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USA Statutes : maine
Title : Title 07. AGRICULTURE AND ANIMALS
Chapter : Chapter 604. MILK TAX (HEADING. PL 1991, c. 376, @28 (new))
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Title 7 - §2991. Definitions
Title 7: AGRICULTURE AND ANIMALS
Part 7: MILK AND MILK PRODUCTS
Chapter 604: MILK TAX (HEADING: PL 1991, c. 376, @28 (new))
§2991. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1991, c. 376, §28 (new).]
1. Board. "Board" means the Maine Dairy Promotion Board.
[1991, c. 376, §28 (new).]
2. Class I milk. "Class I milk" means:
A. All fluid milk sold, distributed or disposed of as or in milk that contains not more than 11% butterfat and skim milk and
cultured buttermilk sold for human consumption; and
[1991, c. 376, §28 (new).]
B. All milk products sold, distributed or disposed of for human consumption as or in flavored milk and flavored skim milk.
[1991, c. 376, §28 (new).]
[1991, c. 376, §28 (new).]
3. Consumer. "Consumer" means any person other than a milk dealer who purchases milk for fluid consumption.
[1991, c. 376, §28 (new).]
3-A. Council. "Council" means the Maine Dairy and Nutrition Council.
[1995, c. 693, §6 (new); §25 (aff).]
4. Dealer. "Dealer" means any person who purchases or receives milk for sale as the consignee or agent of a producer or handles milk
for sale, shipment, storage or processing within the State. "Dealer" includes a producer dealer or a store.
[1991, c. 376, §28 (new).]
5. Milk. "Milk" means cows' milk and includes cream. One quart of cream is considered the equivalent of 4 quarts of milk.
[1991, c. 376, §28 (new).]
6. Producer. "Producer" means any person who produces milk and sells milk to a dealer.
[1991, c. 376, §28 (new).]
7. Producer dealer. "Producer dealer" means any dealer who produces a part or all of that dealer's milk and sells milk to other than a dealer.
[1991, c. 376, §28 (new).]
8. Records. "Records" means books, records, accounts, memoranda or other data pertaining to the purchase and distribution of milk.
[1991, c. 376, §28 (new).]
9. Store. "Store" means a grocery store, dairy products' store, canteen, milk vending machine operator, milk dispensing operator or
any similar commercial establishment or outlet or any other place or method of sale in which milk is sold to consumers for
consumption off the premises.
[1991, c. 376, §28 (new).]
Section History:
PL 1991,
Ch. 376,
§28
(NEW).
PL 1995,
Ch. 693,
§25
(AFF).
PL 1995,
Ch. 693,
§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 - §2992-A. Maine Dairy Promotion Board
Title 7: AGRICULTURE AND ANIMALS
Part 7: MILK AND MILK PRODUCTS
Chapter 604: MILK TAX (HEADING: PL 1991, c. 376, @28 (new))
§2992-A. Maine Dairy Promotion Board
1. Board established as a public instrumentality. The Maine Dairy Promotion Board is established as a public body corporate and politic and a public instrumentality of the
State. The exercise of powers conferred by this chapter is held to be the performance of essential government functions.
A. Employees of the board may not be construed to be state employees for any purpose, including the state civil service provisions
of Title 5, Part 2 and Title 5, chapter 372.
[1995, c. 693, §8 (new); §25 (aff).]
B. The board may not be construed to be a state agency for any purposes, including the budget, accounts and control, auditing,
purchasing or other provisions of Title 5, Part 4.
[1995, c. 693, §8 (new); §25 (aff).]
C. Notwithstanding paragraphs A and B:
(1) Employees of the board, including employees hired after July 1, 1996, are state employees for the purposes of the state
retirement provisions of Title 5, Part 20 and the state employee health insurance program under Title 5, chapter 13, subchapter
II;
(2) All meetings and records of the board are subject to the provisions of Title 1, chapter 13, subchapter I, except that
by majority vote of those members present records and meetings of the board may be closed to the public when public disclosure
of the subject matter of the records or meetings would adversely affect the competitive position of the milk industry of the
State or segments of that industry. The Commissioner of Agriculture, Food and Rural Resources and those members of the Legislature
appointed to serve on the joint standing committee of the Legislature having jurisdiction over agricultural, conservation
and forestry matters have access to all material designated confidential by the board;
(3) For the purposes of the Maine Tort Claims Act, the board is a governmental entity and its employees are employees as
those terms are defined in Title 14, section 8102;
(4) Funds received by the board pursuant to chapter 611 must be allocated to the board by the Legislature in accordance
with Title 5, section 1673; and
(5) Except for representation of specific interests required by subsection 2, members of the board are governed by the conflict
of interest provisions set forth in Title 5, section 18.
[RR 1997, c. 2, §30 (cor).]
[RR 1997, c. 2, §30 (cor).]
2. Board membership. The board consists of the following 5 members:
A. Four members appointed by organizations of producers. Not more than 2 members appointed under this paragraph may be from
the same marketing organization. At least one member must be appointed by an independent organization of Maine milk producers;
and
[2005, c. 382, Pt. E, §1 (amd).]
B.
[2005, c. 382, Pt. E, §2 (rp).]
C. The Commissioner of Agriculture, Food and Rural Resources.
[1995, c. 693, §8 (new); §25 (aff).]
[2005, c. 382, Pt. E, §§1, 2 (amd).]
3. Board chair. The board shall annually elect a chair.
[1995, c. 693, §8 (new); §25 (aff).]
4. Producer members.
[2005, c. 382, Pt. E, §3 (rp).]
5. Cross membership; prohibition. A board member may not be a member of the Maine Dairy and Nutrition Council, established under section 2998-B.
[1995, c. 693, §8 (new); §25 (aff).]
6. Quorum; voting. Fifty-one percent of the members of the board constitutes a quorum and the affirmative vote of at least 51% of members present
at a meeting is necessary to transact all business and carry out the duties of the board.
[1995, c. 693, §8 (new); §25 (aff).]
7. Terms. Board members are appointed to 4-year terms and may not serve more than 2 consecutive terms. A vacancy caused by death,
resignation or otherwise must be promptly filled by the appointing authority for the vacated position. A producer member
who changes the market in which the member sells milk is considered to have vacated membership if the change continues in
excess of 6 months.
[1995, c. 693, §8 (new); §25 (aff).]
8. Compensation. The members of the board are entitled to compensation from funds received pursuant to chapter 611 according to such guidelines
as the board may establish.
[1995, c. 693, §8 (new); §25 (aff).]
9. Executive director; staff. The board shall appoint an executive director who is the board's chief administrative officer and serves at the pleasure
of the board. The executive director shall employ, as the board directs, additional staff who serve at the pleasure of the
executive director. The salary paid to the executive director and other staff of the board must be fixed by the board. The
board may delegate to its staff the power to execute the board's policies and programs, subject to the board's oversight.
[1995, c. 693, §8 (new); §25 (aff).]
10. Sharing of staff. The board and the Maine Dairy and Nutrition Council, established in section 2998-B, may share an executive director and
staff. The total salary of a shared employee may be agreed to by the board and council and the percentage of the salary
paid by the board must be proportional to the work performed for the board by the shared employee. The board shall utilize
accounting procedures adequate to track the proportion of work a shared employee performs for the board.
[1995, c. 693, §8 (new); §25 (aff).]
11. Debt. A debt or obligation incurred by the board is not a debt or obligation of the State.
[1995, c. 693, §8 (new); §25 (aff).]
Section History:
PL 1995,
Ch. 693,
§25
(AFF).
PL 1995,
Ch. 693,
§8
(NEW).
RR 1997,
Ch. 2,
§30
(COR).
PL 2005,
Ch. 382,
§E1-3
(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 - §2992. Maine Dairy Promotion Board (REPEALED)
Title 7: AGRICULTURE AND ANIMALS
Part 7: MILK AND MILK PRODUCTS
Chapter 604: MILK TAX (HEADING: PL 1991, c. 376, @28 (new))
§2992. Maine Dairy Promotion Board (REPEALED)
Section History:
PL 1991,
Ch. 376,
§28
(NEW).
PL 1993,
Ch. 689,
§1
(AMD).
PL 1995,
Ch. 693,
§25
(AFF).
PL 1995,
Ch. 693,
§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 - §2993-A. Collection of fees
Title 7: AGRICULTURE AND ANIMALS
Part 7: MILK AND MILK PRODUCTS
Chapter 604: MILK TAX (HEADING: PL 1991, c. 376, @28 (new))
§2993-A. Collection of fees
A dealer as defined in section 2991 shall withhold from each Maine milk producer a fee of 10¢ per hundredweight on all milk
produced and shall forward that payment to the board no later than the last day of the month following the month in which
the milk was produced.
[1999, c. 161, §2 (new).]
div>
All producer dealers shall pay to the board a fee of 10¢ per hundredweight on all milk produced by the producer dealer no
later than the last day of the month following the month in which the milk was produced.
[1999, c. 161, §2 (new).]
Section History:
PL 1999,
Ch. 161,
§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 - §2993. Powers and duties
Title 7: AGRICULTURE AND ANIMALS
Part 7: MILK AND MILK PRODUCTS
Chapter 604: MILK TAX (HEADING: PL 1991, c. 376, @28 (new))
§2993. Powers and duties
The board is created to promote the prosperity and welfare of this State and of the dairy industry of the State by fostering
promotional, educational, advertising and research programs of the dairy industry. The board has the following powers and
duties. The board:
[1991, c. 376, §28 (new).]
1. Contracts and agreements. May make or enter into contracts or agreements with any local, state, federal or private agency, department, firm, corporation
or association for the purposes defined in this chapter. The contracts or agreements may include, without limitation, those
relating to the lease or purchase of office space, facilities, property, equipment and supplies as the board determines necessary
for its purposes. The board may delegate to its executive director the power to enter into the contracts or agreements, subject
to the board's oversight;
[1993, c. 689, §2 (amd).]
2. Cooperation with other agencies. Shall cooperate with other state or regional agencies with like purposes, including transferring to those agencies any portion
of its receipts that it determines appropriate and in the best interests of the dairy industry in the State. In determining
those amounts, the board shall consider the relative benefits accruing to all Maine producers from increased fluid milk consumption
within the Maine market and the New England market, Federal Milk Marketing Order No. 1; the relative effectiveness of the
various programs intended to increase fluid milk consumption for which funding is being considered; appropriate research needs;
and other considerations pertinent to the distribution of its funds to other agencies for cooperative efforts;
[1993, c. 689, §2 (amd).]
3. Books and records. Shall keep books, records and accounts of all its activities, which must be open to inspection and audit by the State at
all times. An independent certified public accountant shall conduct an annual audit of the financial records of the board
and report the results of the audit to the board, the commissioner, the Treasurer of State and the Legislature;
[RR 1995, c. 2, §17 (cor).]
4. Annual report. Shall prepare an annual report that must include a summary of all receipts and expenditures, including expenditures for
specific promotional or research programs; a description of the various promotional or research programs operated, contracted
or sponsored by the board; and a directory of current board members, including their affiliation and term of office; and
[1991, c. 376, §28 (new).]
5. Funding. May receive and expend funds from any source, public or private, that it determines necessary to carry out its purposes.
[1995, c. 693, §9 (amd); §25 (aff).]
Section History:
PL 1991,
Ch. 376,
§28
(NEW).
PL 1993,
Ch. 689,
§2
(AMD).
PL 1995,
Ch. 693,
§25
(AFF).
PL 1995,
Ch. 693,
§9
(AMD).
RR 1995,
Ch. 2,
§17
(COR).
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 - §2994-A. Cooperation with similar boards
Title 7: AGRICULTURE AND ANIMALS
Part 7: MILK AND MILK PRODUCTS
Chapter 604: MILK TAX (HEADING: PL 1991, c. 376, @28 (new))
§2994-A. Cooperation with similar boards
The board may cooperate with similar organizations in other states and regions and may pay to the similar organizations that
part of its funds as it determines is in the best interest of the dairy industry of the State.
[1995, c. 693, §11 (new); §25 (aff).]
Section History:
PL 1995,
Ch. 693,
§11
(NEW).
PL 1995,
Ch. 693,
§25
(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 - §2994. Appropriation of money received (REPEALED)
Title 7: AGRICULTURE AND ANIMALS
Part 7: MILK AND MILK PRODUCTS
Chapter 604: MILK TAX (HEADING: PL 1991, c. 376, @28 (new))
§2994. Appropriation of money received (REPEALED)
Section History:
PL 1991,
Ch. 376,
§28
(NEW).
PL 1995,
Ch. 693,
§10
(RP ).
PL 1995,
Ch. 693,
§25
(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 04333-0007
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