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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 27. MANUFACTURERS AND BOTTLERS OF NONALCOHOLIC BEVERAGES
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Title 32 - §1752. Penalties
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 27: MANUFACTURERS AND BOTTLERS OF NONALCOHOLIC BEVERAGES Subchapter 1: GENERAL PROVISIONS §1752. Penalties
Any person, firm or corporation who shall violate this chapter, or shall neglect or refuse to comply with the provisions thereof,
shall be punished by a fine of not more than $100 for the first offense, and by a fine of not more than $200 for each subsequent
offense.
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
This page created on: 2005-10-01
Title 32 - §1801. Rules and regulations
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 27: MANUFACTURERS AND BOTTLERS OF NONALCOHOLIC BEVERAGES Subchapter 2: COMMISSIONER OF AGRICULTURE §1801. Rules and regulations
The Commissioner of Agriculture, Food and Rural Resources shall, in a manner consistent with the Maine Administrative Procedure
Act, after investigation, adopt and promulgate rules and regulations to supplement and give full effect to this chapter. Such
rules and regulations shall establish sanitary regulations for manufacture and bottling of beverages, including the construction,
sanitary conditions of buildings, grounds and equipment, sanitary conditions of persons in direct contact with the beverage
or its ingredients. Such rules and regulations shall, among other things, establish standards of identity and composition,
including a maximum standard of content for any substance that may be deleterious and minimum standards of composition for
the proper enforcement of this chapter and for the protection of the public health and welfare. Such rules and regulations
shall have the force of law.
[1979, c. 731, §19 (amd).]
div> It shall be unlawful to sell, offer for sale or have in possession with intent to sell any beverage not manufactured or bottled
in a beverage plant located in this State and licensed by the commissioner or located without this State and approved by the
commissioner pursuant to section 1851.
div> Beverages manufactured or bottled in a beverage plant not so licensed or approved shall be deemed to be a misbranded food
within the meaning of Title 22, section 2157.
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
This page created on: 2005-10-01
Title 32 - §1802. Revocation of licenses
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 27: MANUFACTURERS AND BOTTLERS OF NONALCOHOLIC BEVERAGES Subchapter 2: COMMISSIONER OF AGRICULTURE §1802. Revocation of licenses
The Commissioner of Agriculture, Food and Rural Resources shall have the power, in a manner consistent with the Maine Administrative
Procedure Act, to refuse to renew, and the District Court, upon complaint of the commissioner or the Attorney General shall
have the power, in a manner consistent with the Maine Administrative Procedure Act, to revoke or suspend any license issued
under section 1851 when it is determined that any of the provisions of this chapter, or rules or regulations promulgated thereunder,
have been violated. Any person, firm or corporation whose license has been so revoked or suspended shall discontinue the manufacture
and sale within the State of beverages until said chapter has been complied with and a new license issued, or the suspension
removed. The District Court may revoke or suspend such license temporarily until there is a compliance with this chapter or
permanently for the unexpired period of such license.
[1979, c. 731, §19 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (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
This page created on: 2005-10-01
Title 32 - §1803. -- notice; procedure; appeals (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 27: MANUFACTURERS AND BOTTLERS OF NONALCOHOLIC BEVERAGES Subchapter 2: COMMISSIONER OF AGRICULTURE §1803. -- notice; procedure; appeals (REPEALED)
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
This page created on: 2005-10-01
Title 32 - §1804. Disposal of fines and fees
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 27: MANUFACTURERS AND BOTTLERS OF NONALCOHOLIC BEVERAGES Subchapter 2: COMMISSIONER OF AGRICULTURE §1804. Disposal of fines and fees
All fees received by the Commissioner of Agriculture, Food and Rural Resources under this chapter, and all money and fines
received by him under this chapter, by virtue of Title 7, sections 13 and 15, shall be paid by him to the Treasurer of State
for deposit in the General Fund.
[1979, c. 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 04333-0007
This page created on: 2005-10-01
Title 32 - §1851. License required; fee; expiration and renewal
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 27: MANUFACTURERS AND BOTTLERS OF NONALCOHOLIC BEVERAGES Subchapter 3: LICENSING AND OPERATION §1851. License required; fee; expiration and renewal
No person within this State may manufacture or bottle for sale any beverage without first having filed with the Commissioner
of Agriculture, Food and Rural Resources an application for a license accompanied with the fee specified in this section and
having been issued a license to operate a beverage plant. Upon receipt of such application containing information required
by the commissioner and being satisfied that the applicant has complied with this chapter and rules adopted under this chapter,
the commissioner shall issue the applicant a license to manufacture and sell beverages.
[1993, c. 410, Pt. S, §4 (amd).]
div> No person manufacturing or bottling any beverage outside of the State for retail sale within the State may sell or offer to
sell the same within the State unless that person has made application and secured a license to sell beverages from the commissioner
upon the payment of the fee specified in this section. The commissioner may issue a license to sell beverages manufactured
or bottled outside of the State upon being satisfied from inspection by an inspector of the department or from a statement
from the agency having enforcement of the beverage law in the state where the beverage establishment is located, that the
establishment complies with the requirements of this chapter and rules adopted under this chapter, and upon the commissioner's
approval of the establishment on the basis of the inspection or statement.
[1993, c. 410, Pt. S, §4 (amd).]
div> Beginning August 1, 2000, each license or license renewal issued expires on the 31st day of December following the date of
issuance or on the date provided by the provisions of the Maine Administrative Procedure Act as to license expiration, whichever
date is later, unless sooner revoked as provided in section 1802, and must be renewed annually thereafter subject always to
such revocation. When an initial license is issued or when a license is renewed between August 1, 2000 and December 31, 2001,
the license fee is prorated based on the number of months the license is valid and the annual license fee.
[1999, c. 598, §2 (amd); §3 (aff).]
div> The fee for a license issued under this section is based on the number of persons employed by the manufacturer or bottler.
The fee for a manufacturer or bottler with 5 or fewer employees is $50. The fee for all other manufacturers or bottlers
is $100.
[1993, c. 410, Pt. S, §4 (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 04333-0007
This page created on: 2005-10-01
Title 32 - §1852. Plant requirements
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 27: MANUFACTURERS AND BOTTLERS OF NONALCOHOLIC BEVERAGES Subchapter 3: LICENSING AND OPERATION §1852. Plant requirements
Every beverage plant used for the preparation, manufacture and bottling of any beverage shall be adequately lighted and ventilated
and all floors shall be constructed of cement, concrete or tile laid in cement or other material impervious to water, and
shall have sufficient pitch to insure drainage; walls and ceilings shall be varnished or painted in light color and kept clean;
doors, windows and other openings of any room in which beverages or the ingredients of such beverages shall be prepared shall
be screened. Wash basins, sinks and toilets shall be provided for employees. No toilet shall open directly into any room used
for the preparation or bottling of any beverage. The syrup room shall be separately enclosed, well ventilated and lighted,
provided with sinks and taps for hot and cold water, thoroughly protected against vermin, flies, dirt and dust and so constructed
as to be easily cleaned.
div> Every beverage plant shall be equipped with mechanical container-washing apparatus and machinery, and with mechanical and
sanitary machines for bottling and for carbonating, if carbonated beverages are manufactured.
div> All machines, apparatus, vessels, fountains, tanks or other equipment, caps and ingredients used in the manufacture of beverages
shall be kept in a sanitary condition. No vessels or tanks shall be used for syrup mixing or for storing such mixed syrup
unless they are of glass or stainless steel, porcelain lined, block tin lined or made of some other suitable impervious material.
div> Beverage plants shall be located in buildings so constructed that the bottling operation is performed in separate rooms, but
such construction shall allow for modern practices in the loading or unloading of trucks in the same rooms, and for modern
practices in the use of conveyor systems or other means of mechanical handling.
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
This page created on: 2005-10-01
Title 32 - §1853. Labeling
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 27: MANUFACTURERS AND BOTTLERS OF NONALCOHOLIC BEVERAGES Subchapter 3: LICENSING AND OPERATION §1853. Labeling
Whenever artificial colors or flavors are used in the manufacture of a beverage, the bottle or other container or the crown
thereof shall be distinctly labeled "Artificially colored and flavored." Whenever artificial coal tar colors are used, nothing
but certified colors as approved by the United States Food and Drug Administration shall be allowed.
div> All open containers or receptacles that contain artificial color or artificial flavor shall be so labeled, and said labels
shall be prominently displayed on container or suitable location so as to be likely to be read by the purchaser.
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
This page created on: 2005-10-01
Title 32 - §1854. Cleaning of containers
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 27: MANUFACTURERS AND BOTTLERS OF NONALCOHOLIC BEVERAGES Subchapter 3: LICENSING AND OPERATION §1854. Cleaning of containers
All reusable glass containers used in the manufacture of beverages shall, before being filled or refilled, be thoroughly cleaned
and sanitized by washing in an automatic washing machine in a solution of not less than 3% caustic alkali, at a temperature
not lower than 110` Fahrenheit to be followed by a rinsing in potable water. All other reusable and all single service containers
shall be cleaned and sanitized before being filled or refilled by suitable means approved by the Commissioner of Agriculture,
Food and Rural Resources.
[1979, c. 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 04333-0007
This page created on: 2005-10-01
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