and any other charges or expenses incurred in connection with the sale of the potatoes or rotation crops. Agreement to collect from the buyer and remit to the seller is not a guarantee by the broker that the buyer will pay for the potatoes or rotation crops purchased, unless there is a specific agreement by the broker that the broker will pay if the buyer does not pay. [1997, c. 606, §15 (amd).]

B. The broker shall, to the best of the broker's ability, make all necessary arrangements to effect the transportation of said shipment to the buyer, but the broker, in the absence of a specific agreement, does not guarantee the carrier payment of carrier charges. [1997, c. 606, §15 (amd).]

C. The broker shall prepare, file and fully process with the carrier any and all claims for the seller of the potatoes or rotation crops, including taking all necessary action to bring the matter to a conclusion. [1997, c. 606, §15 (amd).]

[1997, c. 606, §15 (amd).]

3. Agents contracts. A person required to be licensed by this Article may not act as an agent for any grower without first having an agreement with the grower reduced to a written contract clearly defining the duties and responsibilities of both parties, the extent of the agent's authority in distributing the potatoes or rotation crops, and the agent's fee or selling charge, if any. [1997, c. 606, §16 (amd).]

4. Agent's fees. The agent's fee or selling charge shall be charged the seller only upon receipt from the buyer of payment in full of the gross proceeds from the sale. [1971, c. 600, §9 (new).]

5. Duties of agents. In addition to all the duties of the agent of any grower otherwise imposed by law, rule or regulation, or by agreement, the agent has the same duties as are imposed upon the broker by subsection 2, paragraphs A, B and C. [1997, c. 606, §16 (amd).]

Section History:
PL 1971,
Ch. 366,
§ (NEW).
PL 1971,
Ch. 600,
§9 (AMD).
PL 1997,
Ch. 606,
§15,16 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1024. Exemptions

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3: LICENSING (HEADING: PL 1971, c. 366 (new))

§1024. Exemptions

1. Producers. Producers are exempt from this Article when selling potatoes or rotation crops that they have grown, that they are presently growing or that they intend to grow, except when acting as an agent. [1997, c. 606, §17 (amd).]

2. Processors. [1975, c. 555, §6 (rp).]

3. Retailers. Retailers are exempt from this Article. [1971, c. 600, §10 (new).]

Section History:
PL 1971,
Ch. 366,
§ (NEW).
PL 1971,
Ch. 600,
§10 (AMD).
PL 1975,
Ch. 555,
§6 (AMD).
PL 1997,
Ch. 606,
§17 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1025. Forfeiture of bond; recovery on bond

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3: LICENSING (HEADING: PL 1971, c. 366 (new))

§1025. Forfeiture of bond; recovery on bond

If any licensee fails to make such payment as provided in section 1017, subsection 1, paragraph B, such licensee, by reason of such nonpayment is in default as to all producers or licensees whose accounts remain unpaid, and the bond provided for is forfeited to the extent of all sums then due from such licensee to those producers or licensees, and by nature of such default, the conditions of such bond are deemed to be broken, and any such producer or licensee may bring an action on the defaulted bond in the name of the commissioner for the benefit of the producer or licensee. A producer or a licensee bringing an action against the bond must provide the department with notice of intent to file a claim within 30 days of the payment due date. A formal verified complaint and supporting documentation must be filed with the department within 90 days of the payment due date. [2005, c. 333, §4 (amd).] div>
The right of a producer or a licensee to bring an action against the bond is subject to the department's right to apply the proceeds of the bond against the producer's or licensee's debts in accordance with section 1017. [2005, c. 333, §4 (new).]

Section History:
PL 1971,
Ch. 366,
§ (NEW).
PL 1977,
Ch. 696,
§358 (AMD).
PL 2005,
Ch. 333,
§4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1026. Enforcement

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3: LICENSING (HEADING: PL 1971, c. 366 (new))

§1026. Enforcement

The commissioner may recover the penalties imposed for violations of this Article and any rules and regulations promulgated thereunder in a civil action brought in the commissioner's own name, the venue to be as in other civil actions and, if the commissioner prevails in that action, the commissioner may recover full costs, including, but not limited to, attorney's fees. The commissioner is entitled to the assistance of the Attorney General and of the several district attorneys. [2005, c. 333, §5 (amd).]

Section History:
PL 1971,
Ch. 366,
§ (NEW).
PL 1977,
Ch. 696,
§84 (RPR).
PL 2005,
Ch. 333,
§5 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1027. Jurisdiction and disposal of forfeitures

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3: LICENSING (HEADING: PL 1971, c. 366 (new))

§1027. Jurisdiction and disposal of forfeitures

The District Court and the Superior Court shall have concurrent jurisdiction of actions brought for violation of this Article or the rules and regulations promulgated thereunder. All penalties received under this Article by county treasurers shall be paid by them to the Treasurer of State for deposit in the General Fund. [1977, c. 696, § 85 (rpr).]

Section History:
PL 1971,
Ch. 366,
§ (NEW).
PL 1977,
Ch. 696,
§85 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1028. Violations

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3: LICENSING (HEADING: PL 1971, c. 366 (new))

§1028. Violations

Any person who shall violate any of the provisions of this Article, except section 1017, subsection 1, paragraph B, or shall neglect or refuse to comply with the provisions thereof or any rule or regulation promulgated hereunder shall be subject to the following civil penalties payable to the State to be recovered in a civil action: [1977, c. 696, §86 (rpr).]

1. First violation. For the first violation, a civil penalty not to exceed $1,000; and [1977, c. 696, §86 (new).]

2. Subsequent violation. For each subsequent violation, a civil penalty not to exceed $2,000. [1977, c. 696, §86 (new).]
div>
Each day a violation under this section remains uncorrected may be counted as a separate offense. Penalties may be imposed for each violation. [2005, c. 333, §6 (new).]

Section History:
PL 1971,
Ch. 366,
§ (NEW).
PL 1977,
Ch. 696,
§86 (RPR).
PL 2005,
Ch. 333,
§6 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1029-A. Definitions (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3-A: LICENSING FIRST HANDLERS (HEADING: PL 1983, c. 582, @3 (new))

§1029-A. Definitions (REPEALED)

Section History:
PL 1983,
Ch. 582,
§3 (NEW).
PL 1983,
Ch. 582,
§4 (RP ).
PL 1983,
Ch. 829,
§16 (RP ).
PL 1985,
Ch. 450,
§ (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1029-B. Authority of the commissioner (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3-A: LICENSING FIRST HANDLERS (HEADING: PL 1983, c. 582, @3 (new))

§1029-B. Authority of the commissioner (REPEALED)

Section History:
PL 1983,
Ch. 582,
§3 (NEW).
PL 1983,
Ch. 582,
§4 (RP ).
PL 1983,
Ch. 829,
§16 (RP ).
PL 1985,
Ch. 450,
§ (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1029-C. Licensing first handlers (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3-A: LICENSING FIRST HANDLERS (HEADING: PL 1983, c. 582, @3 (new))

§1029-C. Licensing first handlers (REPEALED)

Section History:
PL 1983,
Ch. 582,
§3 (NEW).
PL 1983,
Ch. 582,
§4 (RP ).
PL 1983,
Ch. 583,
§5 (AMD).
PL 1983,
Ch. 829,
§16 (RP ).
PL 1985,
Ch. 450,
§ (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1029-D. Violations (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3-A: LICENSING FIRST HANDLERS (HEADING: PL 1983, c. 582, @3 (new))

§1029-D. Violations (REPEALED)

Section History:
PL 1983,
Ch. 582,
§3 (NEW).
PL 1983,
Ch. 582,
§4 (RP ).
PL 1983,
Ch. 829,
§16 (RP ).
PL 1985,
Ch. 450,
§ (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1029. Purpose (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 3-A: LICENSING FIRST HANDLERS (HEADING: PL 1983, c. 582, @3 (new))

§1029. Purpose (REPEALED)

Section History:
PL 1983,
Ch. 582,
§3 (NEW).
PL 1983,
Ch. 582,
§4 (RP ).
PL 1983,
Ch. 583,
§4 (AMD).
PL 1983,
Ch. 829,
§16 (RP ).
PL 1985,
Ch. 450,
§ (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1031. Purpose (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 4: MAINE POTATO QUALITY CONTROL (HEADING: PL 1981, c. 513, @@10, 12 (new))

§1031. Purpose (REPEALED)

Section History:
PL 1981,
Ch. 513,
§10,12 (NEW).
PL 1987,
Ch. 99,
§1 (AMD).
PL 2005,
Ch. 294,
§15 (RP ).
PL 2005,
Ch. 382,
§A6 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1032. Definitions

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 4: MAINE POTATO QUALITY CONTROL (HEADING: PL 1981, c. 513, @@10, 12 (new))

§1032. Definitions

As used in this Article, unless the context otherwise indicates, the following terms have the following meanings. 1981, c. 513, Â§ 10 (new).

1. Board. [1987, c. 99, Â§ 2 (rp).]

2. Consumer pack. "Consumer pack" means a unit of 50 pounds or less net weight of potatoes contained in a bag or other type of container. Consumer pack shall not mean a master container. [1981, c. 540, Â§ 2 (amd).]

2-A. Identification marks of bag manufacturers and bag distributors. [1987, c. 99, Â§ 3 (rp).]

3. Maine bag. "Maine bag" means any consumer pack for potatoes on which appears the word Maine in letters larger than 14 inch or a pictorial representation of the outline of the shape of the state. [1981, c. 698, Â§ 15 (amd).]

4. Maine bag grade. "Maine bag grade" means any of the officially established grades of potatoes as adopted by the commissioner. [1987, c. 99, Â§ 4 (amd).]

5. Other than Maine bag. [1987, c. 99, Â§ 5 (rp).]

Section History:
PL 1981,
Ch. 513,
§10,12 (NEW).
PL 1981,
Ch. 540,
§2-5 (AMD).
PL 1981,
Ch. 698,
§14,15 (AMD).
PL 1987,
Ch. 99,
§2-5 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1033-A. Duties of the commissioner

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 4: MAINE POTATO QUALITY CONTROL (HEADING: PL 1981, c. 513, @@10, 12 (new))

§1033-A. Duties of the commissioner

1. Inspection fee. After considering the recommendations of the Maine Potato Board, and after considering available money appropriated from the General Fund, the commissioner shall set the inspection fee for potatoes packed in Maine bags pursuant to rules adopted pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375. [2005, c. 294, §17 (amd).]

2. Statement of basis for fee. Upon request of the Maine Potato Board, the commissioner shall provide to the board and other interested parties a written statement of the basis for the fee established under this section. [2005, c. 294, §17 (amd).]

3. Maine bag grades. Pursuant to the rule-making provisions of the Maine Administrative Procedure Act, the commissioner shall adopt the official grade or grades for potatoes to be packed in Maine bags. The commissioner shall prepare proposed rules. These rules as finally adopted become effective on August 1st, 1988 and may be amended only annually thereafter, with amendments becoming effective on August 1st of the year in which adopted. A Maine bag grade may not be less than United States No. 1. [2005, c. 294, §17 (amd).]

Section History:
PL 1983,
Ch. 780,
§3 (NEW).
PL 1987,
Ch. 99,
§13,14 (AMD).
RR 1997,
Ch. 2,
§28 (COR).
PL 2005,
Ch. 294,
§17 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1033. Maine Potato Quality Control Board (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 4: MAINE POTATO QUALITY CONTROL (HEADING: PL 1981, c. 513, @@10, 12 (new))

§1033. Maine Potato Quality Control Board (REPEALED)

Section History:
PL 1981,
Ch. 513,
§10,12 (NEW).
PL 1983,
Ch. 780,
§1,2 (AMD).
PL 1983,
Ch. 812,
§48,49 (AMD).
PL 1987,
Ch. 99,
§6-12 (AMD).
PL 1989,
Ch. 459,
§1,2 (AMD).
PL 1989,
Ch. 503,
§B44 (AMD).
PL 1991,
Ch. 506,
§3 (AMD).
PL 1991,
Ch. 837,
§A21,22 (AMD).
PL 1999,
Ch. 127,
§A15 (AMD).
PL 2001,
Ch. 164,
§1 (AMD).
PL 2005,
Ch. 294,
§16 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1034-A. Variety labeling

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 4: MAINE POTATO QUALITY CONTROL (HEADING: PL 1981, c. 513, @@10, 12 (new))

§1034-A. Variety labeling

There is established a voluntary potato variety labeling program to provide consumers with accurate information on the varieties of potatoes that are available and to assist the industry in establishing markets for new varieties. [1989, c. 459, §3 (new).]

1. Rules. The commissioner shall adopt rules in accordance with Title 5, chapter 375 concerning the program, including, but not limited to, program participation, identification of the varieties of potatoes eligible for inclusion in the potato variety labeling program, requirements of the inspection of potatoes in the program and appropriate methods of labeling. A rule may not be adopted that requires the inspection of potatoes labeled by variety when the packer is not a participant in the potato variety labeling program. [2003, c. 452, Pt. B, §13 (amd); Pt. X, §2 (aff).]

2. Fees. The commissioner shall establish inspection fees for potatoes packed in bags labeled in accordance with the potato variety labeling program at a level 3¢ below the inspection fees established pursuant to sections 1033-A and 1034. [1989, c. 459, §3 (new).]

3. Violation. A participant in the potato variety labeling program may not pack potatoes in a bag labeled with the name of a different potato variety. For the purposes of this subsection, each load of potatoes constitutes a separate violation. [2003, c. 452, Pt. B, §14 (rpr); Pt. X, §2 (aff).]

4. Sunset. [1991, c. 506, §4 (rp).]

5. Penalties. The following penalties apply to violations of this section.

A. A person who violates subsection 3 commits a civil violation for which a fine of not more than $1,000 may be adjudged. [2003, c. 452, Pt. B, §15 (new); Pt. X, §2 (aff).]

B. A person who violates subsection 3 after having previously violated subsection 3 commits a civil violation for which a fine of not more than $2,000 may be adjudged. [2003, c. 452, Pt. B, §15 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. B, §15 (new); Pt. X, §2 (aff).]

Section History:
PL 1989,
Ch. 459,
§3 (NEW).
PL 1991,
Ch. 506,
§4 (AMD).
PL 2003,
Ch. 452,
§B13-15 (AMD).
PL 2003,
Ch. 452,
§X2 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1034. Inspection

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 4: MAINE POTATO QUALITY CONTROL (HEADING: PL 1981, c. 513, @@10, 12 (new))

§1034. Inspection

As a part of an annual plan proposed and approved pursuant to section 1033, subsection 4, the Maine Potato Board may employ inspectors and may require payments for inspection at a rate and schedule to be established by rule by the commissioner. The commissioner shall develop proposed rules. [2005, c. 294, §18 (amd).]

Section History:
PL 1981,
Ch. 513,
§10,12 (NEW).
PL 1987,
Ch. 99,
§15 (AMD).
PL 2005,
Ch. 294,
§18 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1035. Maine bag logo (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 4: MAINE POTATO QUALITY CONTROL (HEADING: PL 1981, c. 513, @@10, 12 (new))

§1035. Maine bag logo (REPEALED)

Section History:
PL 1981,
Ch. 513,
§10,12 (NEW).
PL 1981,
Ch. 540,
§6 (AMD).
PL 1987,
Ch. 99,
§16 (RPR).
PL 2005,
Ch. 294,
§19 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1036-A. Exemption

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 4: MAINE POTATO QUALITY CONTROL (HEADING: PL 1981, c. 513, @@10, 12 (new))

§1036-A. Exemption

The requirements of this article do not apply to identification marks of bag manufacturers and bag distributors. [1987, c. 99, § 19 (new).]

Section History:
PL 1987,
Ch. 99,
§19 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1036. Packing and inspection; shipping penalty; enforcement

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 4: MAINE POTATO QUALITY CONTROL (HEADING: PL 1981, c. 513, @@10, 12 (new))

§1036. Packing and inspection; shipping penalty; enforcement

1. Packing and inspection. No person may pack potatoes in a Maine bag, unless he has given notice of intent to pack to the department, in such form as the department may require. [1987, c. 99, §17 (amd).]

2. Shipping. No packer, shipper, dealer or broker shall prepare for market, send to market or arrange for the sale of, or have possession or control of any potatoes in a Maine bag which have not been determined at point of origin by a duly authorized inspector to have met the standards required by this article. For the purposes of this subsection, the production of an unrestricted, original certificate of inspection covering the entire manifest, or an original or copy of a certificate of inspection positively identifying the actual bags or containers in question shall be deemed to satisfy the requirements of this subsection. The commissioner may promulgate rules consistent with the Maine Administrative Procedure Act, Title 5, chapter 375, to designate other circumstances which will be deemed to satisfy the requirements of this subsection. [1987, c. 754, §4 (rpr).]

2-A. Other than Maine bag. No person may pack potatoes in any consumer pack on which the word "Maine" appears unless the pack is a Maine bag, except that the word "Maine" may appear on any consumer pack if it is the name and address of a producer, packer or any other person at the bottom of the pack and in letters not taller than 14 inch. [1987, c. 99, §18 (new).]

3. Penalty. Any person who violates subsection 1 or 2-A is subject to section 957 and any person who violates subsection 2 is subject to the following civil penalties and administrative action:

A. For the first violation, a forfeiture of $500; [1987, c. 754, §5 (new).]

B. For the 2nd violation, a forfeiture of $1,000; and [1987, c. 754, §5 (new).]

C. For the 3rd and subsequent violations, no less than $1,500. [1993, c. 699, §6 (amd).]

After notice and an opportunity for hearing in an adjudicatory proceeding in accordance with the Maine Administrative Procedure Act, the commissioner may order a person the commissioner finds has violated subsection 2 3 or more times in a shipping season to undergo mandatory inspection in the manner provided in section 446 for a period of one year from the date of the final administrative determination. If the inspection order is stayed during appeal of the administrative determination, the period of the stay is not counted in calculating the one-year period. A person subject to mandatory inspection under this subsection may not ship potatoes packed in consumer packs unless the packs are accompanied by an unrestricted, original certificate of inspection covering the entire manifest, or an original or a copy of a certificate of inspection positively identifying the actual bags or containers in the shipment. Shipment of potatoes without the certificate required by this subsection is a separate violation subject to the penalties provided by this subsection. [1993, c. 699, §6 (amd).]

Section History:
PL 1981,
Ch. 513,
§10,12 (NEW).
PL 1987,
Ch. 99,
§17,18 (AMD).
PL 1987,
Ch. 754,
§4,5 (AMD).
PL 1993,
Ch. 699,
§6 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1037. Inspector licensing

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 10: POTATOES
Article 4: MAINE POTATO QUALITY CONTROL (HEADING: PL 1981, c. 513, @@10, 12 (new))

§1037. Inspector licensing

1. License. The commissioner may establish standards for licensing potato inspectors for the purposes of this subchapter, conduct examinations to license and license successful applicants; provided that the commissioner may determine not to license such private inspectors if he finds that the volume of potatoes inspected by the federal-state inspection service is insufficient to reasonably and efficiently sustain the availability at the federal-state inspection service in the State. The commissioner shall charge a fee of $10 for taking the examination and $15 for a license. A license shall be for 2 years and may be renewed. [1981, c. 513, §§10, 12 (new).]

2. Fees. All fees collected under this section shall be paid immediately to the Treasurer of State and credited to the department for the administration of this section and other expenses incident to the administration of this subchapter. If any fees are not spent during the year in which they are collected, the unexpended balance shall not lapse, but shall be carried as a continuing account and available for the purpose specified until spent. [1981, c. 513, §§10, 12 (new).]

3. Revocation. The commissioner may refuse to renew and the District Court may revoke the license of an inspector upon finding that the inspector has knowingly falsified information relating to inspections or his application for a license. [1981, c. 513, §§10, 12 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

Section History:
PL 1981,
Ch. 513,
§10,12 (NEW).
PL 1999,
Ch. 547,
§B78 (AMD).
PL 1999,
Ch. 547,
§B80 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1041. Title

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 11: SEEDS

§1041. Title

This subchapter shall be known and may be cited as the "Maine Seed Law."
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1042. Definitions

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 11: SEEDS

§1042. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings. [1979, c. 541, Pt. A, § 65 (amd).]

1. Advertisement. "Advertisement" means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the meaning of this subchapter.

2. Agricultural seeds. "Agricultural seeds" shall include the seeds of grass, forage, cereal and fiber crops and any other kinds of seeds commonly recognized within this State as agricultural or field seeds, and mixtures of such seeds, except seeds of cereals grown in Maine and sold directly from grower to grower and not labeled as seed.

3. Labeling. "Labeling" includes all labels and other written, printed or graphic representations, in any form whatsoever, accompanying and pertaining to any seed whether in bulk or in containers, and includes invoices.

4. Noxious-weed seeds. "Noxious-weed seeds" shall be divided into 2 classes, primary noxious-weed seeds and secondary noxious-weed seeds. The commissioner may, through promulgation of regulations, add to or subtract from the list of seeds included under either definition whenever he finds, after public hearing, that such additions or subtractions are within the respective definitions.

5. Person. "Person" shall include any individual, partnership, corporation, company, society or association.

6. Primary noxious-weed seeds. "Primary noxious-weed seeds" are the seeds of perennial weeds such as not only reproduce by seed, but also spread by underground roots or stems, and which, when established, are highly destructive and difficult to control by ordinary good cultural practice. In this State they are the seeds of Bindweed (Convolvulus arvensis), Quackgrass (Agropyron repens), Canada Thistle (Cirsium arvense), Nut Grass (Cyperus esculentus) and Wound Wort (Stachys polustris).

7. Secondary noxious-weed seeds. "Secondary noxious-weed seeds" are the seeds of such weeds as are very objectionable in fields, lawns or gardens, but can be controlled by good cultural practice. In this State they are the seeds of Dodder (Cuscuta spp.), Horsenettle (Solanum carolinense), Wild Mustard (Brassica spp.), Wild Garlic (Allium vineale), Wild Onion (Allium canadense), Wild Radish (Raphanus raphanistrum), Perennial Sowthistle (Sonchus arvensis), Corncockle (Agrostemma githago), Buckhorn Plantain (Plantago lanceolata) and Yellow Rocket (Barbarea vulgaris).

7-A. Tree and shrub seeds. "Tree and shrub seeds" shall include the seeds of woody plants commonly known and sold as tree and shrub seeds in this State. [1969, c. 42, § 2 (new).]

8. Vegetable seeds. "Vegetable seeds" shall include the seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of vegetable seeds in this State.

9. Weed seeds. "Weed seeds" shall include the seeds of all plants other than other crop seed and pure seed and shall include noxious-weed seeds.

Section History:
PL 1969,
Ch. 42,
§2 (AMD).
PL 1979,
Ch. 541,
§A65 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1043. Label requirements

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 11: SEEDS

§1043. Label requirements

Each container of agricultural, vegetable or tree and shrub seeds which is sold, offered for sale or exposed for sale within the State for sowing purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information: [1969, c. 42, § 3 (amd).]

1. Agricultural seeds. For agricultural seeds:

A. Commonly accepted name of kind or kind and variety of each agricultural seed component in excess of 5% of the whole and the percentage by weight of each in the order of its predominance. Where more than one component is required to be named, the word "mixture" or "mixed" shall be shown conspicuously on the label;

B. Lot number or other lot identification;

C. Origin, if known, of alfalfa, red clover and field corn, except hybrid corn. If the origin is unknown, that fact shall be stated;

D. Percentage by weight of all weed seeds;

E. The name and approximate number of each kind of secondary noxious-weed seed:

(1) Per ounce in Agrostis spp., Poa spp., Rhodes grass, Bermuda grass, timothy, orchard grass, fescues, alsike and white clover, reed canary grass, Dallis grass, ryegrass, foxtail millet, alfalfa, red clover, sweetclovers, lespedezas, smooth brome, crimson clover, Brassica spp., flax, Agropyron spp. and other agricultural seeds of similar size and weight or mixtures within this group; and

(2) Per pound in proso, Sudan grass, wheat, oats, rye, barley, buckwheat, sorghums, vetches and other agricultural seeds of a size and weight similar to or greater than those within this group or any mixtures within this group.

All determinations of noxious-weed seeds shall be subject to tolerances and methods of determination prescribed in the rules and regulations promulgated by the commissioner under this subchapter;

F. Percentage by weight of agricultural seeds, which may be designated as "crop seeds," other than those required to be named on the label;

G. Percentage by weight of inert matter;

H. For each named agricultural seed:

(1) Percentage of germination, exclusive of hard seed;

(2) Percentage of hard seed, if present;

(3) "Total germination and hard seed" may be stated as such, if desired;

p align="center">(4) The calendar month and year the test was completed to determine such percentages; p align="center"> p align="center">I. Name and address of the person who labeled said seed or who sells, offers or exposes said seed for sale within this State.

2. Vegetable seeds. For vegetable seeds:

A. Name of kind and variety of seed;

B. For seeds which germinate less than the standard last established by the commissioner:

(1) Percentage of germination, exclusive of hard seed;

(2) Percentage of hard seed, if present;

(3) The calendar month and year the test was completed to determine such percentages;

(4) The words "Below Standard" in not less than 8-point type.

C. Name and address of the person who labeled said seed or who sells, offers or exposes said seed for sale within this State.

3. Tree and shrub seeds. For tree and shrub seeds:

A. Name of kind and variety; [1969, c. 42, § 4 (new).]

B. The percentage by weight of pure seed; [1969, c. 42, § 4 (new).]

C. The percentage of germination; [1969, c. 42, § 4 (new).]

D. The year of collection of such seed; [1969, c. 42, § 4 (new).]

E. The specific locality, state and county in the United States or nearest equivalent political unit in the case of foreign countries, in which the seed was collected. [1969, c. 42, § 4 (new).]

F. Name and address of the person who labeled said seed, or who sells, offers or exposes said seed for sale within this State. [1969, c. 42, § 4 (new).]

[1969, c. 42, § 4 (new).]

Section History:
PL 1969,
Ch. 42,
§3,4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1044-A. Licensing requirements

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 11: SEEDS

§1044-A. Licensing requirements

For the purpose of providing revenues to defray the expense of the inspection and analysis prescribed in this subchapter, the commissioner shall license seed labelers. The commissioner shall prescribe the license application form. License fees established under this subchapter may be collected on other than an annual basis if the license required in this section is issued in conjunction with a nursery operator's license issued under section 2171. [1999, c. 84, §2 (amd).]

1. Retail dealer's license. [1995, c. 435, §2 (rp); §3 (aff).]

2. Seed labeling license. A person, firm or corporation may not label agricultural, vegetable and tree and shrub seeds, except seed potatoes, for planting purposes for distribution or sale in this State without having obtained a seed labeling license. The seed labeling licensee is responsible for the accuracy of the seed contents of all packages, boxes and bags of seeds labeled by the licensee. The fee for a seed labeling license is $50 annually. A license may be issued for a one-year, 2-year or 3-year period. Licenses for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year license is 2 times the annual fee. The fee for a 3-year license is 3 times the annual fee. [2005, c. 12, Pt. EEE, §2 (amd).]

3. Disposition of fees. Fees received for licenses established under this section shall be paid to the Treasurer of State for deposit in the General Fund. [1979, c. 672, Pt. A, §25 (new).]

Section History:
PL 1979,
Ch. 672,
§A25 (NEW).
PL 1995,
Ch. 435,
§1,2 (AMD).
PL 1995,
Ch. 435,
§3 (AFF).
PL 1997,
Ch. 454,
§3 (AMD).
PL 1999,
Ch. 84,
§2 (AMD).
PL 2005,
Ch. 12,
§EEE2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1044. Prohibitions

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 11: SEEDS

§1044. Prohibitions

1. Test for germination; labels; ads; noxious weeds. It shall be unlawful for any person to sell, offer for sale or expose for sale any agricultural, vegetable or tree and shrub seeds within this State:

A. Unless the test to determine the percentage of germination required by section 1043 shall have been completed within a 9-month period, exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale or offering for sale or transportation;

B. Not labeled in accordance with this subchapter, or having a false or misleading label;

C. Pertaining to which there has been a false or misleading advertisement;

D. Containing primary noxious-weed seeds not in accordance with tolerances and methods of determination prescribed in the rules and regulations promulgated by the commissioner;

E. If noxious-weed seeds are present singularly or collectively in excess of 500 per pound. [1969, c. 42, § 5 (amd).]

2. Misuse of labels; false ads; obstructions; stop-sales. It shall be unlawful for any person within this State:

A. To detach, alter, deface or destroy any label provided for in this subchapter, or the rules and regulations promulgated by the commissioner thereunder, or to alter or substitute seed in any manner that may defeat the purposes of said subchapter;

B. To disseminate any false or misleading advertisement concerning agricultural, vegetable or tree and shrub seeds in any manner or by any means; [1969, c. 42, § 6 (amd).]

C. To hinder or obstruct in any way any authorized person in the performance of his duties under this subchapter;

D. To fail to comply with a "stop-sale" order. [1969, c. 42, § 6 (amd).]

Section History:
PL 1969,
Ch. 42,
§5,6 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1045. Exemptions and violations

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 11: SEEDS

§1045. Exemptions and violations

Sections 1043 and 1044 shall not apply to seed or grain not intended for sowing purposes, nor to seed in storage in, or consigned to, a seed cleaning or processing establishment for cleaning or processing. Any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this subchapter. [1977, c. 696, § 87 (rpr).] div>
No person shall be deemed in violation of this subchapter for having sold or offered or exposed for sale in this State any agricultural vegetable or tree and shrub seed which were incorrectly labeled or represented as to kind, variety, type or origin, which seeds cannot be identified by examination thereof, unless he has failed to obtain an invoice or grower's declaration giving kind, or kind and variety, or kind and type, and origin if required, and to take such other precautions as may be necessary to insure the identity to be that stated. [1977, c. 696, § 87 (rpr).] div>
Violation of this subchapter is a civil violation for which the following forfeitures may be adjudged. [1977, c. 696, § 87 (rpr).] p align="center">

1. First violation. For the first violation, a forfeiture not to exceed $100; and [1977, c. 696, § 87 (new).]

2. Subsequent violation. For each subsequent similar violation, a forfeiture not to exceed $250. [1977, c. 696, § 87 (new).]

Section History:
PL 1969,
Ch. 42,
§7 (AMD).
PL 1977,
Ch. 696,
§87 (RPR).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1046. Duties of commissioner

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 11: SEEDS

§1046. Duties of commissioner

It shall be the duty of the commissioner, who may act through his authorized agents:

1. Inspection. To sample, inspect, cause to be analyzed or tested, agricultural, vegetable or tree and shrub seeds transported, sold or offered or exposed for sale within this State for sowing purposes, at such time and place and to such extent as he may deem necessary to determine whether said agricultural, vegetable or tree and shrub seeds are in compliance with this subchapter, and to notify promptly of any violation, the person who transported, sold, offered or exposed the seed for sale; [1969, c. 42, § 8 (amd).]

2. Rules and regulations. To prescribe and, in a manner consistent with the Maine Administrative Procedure Act, to adopt rules and regulations governing the methods of sampling, inspecting, analysis, test and examination of agricultural, vegetable or tree and shrub seeds, and the tolerances to be followed, which shall be in general accord with officially prescribed practice in interstate commerce, and such other rules and regulations as may be necessary to secure the efficient enforcement of this subchapter. [1977, c. 694, § 113 (amd).]

Section History:
PL 1969,
Ch. 42,
§8 (AMD).
PL 1977,
Ch. 694,
§113 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1047. Powers

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 11: SEEDS

§1047. Powers

For the purpose of carrying out this subchapter, the commissioner or his duly authorized agents shall have authority:

1. Stop-sale orders. To issue and enforce a written or printed "stop-sale" order to the owner or custodian of any lot of agricultural, vegetable or tree and shrub seeds which the commissioner finds is in violation of any of the provisions of this subchapter, which order shall prohibit further sale of such seed until such officer has evidence that the law has been complied with. The issuance of such an order shall not be considered licensing or an adjudicatory proceeding, as defined by the Maine Administrative Procedure Act. No "stop-sale" order shall be issued or attached to any lot of seed without first giving the owner or custodian of such seed an opportunity to comply with the law. The owner or custodian of seeds which have been denied sale by a "stop-sale" order shall have the right to appeal from such order to a court of competent jurisdiction in the locality in which the seeds are found, praying for a judgment as to the justification of said order and for the discharge of such seed from the order. This subsection shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of this subchapter. [1977, c. 694, § 114 (amd).]

2. Employ qualified persons. To employ qualified persons under the Civil Service Law and to incur such expenses as may be necessary to carry out this subchapter; and [1985, c. 785, Pt. B, § 44 (amd).]

3. Cooperate with Federal Government. To cooperate with the Federal Government in seed law enforcement.

Section History:
PL 1969,
Ch. 42,
§9 (AMD).
PL 1977,
Ch. 694,
§114 (AMD).
PL 1985,
Ch. 785,
§B44 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1048. Seizure

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 11: SEEDS

§1048. Seizure

Any lot of agricultural, vegetable or tree and shrub seeds not in compliance with this subchapter shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the locality in which the seed is located. In the event that the court finds the seed to be in violation of this subchapter, and orders the condemnation of said seed, it shall be denatured, processed, destroyed, relabeled or otherwise disposed of as provided in this subchapter. In no instance shall the court order such disposition of seed without first having given the claimant an opportunity to apply to the court for the release of said seed or permission to process or relabel it to bring it into compliance with this subchapter. [1969, c. 42, § 10 (amd).]

Section History:
PL 1969,
Ch. 42,
§10 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1051. Definitions

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 11-A: GENETICALLY ENGINEERED PLANTS AND SEEDS (HEADING: PL 2001, c. 330, @1 (new))

§1051. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [2001, c. 330, §1 (new).]

1. Cross-contamination. "Cross-contamination" means the unintentional transfer and incorporation of genetic material between a genetically engineered crop, by cross-pollination or other means, and a nongenetically engineered crop or a wild plant population. [2001, c. 330, §1 (new).]

2. Genetically engineered. "Genetically engineered" means altered by human manipulation at the molecular or cellular level by processes, including recombinant deoxyribonucleic acid and ribonucleic acid techniques, cell fusion, microencapsulation, macroencapsulation and introduction of foreign genes. "Genetically engineered" does not include products altered exclusively by breeding, conjugation, fermentation, hybridization, in vitro fertilization or tissue culture. [2001, c. 330, §1 (new).]

3. Seed dealer. "Seed dealer" means a person who cleans, processes, sells or offers for sale seeds in this State. [2001, c. 330, §1 (new).]

Section History:
PL 2001,
Ch. 330,
§1 (NEW).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1052. Responsibilities of manufacturer

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 11-A: GENETICALLY ENGINEERED PLANTS AND SEEDS (HEADING: PL 2001, c. 330, @1 (new))

§1052. Responsibilities of manufacturer

A manufacturer of genetically engineered plants, planting stock or seeds that present a risk of cross-contamination and are sold or distributed in this State is subject to the provisions of this subchapter. [2001, c. 330, §1 (new).]

1. Instructions. The manufacturer or seed dealer of the genetically engineered plants, plant parts or seeds shall provide written instructions to all growers on how to plant the plant parts, seeds or plants and how to grow and harvest the crop to minimize potential cross-contamination. These instructions must be at least as inclusive as guidelines issued by the United States Department of Agriculture relative to the establishment of buffer zones between genetically engineered plants and wild or cultivated plants subject to the risk of cross-contamination. The manufacturer or seed dealer shall file a copy of these instructions with the commissioner at least 20 days in advance of any sale of the genetically engineered plants, plant parts or seeds in this State. [2001, c. 330, §1 (new).]

2. Record keeping. The manufacturer or seed dealer shall identify and maintain, for at least 2 years after the date of sale, a list of the names and addresses of all growers of its genetically engineered plants, plant parts or seeds in this State. The list is not a public record as defined in Title 1, section 402, subsection 3. A manufacturer or seed dealer shall permit the commissioner to inspect the list when requested to facilitate an investigation into a claim of cross-contamination. A manufacturer or seed dealer is not required to keep records on seeds sold at the retail level in packets weighing less than one pound. A manufacturer of genetically engineered seeds is not required to keep records under this subsection when the required records are being kept by a seed dealer. [2001, c. 330, §1 (new).]

3. Violation; penalty. Failure to comply with this subchapter is a civil violation for which a penalty of not more than $1,500 may be adjudged. In accordance with Title 5, chapter 375, the commissioner may suspend or revoke a license issued under section 1044-A if the holder of the license fails to comply with this subchapter. [2001, c. 330, §1 (new).]

Section History:
PL 2001,
Ch. 330,
§1 (NEW).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1081. Definitions (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 12: VINEGAR (HEADING: PL 1979, c. 672, Pt. A, @21 (rp))

§1081. Definitions (REPEALED)

Section History:
PL 1979,
Ch. 541,
§A66 (AMD).
PL 1979,
Ch. 672,
§A21 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1082. Sales of adulterated or misbranded vinegar prohibited (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 12: VINEGAR (HEADING: PL 1979, c. 672, Pt. A, @21 (rp))

§1082. Sales of adulterated or misbranded vinegar prohibited (REPEALED)

Section History:
PL 1979,
Ch. 672,
§A21 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1083. Adulteration (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 12: VINEGAR (HEADING: PL 1979, c. 672, Pt. A, @21 (rp))

§1083. Adulteration (REPEALED)

Section History:
PL 1979,
Ch. 672,
§A21 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1084. Misbranding (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 12: VINEGAR (HEADING: PL 1979, c. 672, Pt. A, @21 (rp))

§1084. Misbranding (REPEALED)

Section History:
PL 1979,
Ch. 672,
§A21 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1085. Common carriers (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 12: VINEGAR (HEADING: PL 1979, c. 672, Pt. A, @21 (rp))

§1085. Common carriers (REPEALED)

Section History:
PL 1977,
Ch. 251,
§2 (AMD).
PL 1979,
Ch. 672,
§A21 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §531. Definitions

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1: APPLES

§531. Definitions

For the purpose of this subchapter, apples packed in a closed package or container or sold at retail in bulk or in an open package or container shall be deemed to be adulterated if their measure, quality, grade or purity do not conform in each particular to the claims made upon the affixed guaranty, and shall be deemed to be misbranded:

1. Container fails to bear all statements. If the package or container, whether open or closed, fails to bear all statements required by section 534;

2. False or misleading statements. If the package or container, whether open or closed, bears any statement, design or device regarding such article or its contents which shall be false or misleading in any particular or is falsely branded in any particular.

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §532. Standard box for apples

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1: APPLES

§532. Standard box for apples

The standard box for apples shall have the following inside dimensions when measured without distention of parts: Length, 17 inches; width, 13 inches; height, 11 inches. A box having a capacity of 2,431 cubic inches shall be a lawful bushel. [1977, c. 696, § 62 (amd).]

Section History:
PL 1977,
Ch. 696,
§62 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §533. Standard grades established

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1: APPLES

§533. Standard grades established

The grades for apples recommended by the United States Department of Agriculture and recognized in the central markets of the country as government grades and such other grades or standards as may be promulgated by the commissioner under sections 441 to 447, are made the official state grades for apples of the State presented for intrastate or interstate shipment. All containers as presented for shipment whether by truck, train or boat shall have written, stamped or attached thereon the provisions required in section 534.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §534. Labels; sales in bulk or open package

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1: APPLES

§534. Labels; sales in bulk or open package

Every closed package or container of apples, which is packed, sold, distributed, transported, offered or exposed for sale, distribution or transportation in the State by any person shall have affixed in a conspicuous place on the outside thereof a plainly printed statement clearly and truly stating the name and address of the owner or shipper of the apples at the time of packing, the name of the variety, the class or grade of the apples contained therein and the minimum size or the numerical count of the apples in the packages, together with the minimum volume of the apples in the container. If the apples were grown in Maine, that fact shall be plainly designated. div>
All apples sold, offered, exposed or advertised for sale at retail in bulk or in open packages or containers shall be plainly and conspicuously marked and identified as to variety and grade.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §535. Prohibitions

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1: APPLES

§535. Prohibitions

No person shall, within this State, pack, sell, distribute, transport, offer or expose for sale, distribution or transportation apples which are adulterated or misbranded within the meaning of section 531.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §536. Advertising

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1: APPLES

§536. Advertising

When apples are advertised for sale by radio, television, newspapers or any other medium in which the price is to be quoted, such advertisement must state the correct grade, size and variety. div>
No signs, flyers, advertisements or false labels shall be used to sell or offer for sale or expose for sale any apples which do not conform to the standards as established in section 533. When signs, flyers or posters are used to advertise the price of apples, the variety, size or numerical count, and grade must be shown on such signs, flyers and posters.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §537. Sale and movement of apples

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1: APPLES

§537. Sale and movement of apples

No person, firm or corporation shall within this State sell, distribute, transport, offer or expose for sale, distribution or transportation any apples that do not conform to the apple grades established in section 533. Nothing in this section shall apply to any person, firm or corporation supplying apples consigned to a processing plant for use therein. No provisions of this subchapter shall be construed to prevent a grower or shipper of apples from delivering the same to a packing house for grading or to a processing plant or cold storage plant where apples are stored and prepared for market. Apples which do not meet the established grades or classifications as provided by section 533 may be sold as culls provided the package or container is conspicuously marked with the word "Culls". The commissioner shall diligently enforce this section and in person or by deputy shall have free access, ingress and egress at all reasonable hours to any place or any building wherein apples are stored, transported, sold, offered or exposed for sale or for transportation. He may in person or by deputy upon tendering the market price take samples of apples therefrom.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §538. Guaranty bar to prosecution

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1: APPLES

§538. Guaranty bar to prosecution

No person shall be subject to suit under this subchapter, if he can establish a guaranty, signed by the person from whom he received any such article, to the effect that the same is not adulterated or misbranded within the meaning of section 531. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale or such article to such dealer, and in such case said party or parties shall be amenable to the suits, forfeitures and other penalties which would attach, in due course, to the dealer under this subchapter. [1977, c. 696, § 63 (amd).]

Section History:
PL 1977,
Ch. 696,
§63 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §539. Sale, exchange or transport of "controlled atmosphere" apples

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1: APPLES

§539. Sale, exchange or transport of "controlled atmosphere" apples

No person shall sell or exchange or offer or expose for sale or exchange or transport for sale any apples represented as having been exposed to "controlled atmosphere," "modified atmosphere," alone or with other words, or shall so use any such term or form of words or symbols of similar import on any container or lot of apples advertised, sold, offered for sale or transported for sale within this State unless such apples have been kept in a room or storage building with not more than 5% oxygen for a minimum of 90 days, except that the commissioner, after notice and public hearing, may change the minimum of 90 days to any number of less days, as conditions in the apple industry may require. [1965, c. 6 (amd).] div>
If within a period of 100 consecutive days the oxygen content of a sealed storage room shall be at 5% or less for a total of 90 days, the room shall qualify as a legal controlled atmosphere room. [1971, c. 13, § 1 (new).]

Section History:
PL 1965,
Ch. 6,
§ (AMD).
PL 1971,
Ch. 13,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §540-A. Sealing; notification

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1: APPLES

§540-A. Sealing; notification

The commissioner shall be notified of the date of sealing of a controlled atmosphere room within 5 days of the sealing operation. [1971, c. 13, § 2 (new).]

Section History:
PL 1971,
Ch. 13,
§2 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §540-B. Department of Agriculture seal

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1: APPLES

§540-B. Department of Agriculture seal

All controlled atmosphere storage rooms shall be sealed by a Department of Agriculture, Food and Rural Resources seal, affixed by an authorized representative of the department. All storages to qualify for controlled atmosphere must have been sealed by a department representative on or before November 15th of the storage year. [1979, c. 731, § 19 (amd).] div>
No seal shall be broken, nor any such room be entered during the 90-day required period, except as provided in section 539. Whenever such interruptions occur, the Division of Markets of the Department of Agriculture, Food and Rural Resources must be notified within 48 hours after the opening of such rooms. Such entered room shall thereafter be resealed by an authorized representative of the department. [1979, c. 731, § 19 (amd).]

Section History:
PL 1971,
Ch. 13,
§3 (NEW).
PL 1979,
Ch. 541,
§A48 (AMD).
PL 1979,
Ch. 731,
§19 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §540. Registration

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1: APPLES

§540. Registration

Any person owning or operating a controlled atmosphere room or storage building or packers or repackers of apples coming under section 539 shall register with the commissioner on a form prescribed by the commissioner. The registration period shall commence on August 1st and end on July 31st of each year. Owners or operators of such a room or storage building shall register on or before August 1st of each year. div>
The commissioner shall assign each approved registrant a registration number preceded by the letters "Maine C.A." This number shall be clearly marked on all containers coming under section 539 and shall be in accordance with all provisions of law pertaining to markings for apples.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §541. Air components determinations

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1: APPLES

§541. Air components determinations

Each owner or operator shall make the required air components determinations daily. The percent of oxygen shall be reduced to 5% within 20 days after date of sealing.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §542. Records

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1: APPLES

§542. Records

A record on a form approved by the commissioner shall be kept at a convenient location adjacent to said room or storage building from the day of sealing to the day of opening of said room or storage building, and shall be subject to review by the commissioner or his authorized agents at any time for a period of at least one year. It shall include owner or operator's name and address, room number, date of sealing, date of opening, capacity in bushels, lot identification, number of bushels within each lot, daily air components determination recordings showing date of test, time of test, percentage of carbon dioxide, percentage of carbon dioxide and oxygen, percentage of oxygen, temperature and comments. div>
Each owner or operator shall submit to the department, within 20 days after date of sealing, a report in writing for each room showing room number, date of sealing and number of bushels contained therein.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §543-A. Cider

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1: APPLES

§543-A. Cider

1. Restriction on product labeled as cider. A person may not sell, advertise, offer or expose for sale any product labeled as "cider" if that product has been heated to a temperature of 155` Fahrenheit or higher for more than 10 seconds. [1999, c. 175, §1 (new).]

2. Accepted processing methods. All cider sold, advertised, offered or exposed for sale must be heat treated, treated by ultraviolet light or pressed under a state-approved hazard and critical control plan unless the cider bears a warning label in accordance with subsection 3. A state-approved hazard and critical control plan must prohibit the pressing of apples that have dropped from the trees for use in cider. For the purposes of this section, "heat treated" means heated to a temperature of 155` Fahrenheit or higher for no more than 10 seconds. [1999, c. 175, §1 (new).]

3. Warning label. A person selling, advertising, offering or exposing for sale cider that has not been processed in accordance with subsection 2 must affix a label to that product stating: "WARNING: This product has not been pasteurized. It may contain harmful bacteria that can cause serious illness in children, the elderly and persons with weakened immune systems." [1999, c. 175, §1 (new).]

4. Exemption. Hard cider as defined in Title 28-A, section 2, subsection 12-A is exempt from this section. [1999, c. 175, §1 (new).]

Section History:
PL 1983,
Ch. 220,
§ (NEW).
PL 1999,
Ch. 175,
§1 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §543. Access

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1: APPLES

§543. Access

The commissioner, in person or by deputy, shall have free access, ingress and egress at all reasonable hours to any place or any building wherein apples are packed, stored, transported, sold, offered or exposed for sale or for transportation. He may, in person or by deputy, open any box or other container and may, upon tendering the market price, take samples therefrom.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §544. Violations

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1: APPLES

§544. Violations

Whoever adulterates or misbrands apples within the meaning of section 531, or whoever packs, sells, distributes, transports, offers or exposes for sale, distribution or transportation apples in violation of any provision of this subchapter commits a civil violation for which the following forfeitures may be adjudged: [1977, c. 696, § 64 (rpr).]

1. First violation. For the first violation, a forfeiture not to exceed $100; and [1977, c. 696, § 64 (new).]

2. Subsequent violation. For each subsequent violation, a forfeiture not to exceed $200. [1977, c. 696, § 64 (new).]

Section History:
PL 1977,
Ch. 696,
§64 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §551. Definitions (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1-A: LABELING OF WATER (HEADING: PL 2003, c. 220, @1 (rpr))

§551. Definitions (REPEALED)

Section History:
PL 1979,
Ch. 240,
§1,2 (NEW).
PL 1985,
Ch. 329,
§1 (AMD).
PL 2003,
Ch. 220,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §552. Food labeled or advertised as natural (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1-A: LABELING OF WATER (HEADING: PL 2003, c. 220, @1 (rpr))

§552. Food labeled or advertised as natural (REPEALED)

Section History:
PL 1979,
Ch. 240,
§1,2 (NEW).
PL 1981,
Ch. 314,
§ (AMD).
PL 1999,
Ch. 547,
§B78 (AMD).
PL 1999,
Ch. 547,
§B80 (AFF).
PL 2003,
Ch. 220,
§3 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §553. Labeling and advertising (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1-A: LABELING OF WATER (HEADING: PL 2003, c. 220, @1 (rpr))

§553. Labeling and advertising (REPEALED)

Section History:
PL 1979,
Ch. 240,
§1,2 (NEW).
PL 1985,
Ch. 329,
§2 (AMD).
PL 1989,
Ch. 756,
§1,2 (AMD).
PL 2003,
Ch. 220,
§4 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §554. Prohibition on labeling or advertising as "health food" (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1-A: LABELING OF WATER (HEADING: PL 2003, c. 220, @1 (rpr))

§554. Prohibition on labeling or advertising as "health food" (REPEALED)

Section History:
PL 1979,
Ch. 240,
§1,2 (NEW).
PL 2003,
Ch. 220,
§5 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §555. Prohibition on certain claims of superiority (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1-A: LABELING OF WATER (HEADING: PL 2003, c. 220, @1 (rpr))

§555. Prohibition on certain claims of superiority (REPEALED)

Section History:
PL 1979,
Ch. 240,
§1,2 (NEW).
PL 2003,
Ch. 220,
§5 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §556. Certification (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1-A: LABELING OF WATER (HEADING: PL 2003, c. 220, @1 (rpr))

§556. Certification (REPEALED)

Section History:
PL 1979,
Ch. 240,
§1,2 (NEW).
PL 1989,
Ch. 663,
§ (AMD).
PL 1991,
Ch. 57,
§1 (AMD).
PL 2003,
Ch. 220,
§6 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §557. Records (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1-A: LABELING OF WATER (HEADING: PL 2003, c. 220, @1 (rpr))

§557. Records (REPEALED)

Section History:
PL 1979,
Ch. 240,
§1,2 (NEW).
PL 1979,
Ch. 731,
§19 (AMD).
PL 2003,
Ch. 220,
§7 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §558. Exemptions (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1-A: LABELING OF WATER (HEADING: PL 2003, c. 220, @1 (rpr))

§558. Exemptions (REPEALED)

Section History:
PL 1979,
Ch. 240,
§1,2 (NEW).
PL 2003,
Ch. 220,
§8 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §559. General penalty (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1-A: LABELING OF WATER (HEADING: PL 2003, c. 220, @1 (rpr))

§559. General penalty (REPEALED)

Section History:
PL 1979,
Ch. 240,
§1,2 (NEW).
PL 1991,
Ch. 57,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §560. Injunctive relief (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1-A: LABELING OF WATER (HEADING: PL 2003, c. 220, @1 (rpr))

§560. Injunctive relief (REPEALED)

Section History:
PL 1979,
Ch. 240,
§1,2 (NEW).
PL 2003,
Ch. 220,
§8 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §561. Stores and restaurants (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1-A: LABELING OF WATER (HEADING: PL 2003, c. 220, @1 (rpr))

§561. Stores and restaurants (REPEALED)

Section History:
PL 1979,
Ch. 240,
§1,2 (NEW).
PL 2003,
Ch. 220,
§8 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §562-A. Enforcement obligations

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1-A: LABELING OF WATER (HEADING: PL 2003, c. 220, @1 (rpr))

§562-A. Enforcement obligations

1. Rules. The department shall adopt rules as it determines appropriate for the proper administration of this subchapter. [1991, c. 57, §4 (new).]

2. Violation notices. The department shall issue notices to bottlers and distributors alleged to have violated any provision of this subchapter. A person who violates this subchapter commits a civil violation for which a fine not to exceed $1,000 may be adjudged. The department may also recover costs of investigation, with the limitation that the total fine and costs assessed for a violation may not exceed $1,000. [2003, c. 220, §9 (amd).]

Section History:
PL 1991,
Ch. 57,
§4 (NEW).
PL 2003,
Ch. 220,
§9 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §562-B. Identification of source of water sold in containers and intended for human consumption

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1-A: LABELING OF WATER (HEADING: PL 2003, c. 220, @1 (rpr))

§562-B. Identification of source of water sold in containers and intended for human consumption

The label on water that is sold in the State in containers and that is intended for human consumption must include words that, without the use of abbreviations or acronyms, identify the name and geographic location of the water body, well or public water supply from which the water was obtained. [2003, c. 5, §1 (amd).]

Section History:
PL 2001,
Ch. 283,
§1 (NEW).
PL 2003,
Ch. 5,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §562. Enforcement obligations (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1-A: LABELING OF WATER (HEADING: PL 2003, c. 220, @1 (rpr))

§562. Enforcement obligations (REPEALED)

Section History:
PL 1979,
Ch. 240,
§1,2 (NEW).
PL 1979,
Ch. 731,
§19 (AMD).
PL 1991,
Ch. 57,
§3 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §563. Water labeled or advertised as from Maine

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 1-A: LABELING OF WATER (HEADING: PL 2003, c. 220, @1 (rpr))

§563. Water labeled or advertised as from Maine

Water may not be labeled or advertised as "Maine water" or "from Maine" if the water is not from a natural source in the State. [2001, c. 174, §2 (new).]

Section History:
PL 2001,
Ch. 174,
§2 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §581. Title (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2: ECONOMIC POISONS (HEADING: PL 1975, c. 382, @2 (rp))

§581. Title (REPEALED)

Section History:
PL 1975,
Ch. 382,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §582. Definitions (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2: ECONOMIC POISONS (HEADING: PL 1975, c. 382, @2 (rp))

§582. Definitions (REPEALED)

Section History:
PL 1975,
Ch. 382,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §583. Rules and regulations (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2: ECONOMIC POISONS (HEADING: PL 1975, c. 382, @2 (rp))

§583. Rules and regulations (REPEALED)

Section History:
PL 1975,
Ch. 382,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §584. Registration (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2: ECONOMIC POISONS (HEADING: PL 1975, c. 382, @2 (rp))

§584. Registration (REPEALED)

Section History:
PL 1975,
Ch. 382,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §585. Corrections; protests (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2: ECONOMIC POISONS (HEADING: PL 1975, c. 382, @2 (rp))

§585. Corrections; protests (REPEALED)

Section History:
PL 1975,
Ch. 382,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §586. Exceptions; renewal; fees (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2: ECONOMIC POISONS (HEADING: PL 1975, c. 382, @2 (rp))

§586. Exceptions; renewal; fees (REPEALED)

Section History:
PL 1975,
Ch. 382,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §587. Prohibitions (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2: ECONOMIC POISONS (HEADING: PL 1975, c. 382, @2 (rp))

§587. Prohibitions (REPEALED)

Section History:
PL 1975,
Ch. 382,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §588. Exemptions (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2: ECONOMIC POISONS (HEADING: PL 1975, c. 382, @2 (rp))

§588. Exemptions (REPEALED)

Section History:
PL 1975,
Ch. 382,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §589. Cooperation with Federal Government and other states (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2: ECONOMIC POISONS (HEADING: PL 1975, c. 382, @2 (rp))

§589. Cooperation with Federal Government and other states (REPEALED)

Section History:
PL 1975,
Ch. 382,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §590. Seizure; forfeiture (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2: ECONOMIC POISONS (HEADING: PL 1975, c. 382, @2 (rp))

§590. Seizure; forfeiture (REPEALED)

Section History:
PL 1975,
Ch. 382,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §591. Penalties (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2: ECONOMIC POISONS (HEADING: PL 1975, c. 382, @2 (rp))

§591. Penalties (REPEALED)

Section History:
PL 1975,
Ch. 382,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §592. "Stop-sale" order (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2: ECONOMIC POISONS (HEADING: PL 1975, c. 382, @2 (rp))

§592. "Stop-sale" order (REPEALED)

Section History:
PL 1973,
Ch. 245,
§ (NEW).
PL 1975,
Ch. 382,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §601. Title

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§601. Title

This subchapter shall be known as the "Maine Pesticide Control Act of 1975." [1975, c. 382, § 3 (new).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §602. Enforcing official

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§602. Enforcing official

This subchapter is administered by the Board of Pesticides Control, hereinafter referred to as the "board." [1993, c. 349, §22 (rpr).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1979,
Ch. 731,
§19 (AMD).
PL 1989,
Ch. 841,
§1 (AMD).
PL 1989,
Ch. 878,
§E1 (AMD).
PL 1993,
Ch. 349,
§22 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §603. Declaration of purpose (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§603. Declaration of purpose (REPEALED)

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 2005,
Ch. 382,
§A4 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §604. Definitions

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§604. Definitions

As used in this subchapter, unless the context otherwise indicates, the following words shall have the following meanings. [1975, c. 382, §3 (new).]

1. Active ingredient. "Active ingredient" means any ingredient which will prevent, destroy, repel, control or mitigate pests, or which will act as a plant regulator, defoliant or desiccant. [1975, c. 382, §3 (new).]

2. Adulterated. "Adulterated" shall apply to any pesticide if its strength or purity falls below the professed standard of quality as expressed on its labeling under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent of the pesticide has been wholly or in part abstracted. [1975, c. 382, §3 (new).]

3. Animal. "Animal" means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish and shellfish. [1975, c. 382, §3 (new).]

4. Beneficial insects. "Beneficial insects" means those insects which, during their life cycle, are effective pollinators of plants, are parasites or predators of pests or are otherwise beneficial. [1975, c. 382, §3 (new).]

5. Commissioner. "Commissioner" means the Commissioner of Agriculture, Food and Rural Resources or his authorized agents. [1979, c. 731, §19 (amd).]

6. Defoliant. "Defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. [1975, c. 382, §3 (new).]

7. Desiccant. "Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. [1975, c. 382, §3 (new).]

8. Device. "Device" means any instrument or contrivance, other than a firearm, which is intended for trapping, destroying, repelling or mitigating any pest or any other form of plant or animal life, other than man and other bacteria, virus or other microorganism on or in living man or other living animals, but not including equipment used for the application of pesticides when sold separately therefrom. [1975, c. 382, §3 (new).]

9. Distribute. "Distribute" means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment or receive and, having so received, deliver or offer to deliver, pesticides in this State. [1975, c. 382, §3 (new).]

10. Environment. "Environment" includes water, air, land and all plants and man and other animals living therein, and the interrelationships which exist among these. [1975, c. 382, §3 (new).]

11. EPA. "EPA" means the United States Environmental Protection Agency. [1975, c. 382, §3 (new).]

12. FIFRA. "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act. [1975, c. 382, §3 (new).]

13. Fungi. "Fungi" means all nonchlorophyll-bearing thallophytes, that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts, as, for example, rusts, smuts, mildews, molds, yeasts and bacteria, except those on or in living man or other living animals, and except those in or on processed food, beverages or pharmaceuticals. [1975, c. 382, §3 (new).]

14. Highly toxic pesticide. "Highly toxic pesticide" means any pesticide determined to be a highly toxic pesticide under the authority of Section 25(c)(2) of FIFRA or by the board under section 610, subsection 1, paragraph B. [1989, c. 878, Pt. E, §2 (amd).]

15. Imminent hazard. "Imminent hazard" means a situation which exists when the continued use of a pesticide during the time required for cancellation proceedings pursuant to section 609 would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the United States Secretary of the Interior under United States Public Law 91-135. [1975, c. 382, §3 (new).]

16. Inert ingredient. "Inert ingredient" means an ingredient which is not an active ingredient. [1975, c. 382, §3 (new).]

17. Ingredient statement. "Ingredient statement" means statement of the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide, and when the pesticide contains arsenic in any form, the ingredient statement shall also include percentages of total and water soluble arsenic, each calculated as elemental arsenic. [1975, c. 382, §3 (new).]

18. Insect. "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising 6-legged, usually winged forms, as for example, beetles, bugs, bees, flies and to other allied classes or arthropods whose members are wingless and usually have more than 6 legs, as for example, spiders, mites, ticks, centipedes and wood lice. [1975, c. 382, §3 (new).]

19. Label. "Label" means the written, printed or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers. [1975, c. 382, §3 (new).]

20. Labeling. "Labeling" means the label and all other written, printed or graphic matter accompanying the pesticide or device at any time, or to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of EPA; the United States Departments of Agriculture and Interior and United States Department of Health, Education and Welfare; state experiment stations; state agricultural colleges and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides. [1975, c. 382, § 3 (new).]

21. Land. "Land" means all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivances and machinery appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation. [1975, c. 382, §3 (new).]

22. Nematode. "Nematode" means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated fusiform or sac-like bodies covered with cuticle, and inhabiting soil, water, plants or plant parts; may also be called nemas or eelworms. [1975, c. 382, §3 (new).]

23. Person. "Person" means any individual, partnership, association, fiduciary, corporation or any organized group of persons whether incorporated or not. [1975, c. 382, §3 (new).]

24. Pest. "Pest" means any insects, rodents, nematodes, fungi, weeds, and other forms of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism, except viruses, bacteria or other microorganisms on or in living man or other living animals, which the commissioner declares to be a pest under section 610, subsection 1, paragraph A. [1975, c. 382, §3 (new).]

25. Pesticide. "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pests, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. This definition also includes "highly toxic pesticide." [1975, c. 382, §3 (new).]

26. Plant regulator. "Plant regulator" means any substance or mixture of substances, intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants and soil amendments. [1975, c. 382, §3 (new).]

27. Protect health and the environment. "Protect health and the environment" means protection against any unreasonable adverse effects on the environment. [1975, c. 382, §3 (new).]

28. Registrant. "Registrant" means a person who has registered any pesticide pursuant to the provisions of this subchapter. [1975, c. 382, §3 (new).]

29. Registration. "Registration" also means reregistration. [1975, c. 382, §3 (new).]

30. Restricted use pesticide. "Restricted use pesticide" means any pesticide or pesticide use classified for restricted use by the Administrator, EPA. [1975, c. 382, §3 (new).]

31. Rodent. "Rodent" means any member of the animal group of the order rodentia including but not limited to rats, mice, gophers, porcupines and squirrels. [1975, c. 382, §3 (new).]

32. Unreasonable adverse effects on the environment. "Unreasonable adverse effects on the environment" means any unreasonable risk to man or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide. [1975, c. 382, §3 (new).]

33. Weed. "Weed" means any plant which grows where not wanted. [1975, c. 382, §3 (new).]

34. Wildlife. "Wildlife" means all living things that are neither human, domesticated nor, as defined in this subchapter, pests, including but not limited to mammals, birds and aquatic life. [1975, c. 382, §3 (new).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1979,
Ch. 731,
§19 (AMD).
PL 1989,
Ch. 878,
§E2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §605. Misbranded

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§605. Misbranded

The term "misbranded" applies: [1975, c. 382, § 3 (new)]

1. False, misleading or inconspicuous labeling. To any pesticide subject to this subchapter:

A. If its labeling bears any statement, design or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; [1975, c. 382, § 3 (new).]

B. If it is an imitation of or is distributed under the name of another pesticide; [1975, c. 382, § 3 (new).]

C. If any word, statement or other information required to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or graphic matter in the labeling and in such terms, as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. [1975, c. 382, § 3 (new).]

[1975, c. 382, § 3 (new).]

2. Lack of certain information. To any pesticide:

A. If the labeling does not contain a statement of the use classification under which the product is registered; [1975, c. 382, § 3 (new).]

B. If the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended and, if complied with, together with any requirements imposed under Section 3(d) of FIFRA, are adequate to protect health and the environment; [1975, c. 382, § 3 (new).]

C. If the label does not bear:

(1) Name, brand or trademark under which the pesticide is distributed;

(2) An ingredient statement on that part of the immediate container, and on the outside container and wrapper of the retail package, if there be one, through which the ingredient statement on the immediate container cannot be clearly read, which is presented or displayed under customary conditions of purchase; provided that the ingredient statement may appear prominently on another part of the container as permitted pursuant to Section 2(q)(2)(A) of FIFRA if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;

(3) A warning or caution statement which may be necessary and which, if complied with together with any requirements imposed under Section 3(d) of FIFRA, would be adequate to protect the health and environment;

(4) The net weight or measure of the content;

(5) The name and address of the manufacturer, registrant or person for whom manufactured; and

(6) The EPA registration number assigned to each establishment in which it was produced and the EPA registration number assigned to the pesticide, if required by regulations under FIFRA.
[1975, c. 382, § 3 (new).]

D. If that pesticide contains any substance or substances in quantities highly toxic to man unless the label bears, in addition to other label requirements:

(1) The skull and crossbones;

(2) The word "POISON" in red prominently displayed on a background of distinctly contrasting color; and

(3) A statement of a practical treatment, including first aid or otherwise, in case of poisoning by the pesticide.
[1975, c. 382, § 3 (new).]

E. If the pesticide container does not bear a registered label or if the label does not contain all the information required by this subchapter or the regulations adopted under this subchapter. [1975, c. 382, § 3 (new).]

[1975, c. 382, § 3 (new).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §606. Prohibited acts

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§606. Prohibited acts

1. Unlawful distribution. It is unlawful for any person to distribute in the State any of the following:

A. Any pesticide which has not been registered pursuant to the provisions of this subchapter. [1975, c. 382, §3 (new).]

B. Any pesticide if any of the claims made for it or any of the directions for its use or other labeling differs from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration; provided that a change in the labeling or formulation of a pesticide may be made within a registration period without requiring reregistration of the product, if the registration is amended to reflect such change and if such change will not violate any provision of FIFRA or this subchapter; [1975, c. 382, §3 (new).]

C. Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to such container, and to the outside container or wrapper of the retail package, if there is one through which the required information on the immediate container cannot be clearly read, a label bearing the information required in this subchapter and the regulations adopted under this subchapter; [1975, c. 382, §3 (new).]

D. Any pesticide which has not been colored or discolored pursuant to the provision of section 610, subsection 1, paragraph D; [1975, c. 382, §3 (new).]

E. Any pesticide which is adulterated or misbranded or any device which is misbranded; [1975, c. 382, §3 (new).]

F. Any pesticide in containers which are unsafe due to damage. [1975, c. 382, §3 (new).]

[1975, c. 382, §3 (new).]

2. Unlawful alteration, misuse, divulging of formulae, transportation, disposal and noncompliance. It shall be unlawful:

A. For any person to detach, alter, deface or destroy, wholly or in part, any label or labeling provided for in this subchapter or regulations adopted under this subchapter, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this subchapter or the regulations adopted thereunder; [1975, c. 382, §3 (new).]

B. For any person to use or cause to be used any pesticide in a manner inconsistent with its labeling or to regulations of the board, if those regulations further restrict the uses provided on the labeling; [1989, c. 878, Pt. E, §3 (amd).]

C. For any person to use for that person's own advantage or to reveal, other than to the board or proper officials or employees of the state or federal executive agencies, or to the courts of this State or of the United States in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of section 607 or any information judged by the board as containing or relating to trade secrets or commercial or financial information obtained by authority of this subchapter and marked as privileged or confidential by the registrant; [1989, c. 878, Pt. E, §3 (amd).]

D. For any person to handle, transport, store, display or distribute pesticides in such a manner as to endanger man and his environment or to endanger food, feed or any other products that may be transported, stored, displayed or distributed with such pesticides; [1975, c. 382, §3 (new).]

E. For any person to dispose of, discard or store any pesticides or pesticide containers in such a manner as may cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or pollute any water supply or waterway; [1975, c. 382, §3 (new).]

F. For any person to refuse or otherwise fail to comply with the provisions of this subchapter, the regulations adopted hereunder, or of any lawful order of the board; or [1989, c. 878, Pt. E, §4 (amd).]

G. For any person to apply pesticides in a manner inconsistent with rules for pesticide application adopted by the board, which rules are designed to minimize pesticide drift to the maximum extent practicable under currently available technology. Without limitation, these rules may prescribe procedures to be used for the application of pesticides, including the time, place, manner and method of that application, may restrict or prohibit use of pesticides in designated areas or during specified periods of time and may prescribe tolerance levels for pesticide residues in off-target areas. The board shall propose the rules by June 15, 1985. [1985, c. 506, Pt. A, §6 (rpr).]

[1989, c. 878, Pt. E, §§3, 4 (amd).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1983,
Ch. 558,
§1,2 (AMD).
PL 1983,
Ch. 761,
§1,2 (AMD).
PL 1985,
Ch. 506,
§A6 (AMD).
PL 1989,
Ch. 878,
§E3,4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §607-A. Review or reregistration

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§607-A. Review or reregistration

1. Review required. The board shall review all chemical pesticides used in this State in accordance with the requirements of this section. This review must be completed for presently registered pesticides on a schedule to be determined by the board, with restricted use pesticides and the most widely used pesticides receiving priority, and within 3 years for pesticides registered after September 23, 1983. [RR 1997, c. 2, §26 (cor).]

2. Review process. In cooperation with technical personnel of the Department of Environmental Protection; the Department of Inland Fisheries and Wildlife; the Department of Health and Human Services; and the Department of Conservation, specifically the Maine Forest Service, the board shall conduct a review to include the following:

A. An environmental risk assessment to determine the effects of pesticides on the ecosystem. This assessment is to be based on available literature. The board shall request data that it determines necessary to carry out the purpose of this chapter, but, when the literature is not available, is inadequate or incomplete, this assessment shall be based on an environmental monitoring protocol; [1989, c. 878, Pt. E, §6 (amd).]

B. A health risk assessment, based on a literature search of laboratory, clinical and epidemiological data available within and without the State. The board shall request data it determines necessary to carry out the purpose of this chapter; and [1989, c. 878, Pt. E, §6 (amd).]

C. A water residue survey to determine a representative sample of a number of wells or bodies of water, either at random, in areas of possible contamination or at other bases to be described by the board, for the purpose of testing these waters and preparing a profile of the kinds and amounts of pesticides present. [1989, c. 878, Pt. E, §6 (amd).]

[1989, c. 878, Pt. E, §6 (amd); 2003, c. 689, Pt. B, §6 (rev).]

3. Effect of review on reregistration. If the reviews in this section demonstrate that the impact of the pesticide on the ecosystem warrants additional health or environmental safeguards, the board shall require implementation of those safeguards prior to reregistration. [1989, c. 878, Pt. E, §6 (amd).]

Section History:
PL 1983,
Ch. 558,
§3 (NEW).
PL 1989,
Ch. 878,
§E6 (AMD).
RR 1997,
Ch. 2,
§26 (COR).
PL 2003,
Ch. 689,
§B6 (REV).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §607. Registration

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§607. Registration

1. Conditions requiring registration. Every pesticide which is distributed in this State shall be registered with the board subject to the provisions of this subchapter. Such registration shall be renewed annually prior to January 1, provided that registration is not required if a pesticide is shipped from one plant or warehouse to another plant or warehouse operated by the same person and used solely at such plant or warehouse as a constituent part to make a pesticide which is registered under the provisions of this subchapter, or if the pesticide is distributed under the provisions of an experimental use permit issued under section 608 or an experimental use permit issued by EPA. [1989, c. 878, Pt. E, §5 (amd).]

2. Contents of statement made by applicant. The applicant for registration shall file a statement with the board which shall include:

A. The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than applicant's; [1975, c. 382, §3 (new).]

B. The name of the pesticide; [1975, c. 382, §3 (new).]

C. Other necessary information required for completion of the department's application for registration forms; and [1989, c. 878, Pt. E, §5 (amd).]

D. A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions for use and the use classification as provided for in FIFRA. [1975, c. 382, §3 (new).]

[1989, c. 878, Pt. E, §5 (new).]

3. Submission of formula. The board, when it deems it necessary in the administration of this subchapter, may require the submission of the complete formula of any pesticide, including the active and inert ingredients. [1989, c. 878, Pt. E, §5 (amd).]

4. Test results. The board may require a full description of the tests made and the results thereof on any pesticide not registered pursuant to the Federal Insecticide, Fungicide and Rodenticide Act, Section 3, or on any pesticide on which restrictions are being considered. In the case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the pesticide was registered or last reregistered. Notwithstanding Title 1, section 402, data submitted under this subsection and subsections 3 and 5 are confidential and shall not be available for public inspection. [1989, c. 878, Pt. E, §5 (amd).]

5. Power to require other information. The board may prescribe other necessary information by regulation adopted in a manner consistent with the Maine Administrative Procedure Act. [1989, c. 878, Pt. E, §5 (amd).]

6. Registration fee; validity. The applicant desiring to register a pesticide shall pay an annual registration fee of $105 beginning in calendar year 1994, $115 beginning in calendar year 2003 and $125 beginning in calendar year 2004 and thereafter for each pesticide registered for that applicant. Annual registration periods expire on December 31st of any one year or in a manner consistent with Title 5, section 10002, as to license expiration, whichever is later. [2003, c. 282, §1 (amd).]

7. Renewal of registration. Forms for reregistration shall be mailed to registrants at least 30 days prior to the due date. [1977, c. 694, §54 (amd).]

8. Approval of application for registration.

A. Provided the State is authorized by the Administrator of the United States Environmental Protection Agency to register pesticides pursuant to Sections 24(a) and 24(c) of FIFRA, the board shall consider the required information set forth under subsections 2, 3, 4 and 5 and shall, subject to the terms and conditions of the United States Environmental Protection Agency certification, register such pesticide if it determines that:

(1) Its composition is such as to warrant the proposed claims for it;

(2) Its labeling and other material required to be submitted comply with the requirements of this subchapter;

(3) It will perform its intended function without unreasonable adverse effects on the environment;

(4) When used in accordance with widespread and commonly recognized practice, it will not generally cause unreasonable adverse effects on the environment; and

(5) A need for the pesticide exists.

If, within 180 days from the date the completed application for registration is submitted, the Board of Pesticides Control fails to act upon an application for registration of a pesticide which has been certified by the United States Environmental Protection Agency the pesticide shall be deemed registered under this chapter, unless the Board of Pesticides Control issues a written statement containing the reasons for the failure to act upon the application. The statement of the Board of Pesticides Control shall be considered a refusal to register pursuant to section 609.
This paragraph does not apply if the registrant fails to provide any information required to be submitted under this chapter or does not provide other information requested by the Board of Pesticides Control in order to determine whether the pesticide should be registered.
The preceding paragraph does not affect the rights of the Board of Pesticides Control to make further inquiry regarding the registration of a pesticide or to refuse reregistration, suspend or revoke registration or otherwise restrict or condition the use of pesticides in order to protect public health and the environment. [1985, c. 592 (amd).]

B. Prior to registering a pesticide for a special local need, the board shall classify the uses of the pesticide for general or restricted use in conformity with Section 3(d) of FIFRA; provided, that the board shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where 2 pesticides meet the requirements of this paragraph, one should not be registered in preference to the other. [1989, c. 878, Pt. E, §5 (amd).]

C. The board may develop and promulgate such other requirements by regulation, adopted in a manner consistent with the Maine Administrative Procedure Act, as are necessary for the state plan to receive certification from EPA. [1989, c. 878, Pt. E, §5 (amd).]

[1989, c. 878, Pt. E, §5 (amd).]

9. Adverse environmental effects. If at any time after the registration of a pesticide, the registrant has additional factual information regarding unreasonable adverse effects on the environment of the pesticide, the registrant shall submit such information to the board. [1989, c. 878, Pt. E, §5 (amd).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1977,
Ch. 694,
§52-55 (AMD).
PL 1979,
Ch. 644,
§1 (AMD).
PL 1981,
Ch. 9,
§ (AMD).
PL 1983,
Ch. 568,
§1 (AMD).
PL 1985,
Ch. 592,
§ (AMD).
PL 1985,
Ch. 627,
§1 (AMD).
PL 1987,
Ch. 310,
§1 (AMD).
PL 1987,
Ch. 723,
§1 (AMD).
PL 1989,
Ch. 878,
§E5 (AMD).
PL 1993,
Ch. 410,
§S1 (AMD).
PL 2001,
Ch. 498,
§1 (AMD).
PL 2003,
Ch. 282,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §608. Experimental use permits

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§608. Experimental use permits

1. Board's powers. Provided the State is authorized by the Administrator of EPA to issue experimental use permits, the board may:

A. Issue an experimental use permit to any person applying for an experimental use permit, if it determines that the applicant needs such permit in order to accumulate information necessary to register a pesticide under section 607. An application for an experimental use permit may be filed at the time of or before or after an application for registration is filed; [1989, c. 878, Pt. E, §7 (amd).]

B. Prescribe terms, conditions and period of time for the experimental use permit, which shall be under the supervision of the board; and [1989, c. 878, Pt. E, §7 (amd).]

C. Modify any experimental use permit in a manner consistent with the Maine Administrative Procedure Act as to adjudicatory proceedings, if the board finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment. These permits may be revoked by the District Court if the terms or conditions are being violated or are inadequate to avoid unreasonable adverse effects on the environment. [1989, c. 878, Pt. E, §7 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

[1989, c. 878, Pt. E, §7 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

2. Development and promulgation of other requirements. The board may develop and promulgate such other requirements by regulation, adopted in a manner consistent with the Maine Administrative Procedure Act, as are necessary for the state plan to receive such authorization from EPA. [1989, c. 878, Pt. E, §7 (amd).]

3. Limitation or prohibition of experimental use pesticides. The board may, by regulation adopted in a manner consistent with the Maine Administrative Procedure Act, limit or prohibit the use of any pesticide for which an experimental use permit has been issued by EPA pursuant to Section 5(a) of FIFRA, and which the board finds may cause unreasonable adverse effects on the environment. [1989, c. 878, Pt. E, §7 (amd).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1977,
Ch. 694,
§56-58 (AMD).
PL 1989,
Ch. 878,
§E7 (AMD).
PL 1999,
Ch. 547,
§B78 (AMD).
PL 1999,
Ch. 547,
§B80 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §609. Refusal to register, cancellation, suspension, legal recourse

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§609. Refusal to register, cancellation, suspension, legal recourse

1. Procedure. Provided the State is certified by the Administrator of EPA to register pesticides formulated to meet special local needs, the board shall consider the following for refusal to register; for cancellation; for suspension; or for legal recourse for such pesticides. This registration, cancellation and suspension shall be considered rule-making as that term is defined in the Maine Administrative Procedure Act and notice shall be provided in a manner consistent with the Maine Administrative Procedure Act.

A. If it does not appear to the board that the pesticide is such as to warrant the proposed claims for it or if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of this subchapter or regulations adopted thereunder, the board shall notify the applicant of the manner in which the pesticide, labeling or other material required to be submitted fails to comply with the provisions of this subchapter so as to afford the applicant an opportunity to make the necessary corrections and shall notify, in a manner consistent with the Maine Administrative Procedure Act, the applicant of the opportunity for hearing prior to refusal to register. [1989, c. 878, Pt. E, §8 (amd).]

B. When the board determines that a pesticide or its labeling does not comply with the provisions of this subchapter or the regulations adopted thereunder, the board may cancel the registration of a pesticide or change its classification, after notice and opportunity for hearing has been provided in a manner consistent with the rule-making provisions of the Maine Administrative Procedure Act. [1989, c. 878, Pt. E, §8 (amd).]

C. When the board determines that there is an imminent hazard, it may, on its own motion, suspend the registration of a pesticide in a manner consistent with the Maine Administrative Procedure Act, Title 5, section 8054, as to emergency rule-making pending decisions reached after notice and opportunity for a hearing. Hearings shall be held with the utmost possible expedition. [1989, c. 878, Pt. E, §8 (amd).]

D. When the board becomes cognizant of any possible hazard or violation involving either a registered or unregistered product, it shall cause notice of such fact, stating the date, hour and place of hearing, with a copy of the findings or charge to be preferred, to be delivered by registered mail, return receipt requested, to the person concerned, who shall be given an opportunity to be heard under such rules and regulations as may be prescribed by the board. [1989, c. 878, Pt. E, §8 (amd).]

E. Any person who will be adversely affected by such order in this section may obtain judicial review thereof by filing in the District Court, within 60 days after the entry of such order, a petition praying that the order be set aside in whole or in part. A copy of the petition shall be forthwith transmitted by the clerk of the court to the board and thereupon the board shall file in the court the record of the proceedings on which it based its order. The court shall have jurisdiction to affirm or set aside the order complained of in whole or in part. The findings of the board with respect to questions of fact shall be sustained, if supported by substantial evidence when considered on the record as a whole. Upon application, the court may remand the matter to the board to take further testimony, if there are reasonable grounds for the failure to adduce such evidence in the prior hearing. The board may modify its findings and order by reason of the additional evidence so taken and shall file the additional record and any modification of the findings or order with the clerk of the court. [1989, c. 878, Pt. E, §8 (amd).]

[1989, c. 878, Pt. E, §8 (amd).]

2. Federally registered pesticides. If the board determines that any federally registered pesticide, with respect to the use of such pesticide within this State, does not warrant the claims for it, or might cause unreasonable adverse effects on the environment, the board may refuse to register the pesticide as required in section 607, or if the pesticide is registered under section 607, the registration may be cancelled or suspended as provided in subsection 1. If the board believes the pesticide does not comply with the provisions of FIFRA or the regulations adopted thereunder, it shall advise EPA of the manner in which the pesticide, labeling or other material required to be submitted fails to comply with the provisions of FIFRA, and suggest necessary corrections. [1989, c. 878, Pt. E, §8 (amd).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1977,
Ch. 694,
§59-61 (AMD).
PL 1989,
Ch. 878,
§E8 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §610. Determinations; rules and regulations; restricted use pesticides; uniformity

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§610. Determinations; rules and regulations; restricted use pesticides; uniformity

1. Determinations. The board is authorized, after due notice and an opportunity for a hearing in a manner consistent with the rule-making provisions of the Maine Administrative Procedure Act:

A. To declare as a pest any form of plant or animal life, except virus, bacteria or other microorganisms on or in living man or other living animals, which is injurious to health or the environment; [1975, c. 382, §3 (new).]

B. To determine whether pesticides registered under the authority of Section 24(c) of FIFRA are highly toxic to man. The definition of highly toxic, as defined in Title 40, Code of Federal Regulations 162.8 as issued or hereafter amended, shall govern the board's determination; [1989, c. 878, Pt. E, §9 (amd).]

C. To determine pesticides and quantities of substances contained in pesticides, which are injurious to the environment, the board shall be guided by EPA regulations in this determination; and [1989, c. 878, Pt. E, §9 (amd).]

D. To prescribe regulations requiring any pesticide to be colored or discolored, if it determines that such requirement is feasible and is necessary for the protection of health and the environment. [1989, c. 878, Pt. E, §9 (amd).]

[1989, c. 878, Pt. E, §9 (amd).]

2. Rule-making powers. The board is authorized, after due notice and a public hearing, in a manner consistent with the Maine Administrative Procedure Act, to make appropriate regulations for carrying out the provisions of this subchapter, including but not limited to regulations providing for:

A. The collection, examination and reporting of samples of pesticides or devices; [1975, c. 382, §3 (new).]

B. The safe handling, transportation, storage, display, distribution and disposal of pesticides and their containers; [1975, c. 382, §3 (new).]

C. Labeling requirements of all pesticides required to be registered under provisions of this subchapter, provided that such regulations shall not impose any requirements for federally registered labels in addition to or different from those required pursuant to FIFRA; and [1989, c. 878, Pt. E, §9 (amd).]

D. Specifying classes of devices which shall be subject to the provisions of section 605, subsection 1. [1975, c. 382, §3 (new).]

[1989, c. 878, Pt. E, §9 (amd).]

3. Uniformity of requirements; restricted uses. For the purpose of uniformity of requirements between the states and the Federal Government, the board may, after a public hearing, adopt regulations in conformity with the primary pesticide standards, particularly as to labeling, registration requirements and criteria for classifying pesticides for restricted use as established by EPA or other federal or state agencies. [1989, c. 878, Pt. E, §9 (amd).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1977,
Ch. 694,
§62,63 (AMD).
PL 1989,
Ch. 878,
§E9 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §611. Enforcement

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§611. Enforcement

1. Board powers. Notwithstanding any other provisions of law, the sampling and examination of pesticides or devices shall be made under the direction of the board for the purpose of determining whether they comply with the requirements of this subchapter. The board is authorized, upon presentation of proper identification, to enter any distributor's premises, including any vehicle of transport, at all reasonable times in order to have access to labeled pesticides or devices packaged for distribution, and to open any case, package or other container, and may upon tendering the market price take samples for analysis. If it appears from such examination that a pesticide or device fails to comply with the provisions of this subchapter or regulations adopted thereunder, and the board contemplates instituting criminal proceedings against any person, the board shall cause appropriate notice to be given to such person in a manner consistent with the Maine Administrative Procedure Act. Any person so notified shall be given an opportunity for a hearing in a manner consistent with the Maine Administrative Procedure Act as to adjudicatory proceedings. If thereafter in the opinion of the board it appears that the provisions of this subchapter or regulations adopted thereunder have been violated by such person, the board shall refer a copy of the results of the analysis or the examination of such pesticide or device to the attorney for the district in which the violation occurred. [1989, c. 878, Pt. E, §10 (amd).]

2. Minor violations. Nothing in this subchapter shall be construed as requiring the board to report minor violations of this subchapter for prosecution or for the institution of condemnation proceedings when the board believes that the public interest will be served best by a suitable notice of warning in writing. [1989, c. 878, Pt. E, §10 (amd).]

3. Repeated violations. The board shall record all violations of this chapter and Title 22, chapter 258-A, including the name of the owner of the land on which the pesticides were intended to be applied, the name of the licensed pesticides applicator and the name of the person who contracted the pesticide application services. The board shall identify persons who repeatedly violate provisions relating to pesticide use and recommend to the Attorney General methods to prevent these repeated violations. [1989, c. 878, Pt. E, §10 (amd).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1977,
Ch. 694,
§64 (AMD).
PL 1983,
Ch. 558,
§4 (AMD).
PL 1989,
Ch. 878,
§E10 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §612. "Stop sale, use or removal" order

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§612. "Stop sale, use or removal" order

When the board has reasonable cause to believe a pesticide or device is being distributed, stored, transported or used in violation of any of the provisions of this subchapter or of any of the prescribed regulations under this subchapter, it may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of any such pesticide or device. If the owner or custodian is not available for service of the order, the board may attach the order to the pesticide or device and notify the owner or custodian and the registrant. The pesticide or device shall not be sold, used or removed until the provisions of this subchapter have been complied with and the pesticide or device has been released in writing under conditions specified by the board or the violation has been otherwise disposed of as provided in this subchapter by a court of competent jurisdiction. The issuance of such an order shall not be considered licensing or an adjudicatory proceeding as defined by the Maine Administrative Procedure Act. [1989, c. 878, Pt. E, §11 (amd).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1977,
Ch. 694,
§65 (AMD).
PL 1989,
Ch. 878,
§E11 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §613. Judicial action after "stop sale, use or removal" order

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§613. Judicial action after "stop sale, use or removal" order

1. Adjudication; court powers. After service of a "stop sale, use or removal" order is made upon any person, either that person, the registrant or the board may file an action in a court of competent jurisdiction in the district in which a violation of this subchapter or regulations adopted thereunder is alleged to have occurred for an adjudication of the alleged violation. The court in such action may issue temporary or permanent injunctions, mandatory or restraining, and such intermediate orders as it deems necessary or advisable. The court may order condemnation of any pesticide or device which does not meet the requirements of this subchapter or regulations adopted thereunder. [1989, c. 878, Pt. E, §12 (amd).]

2. Disposition of condemned pesticide. If the pesticide or device is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court directs, and if such pesticide or device is sold, the proceeds, less costs including legal costs, shall be paid to the Treasurer of State as provided in section 621, provided that the pesticide or device shall not be sold contrary to the provisions of this subchapter or regulations adopted thereunder. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be delivered to the owner thereof for relabeling, reprocessing or otherwise bringing the product into compliance. [1975, c. 382, §3 (new).]

3. Award of court costs and fees. When a decree of condemnation is entered against the pesticide or device, court costs, fees, storage and other proper expenses shall be awarded against the person, if any, appearing as claimant of the pesticide. [1975, c. 382, §3 (new).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1989,
Ch. 878,
§E12 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §614. Denial, suspension, revocation of license

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§614. Denial, suspension, revocation of license

Upon notice and opportunity for a hearing as provided in sections 608 and 609, the board is authorized to deny, or refuse to renew, any license, registration or permit provided for in this subchapter, subject to a hearing in any case in which the board finds there has been a failure or refusal to comply with the provisions of this subchapter or regulations adopted thereunder. When it finds any failure or refusal to comply, the board is further authorized to cancel or suspend registration of a pesticide, as provided in section 609, or to file a complaint for suspension or revocation of any other permit or license with the District Court. [1989, c. 878, Pt. E, §13 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1977,
Ch. 694,
§66 (AMD).
PL 1989,
Ch. 878,
§E13 (AMD).
PL 1999,
Ch. 547,
§B78 (AMD).
PL 1999,
Ch. 547,
§B80 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §615. Subpoenas

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§615. Subpoenas

The board may issue subpoenas to compel the attendance of witnesses and the production of books, documents and records in the State in any hearing affecting the authority or privilege granted by a license, registration or permit issued under the provisions of this subchapter. [1989, c. 878, Pt. E, §14 (amd).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1989,
Ch. 878,
§E14 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §616-A. Penalties

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§616-A. Penalties

1. Informal hearing. When the staff proposes that the board take action on a possible violation, the board shall notify the alleged violator before discussing the alleged violation. The alleged violator may choose to address the board and may also choose to be represented by legal counsel. This requirement does not constitute and is not subject to the same procedures as an adjudicatory hearing, as defined under the Maine Administrative Procedure Act. [1989, c. 841, §3 (new).]

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 $1,500 may be adjudged.

(2) A person who violates this paragraph after having previously violated this paragraph within the previous 4-year period commits a civil violation for which a fine of not more than $4,000 may be adjudged.
[2003, c. 452, Pt. B, §6 (rpr); Pt. X, §2 (aff).]

B. A private applicator, as defined in Title 22, section 1471-C, may not violate a rule regarding records maintained pursuant to section 606, subsection 2, paragraph G; Title 22, section 1471-Q; or a rule adopted pursuant to Title 22, section 1471-Q. 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 $500 may be adjudged.

(2) A person who violates this paragraph after having previously violated this paragraph within the previous 4-year period commits a civil violation for which a fine of not more than $1,000 may be adjudged.
[2003, c. 452, Pt. B, §6 (rpr); Pt. X, §2 (aff).]

[2003, c. 452, Pt. B, §6 (rpr); Pt. X, §2 (aff).]

2-A. Criminal violation. A person may not intentionally or knowingly violate this subchapter or Title 22, chapter 258-A, a rule adopted under this subchapter or Title 22, chapter 258-A or a restriction of a registration issued pursuant to this subchapter. A person who violates this subsection commits a Class E crime. Notwithstanding Title 17-A, sections 1252 and 1301, the court may impose a sentencing alternative of a fine of not more than $7,500 or a term of imprisonment of not more than 30 days, or both, for each violation. Prosecution under this subsection is by summons and not by warrant. A prosecution under this subsection is separate from an action brought pursuant to subsection 2. [2003, c. 452, Pt. B, §7 (new); Pt. X, §2 (aff).]

3. Continuation. Each day that the violation continues is considered a separate offense. [1989, c. 841, §3 (new).]

4. Exceptions. [2003, c. 452, Pt. B, §8 (rp); Pt. X, §2 (aff).]

5. Criminal violations. [2003, c. 452, Pt. B, §8 (rp); Pt. X, §2 (aff).]

6. Other relief. Notwithstanding Title 22, section 1471-D, subsections 6 to 8 and in addition to other sanctions provided under this section, the court may order that a violator obtain recertification credits through board-approved meetings or courses as a condition of retaining, maintaining or renewing a certification or license required under Title 22, chapter 258-A. [1989, c. 841, §3 (new).]

7. Considerations. In setting a penalty under this section, the court shall consider, without limitation:

A. Prior violations by the same party; [1989, c. 841, §3 (new).]

B. The degree of harm to the public and the environment; [1989, c. 841, §3 (new).]

C. The degree of environmental damage that has not been abated or corrected; [1989, c. 841, §3 (new).]

D. The extent to which the violation continued following the board's notice to the violator; [1989, c. 841, §3 (new).]

E. The importance of deterring the same person or others from future violations; and [1989, c. 841, §3 (new).]

F. The cause and circumstances of the violation, including:

(1) The foreseeability of the violation;

(2) The standard of care exercised by the violator; and

(3) Whether or not the violator reported the incident to the board.
[1989, c. 841, §3 (new).]

[1989, c. 841, §3 (new).]

8. Injunction. The board may bring an action to enjoin the violation or threatened violation of any provision of this subchapter or any rule made pursuant to this subchapter in a court of competent jurisdiction of the district in which the violation occurs or is about to occur. [1989, c. 841, §3 (new).]

9. No damages from administrative action if probable cause exists. A court may not allow the recovery of damages from administrative action taken, or for a stop sale, use or removal order, if the court finds that there was probable cause for the administrative action. [1989, c. 841, §3 (new).]

10. Sunset. [1991, c. 829, §1 (rp).]

Section History:
PL 1989,
Ch. 841,
§3 (NEW).
PL 1991,
Ch. 829,
§1 (AMD).
PL 2003,
Ch. 452,
§B6-8 (AMD).
PL 2003,
Ch. 452,
§X2 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §616. Penalties (CONFLICT)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§616. Penalties (CONFLICT)
p align="center">(CONFLICT: Entire text repealed by PL 1989, c. 841, §2)

2. (CONFLICT: Text as amended by PL 1989, c. 878, Pt. E, §15) Injunction. The board may bring an action to enjoin the violation or threatened violation of any provision of this subchapter or any regulation made pursuant to this subchapter in a court of competent jurisdiction of the district in which such violation occurs or is about to occur. [1989, c. 878, Pt. E, §15 (amd).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1977,
Ch. 696,
§65 (AMD).
PL 1989,
Ch. 841,
§2 (RP ).
PL 1989,
Ch. 878,
§E15 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §617. Exemptions

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§617. Exemptions

1. Exemptions from penalties. The penalties provided for violations of section 606, subsection 1, paragraphs A, B, C, D and E shall not apply to:

A. Any carrier while lawfully engaged in transporting a pesticide within this State, if such carrier shall, upon request, permit the board to copy all records showing the transactions in and movement of the pesticides or devices; [1989, c. 878, Pt. E, §16 (amd).]

B. Public officials of this State and the Federal Government while engaged in the performance of their official duties in administering state or federal pesticide laws or regulations; [1975, c. 382, §3 (new).]

C. The manufacturer, shipper or other distributor of a pesticide for experimental use only, provided that such person holds or is covered by a valid experimental use permit as provided for by section 608 or issued by EPA, and provided further that such permit covers the conduct in question; [1975, c. 382, §3 (new).]

D. Any person who ships a substance or mixture of substances being put through tests in which the purpose is only to determine its value for pesticide purposes or to determine its toxicity or other properties and from which the user does not expect to receive any benefit in pest control from its use. [1975, c. 382, §3 (new).]

[1989, c. 878, Pt. E, §16 (amd).]

2. Exemption for pesticides for export. No pesticide or device shall be deemed in violation of this subchapter when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of this subchapter shall apply. [1975, c. 382, §3 (new).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1989,
Ch. 878,
§E16 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §618. Publication of information

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§618. Publication of information

The board may publish at least annually and in such form as it may deem proper, results of analyses based on official samples as compared with the analyses guaranteed and information concerning the distribution of pesticides, provided that individual distribution information shall not be a public record. [1989, c. 878, Pt. E, §17 (amd).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1989,
Ch. 878,
§E17 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §619. Delegation of duties

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§619. Delegation of duties

All authority vested in the board by virtue of the provisions of this subchapter may, with like force and effort, be executed by such employees of the board as the board may from time to time designate for said purpose. [1989, c. 878, Pt. E, §18 (amd).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1989,
Ch. 878,
§E18 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §620. Cooperation

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§620. Cooperation

The board may cooperate, receive grants-in-aid and enter into cooperative agreements with any agency of the Federal Government, of this State or its subdivisions, or with any agency of another state, in order, but not limited, to: [1989, c. 878, Pt. E, §19 (amd).]

1. Uniformity. Secure uniformity of regulations; [1975, c. 382, §3 (new).]

2. Cooperative agreements with EPA. Prepare and submit state plans and enter into cooperative agreements with EPA to register pesticides under the authority of this subchapter and FIFRA; [1975, c. 382, §3 (new).]

3. Use of state and federal facilities. Cooperate in the enforcement of the federal pesticide control laws through the use of state or federal personnel, or both, and facilities and to implement cooperative enforcement programs including, but not limited to, the registration and inspection of establishments; [1975, c. 382, §3 (new).]

4. Contracts for monitoring pesticides. Enter into contracts for monitoring pesticides for the national plan; and [1975, c. 382, §3 (new).]

5. Preparation of state plans. Prepare and submit state plans to meet federal certification standards for issuing experimental use permits. [1975, c. 382, §3 (new).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1989,
Ch. 878,
§E19 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §621. Disposition of funds

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§621. Disposition of funds

All money received by the board under the provisions of this subchapter must be deposited in the State Treasury to the credit of a special fund to be used for carrying out the provisions of this subchapter and Title 22, chapter 258-A, Board of Pesticides Control and for such other expenses related to insect and pest management as provided by law. Positions that are allocated to the fund but that do not perform functions specifically assigned to the board in this subchapter and Title 22, chapter 258-A remain under supervision and management of the Department of Agriculture, Food and Rural Resources. [1993, c. 410, Pt. S, §2 (amd).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1979,
Ch. 644,
§2,8 (AMD).
PL 1989,
Ch. 878,
§E20 (AMD).
PL 1993,
Ch. 410,
§S2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §622. Separability

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§622. Separability

If any provision of this subchapter is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this subchapter and applicability thereof to other persons and circumstances shall not be affected thereby. [1975, c. 382, § 3 (new).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §623. Prior liability

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§623. Prior liability

The enactment of this subchapter shall not have the effect of terminating or in any way modifying any liability, civil or criminal, which shall already be in existence on October 1, 1975. [1977, c. 78, § 25 (amd).]

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1977,
Ch. 78,
§25 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §624. Repealers

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§624. Repealers

Jurisdiction in all matters pertaining to the registration, distribution and disposal of pesticides and devices is by this subchapter vested exclusively in the board. [1989, c. 878, Pt. E, §21 (amd).] p align="center">Revisor's Note: See 1975, c. 382, §4 for effective date.

Section History:
PL 1975,
Ch. 382,
§3 (NEW).
PL 1975,
Ch. 623,
§5-A (AMD).
PL 1989,
Ch. 878,
§E21 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §625. Right-of-way spraying; no-spray agreements

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 2-A: MAINE PESTICIDE CONTROL ACT OF 1975 (HEADING: PL 1975, c. 382, @3 (new))

§625. Right-of-way spraying; no-spray agreements

Any public utility or the Department of Transportation, which maintains a right-of-way through a municipality shall offer a no-spray agreement, with reasonable provisions, for the municipality to consider if it desires. Any agreement negotiated may include, but is not limited to, the responsibilities of the parties, the allocation of costs and the rights and remedies of the parties in the event of default and may apply to all or any part of the right-of-way within the municipality. Any agreement reached under this section must be negotiated in good faith, written and signed by all parties. As part of the no-spray agreement, the municipality may either perform the vegetation control work to standards as provided in the agreement, or else contract with the public utility or the Department of Transportation to conduct the work. [1987, c. 702, §1 (new).] div>
If a reasonable no-spray agreement is offered to a municipality and an agreement is not reached within 90 days after the date of the offer, the public utility or the Department of Transportation at its own option may apply pesticides in the right-of-way under its jurisdiction or use other methods to control the vegetation. If the municipality agrees to perform vegetation control work, but does not perform it by the agreed-upon date, the public utility or the Department of Transportation, after 90 days written notice to the municipality, at its own option may apply pesticides in the right-of-way under its jurisdiction, or use other methods to control the vegetation. [1987, c. 702, §1 (new).] div>
It is the intent of this section to make available to municipalities an alternative to right-of-way maintenance procedures which use pesticides. This section does not affect municipal authority to enact ordinances nor the authority of public utilities or the Department of Transportation to maintain its right-of-way clear of unwanted vegetation in the absence of an agreement. [1987, c. 702, §1 (new).]

Section History:
PL 1987,
Ch. 702,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §631-A. Official standards

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 3: EGGS

§631-A. Official standards

The commissioner is authorized, after holding public hearing, to establish and promulgate, in a manner consistent with the rule-making procedures of the Maine Administrative Procedure Act, official definitions and standards and sizes for grading or classifying, packaging and labeling eggs and to change such official standards and sizes from time to time. [1977, c. 694, § 67 (amd).] div>
Such official standards and sizes shall not be lower in their requirements than the minimum requirements and the official standards and sizes for corresponding grades or classifications as promulgated from time to time by the Secretary of Agriculture of the United States, commonly known as U.S. Grades. [1973, c. 48, § 2 (new).]

Section History:
PL 1973,
Ch. 48,
§2 (NEW).
PL 1977,
Ch. 694,
§67 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §631. Definitions

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 3: EGGS

§631. Definitions

Terms used in sections 631 to 639 shall be construed as follows unless a different meaning is clearly apparent from the language or context:

1. Candling. "Candling" means the common practice of examining the interior of an egg by holding and twirling the same before a light passing through an aperture in an opaque shield.

1-A. Restricted egg. "Restricted egg" means any check, dirty egg, incubator reject, inedible, leaker or loss. [1973, c. 48, § 1 (new).]

2. Retail. "Retail" means selling direct to consumer.

3. Wholesale. "Wholesale" means selling to retailers.

Section History:
PL 1973,
Ch. 48,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §632. Labeling

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 3: EGGS

§632. Labeling

All eggs sold or offered for sale for human consumption by any person, partnership, association, firm or corporation shall be labeled with the grade and size designation as set forth in the Maine consumer grades, except as otherwise provided.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §633. Standards of quality

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 3: EGGS

§633. Standards of quality

The standards of quality for Maine consumer grades for shell eggs, Grade AA, Grade A and Grade B, that are or may be established by the commissioner, shall apply to all shell eggs sold or offered for sale. The final determination of the grades shall be made by candling. [1973, c. 48, § 3 (rpr).]

Section History:
PL 1973,
Ch. 48,
§3 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §634. Grades; advertising

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 3: EGGS

§634. Grades; advertising

The net weight and size requirements for Maine consumer grades for shell eggs shall be established by the commissioner. In the establishment of such grades, the commissioner shall consult an advisory committee of 5 appointed by him, 3 of whom shall be chosen from a list submitted by the Maine Poultry Improvement Association. [1979, c. 541, Pt. A, § 49 (amd).] div>
All advertising of such eggs shall include the correct size and grade designation in describing the eggs and the correct size and grade designation shall appear in clearly legible letters on the container in which such eggs are offered for sale. Each lot of eggs sold at wholesale shall be accompanied by an invoice stating both size and grade designation. div>
No signs, flyers, advertisements or false labels shall be used to sell or offer for sale or expose for sale any eggs which do not conform to the standards for quality and size for Maine consumer grades or established by the commissioner, or which do not conform to sections 631 to 639.

Section History:
PL 1973,
Ch. 48,
§4 (AMD).
PL 1979,
Ch. 541,
§A49 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §635. Descriptive labels

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 3: EGGS

§635. Descriptive labels

The terms "fresh eggs," "strictly fresh eggs," "hennery eggs," "new-laid eggs," "farm fresh eggs," "selected eggs," "quality certified eggs," "nearby eggs," "native eggs" or words or descriptions of similar import shall not be used on any eggs which do not meet the minimum requirements for Maine consumer Grade A.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §636. Exemptions

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 3: EGGS

§636. Exemptions

Producers selling eggs of their own producing direct to consumer are exempt from sections 631 to 639. "Restricted eggs" may be sold by any egg producer or packer on his own premises directly to household consumer for use by such consumer and members of his household and his nonpaying guests and employees. [1973, c. 48, § 5 (rpr).] div>
Any producer with less than 3,000 birds are exempt from the restricted egg clause only. All sales by a producer-shipper to other shippers are exempt except when they are marked as to grade or size. [1973, c. 48, § 5 (rpr).]

Section History:
PL 1973,
Ch. 48,
§5 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §637. Enforcement

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 3: EGGS

§637. Enforcement

The commissioner shall have authority to administer sections 631 to 639 and to adopt, in a manner consistent with the Maine Administrative Procedure Act, uniform rules and regulations for such administration. The commissioner may recover the forfeitures imposed for violations of section 631 to 639 in a civil action brought in his own name, the venue to be as in other civil actions, and if he prevails in that action, shall recover full costs. [1977, c. 696, § 66 (amd).]

Section History:
PL 1977,
Ch. 694,
§68 (AMD).
PL 1977,
Ch. 696,
§66 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §638. Disposal of forfeitures

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 3: EGGS

§638. Disposal of forfeitures

All forfeitures received under section 631 to 639 by county treasurers shall be paid by them to the commissioner. All money received by the commissioner under those sections shall be paid by him to the Treasurer of State for deposit in the General Fund. [1977, c. 696, § 67 (rpr).] div>
Revision Note: "section" should be 'sections'

Section History:
PL 1977,
Ch. 696,
§67 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §639. Violations

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 3: EGGS

§639. Violations

Any person, firm, partnership, association or corporation who shall violate any of the provisions of sections 631 to 639 or shall neglect or refuse to comply with the provisions thereof or any rule or regulation promulgated hereunder commits a civil violation for which the following forfeitures shall be adjudged: [1977, c. 696, § 68 (rpr).]

1. First violation. For the first violation, a forfeiture not to exceed $50; and [1977, c. 696, § 68 (new).]

2. Subsequent violation. For each subsequent violation, a forfeiture not to exceed $200. [1977, c. 696, § 68 (new).]

Section History:
PL 1977,
Ch. 696,
§68 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §640. Definitions

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 3: EGGS

§640. Definitions

As used in this Title, unless the context otherwise indicates, the following terms shall have the following meanings. [1979, c. 541, Pt. A, § 50 (amd).]

1. Processed eggs. "Processed eggs" shall be held to mean any shell eggs which in a way other than storage have been so treated as to keep them from natural deterioration.

2. Storage eggs. "Storage eggs" shall be held to mean any shell eggs that for a period of 30 days or over have been held in storage at a temperature of 45` Fahrenheit fresh prohibited. No person, firm or corporation, selling or exposing for sale any shell eggs which have been in storage or in any way processed, shall use the word "fresh" in any combination of words to describe the character or value of such eggs.

3. Word fresh prohibited. No person, firm or corporation, selling or exposing for sale any shell eggs which have been in storage or in any way processed, shall use the word "fresh" in any combination of words to describe the character or value of such eggs.

Section History:
PL 1979,
Ch. 541,
§A50 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §641. Marking of storaged or processed eggs

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 3: EGGS

§641. Marking of storaged or processed eggs

Any person, firm or corporation who exposes or offers for sale, either in any public place or elsewhere, any shell eggs which have been in storage or which in any way have been processed, shall conspicuously display upon the receptacle in which such shell eggs are offered for sale, or upon the package in which they are delivered to the purchaser, a notice containing the words "cold storage eggs" or "processed eggs" in accordance with the fact. In case any shell eggs which have been in storage or which have been processed are exposed for sale or offered for sale, in a manner which does not require a receptacle or package, the purchaser shall be informed definitely that such shell eggs are either cold storage or processed eggs, to the end that the purchaser may have knowledge of the facts with reference to the storage or processing of such eggs. p align="center">
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §642. Contents of invoice

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 3: EGGS

§642. Contents of invoice

Whenever any person, firm or corporation within this State ships or delivers to a purchaser within this State any shell eggs which have been in storage or processed, such person, firm or corporation shall deliver to the purchaser an invoice or bill showing thereon the character of such eggs. All containers of shell eggs deposited in cold storage shall be marked plainly with date of receipt and date of withdrawal by the officer, or his agents, in charge of the cold storage plant.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §643. Violations

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 3: EGGS

§643. Violations

A person, firm or corporation that violates any provision of sections 640 to 642 commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged. [2001, c. 421, Pt. B, §6 (amd); Pt. C, §1 (aff).]

Section History:
PL 1977,
Ch. 696,
§69 (RPR).
PL 2001,
Ch. 421,
§B6 (AMD).
PL 2001,
Ch. 421,
§C1 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §691. Title (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 4: FEEDS

§691. Title (REPEALED)

Section History:
PL 1971,
Ch. 77,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §692. Definitions (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 4: FEEDS

§692. Definitions (REPEALED)

Section History:
PL 1971,
Ch. 77,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §693. Registration (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 4: FEEDS

§693. Registration (REPEALED)

Section History:
PL 1971,
Ch. 77,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §694. Labeling (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 4: FEEDS

§694. Labeling (REPEALED)

Section History:
PL 1971,
Ch. 77,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §695. Adulteration (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 4: FEEDS

§695. Adulteration (REPEALED)

Section History:
PL 1971,
Ch. 77,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §696. Misbranding (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 4: FEEDS

§696. Misbranding (REPEALED)

Section History:
PL 1971,
Ch. 77,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §697. Inspection, sampling and analysis (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 4: FEEDS

§697. Inspection, sampling and analysis (REPEALED)

Section History:
PL 1971,
Ch. 77,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §698. Regulations, standards and definitions (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 4: FEEDS

§698. Regulations, standards and definitions (REPEALED)

Section History:
PL 1971,
Ch. 77,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §699. Detained commercial feeds (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 4: FEEDS

§699. Detained commercial feeds (REPEALED)

Section History:
PL 1971,
Ch. 77,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §700. Enforcement (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 4: FEEDS

§700. Enforcement (REPEALED)

Section History:
PL 1971,
Ch. 77,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §701. Penalties (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 4: FEEDS

§701. Penalties (REPEALED)

Section History:
PL 1971,
Ch. 77,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §711. Title

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 4-A: FEEDS (HEADING: PL 1971, c. 77, @1 (new))

§711. Title

This subchapter shall be known as the "Maine Commercial Feed Law of 1971." [1971, c. 77, § 1 (new).]

Section History:
PL 1971,
Ch. 77,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §712. Definitions

Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 103: PRODUCTS CONTROLLED
Subchapter 4-A: FEEDS (HEADING: PL 1971, c. 77, @1 (new))

§712. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings. [1979, c. 541, Pt. A, § 51 (amd).]

1. Brand. "Brand name" means any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a