7 M.R.S. § 3151 — ME Code / Title 7 / Part 7 / Chapter 611 / Section 3151
7 §3151. Legislative Findings and Intent
Status: in_force

The Legislature finds that among Maine's dairy farmers, prices received for milk differ substantially, and that these differences arise in part from a dual marketing system whereby approximately 1/2 the milk produced in Maine is marketed in Maine subject to the price control authority of the Maine Milk Commission, Maine market, while the other 1/2 is marketed to handlers selling in southern New England, commonly known as the Boston market, subject to the price regulations of the northeast marketing area milk marketing order. [PL 1999, c. 679, Pt. B, §6 (AMD); PL 1999, c. 679, Pt. B, §14 (AFF).]

The Legislature finds that under this dual system, producers selling on the Maine market receive a significantly higher price for their milk than do their Boston market counterparts; that, in terms of net income after operating costs, producers on the Maine market receive, on the average, 50% more than their Boston market counterparts of equal size; that the lower net returns received by producers selling on the Boston market seriously limits their ability to withstand cost fluctuations caused by unpredictable increases in costs of fuel, credit, feed and other input costs or price fluctuations resulting from changing milk price support policies, all of which are largely controlled by national and international policies and other events beyond their control; that this relative vulnerability engenders an instability in the present marketing system resulting in a destructive competition for higher priced markets; that this instability has recently been aggravated by the introduction of store-brand milk in Maine markets; that the result is a serious threat not only to the viability of these Boston market farms but also to the Maine dairy industry as a whole; and that the loss of these dairy farms would seriously erode Maine's agricultural base. [PL 1983, c. 573, §4 (NEW).]

The Legislature finds that the higher prices paid to Maine milk producers selling on the Maine market result from the state and federal regulatory framework of the milk industry, as well as from actual cost differences which would exist independent of any regulatory framework. Specifically, higher prices on the Maine market are found to derive from cost savings realized by the Maine market producers in transporting milk to local markets, and from a comparatively higher fluid milk, Class I, utilization rate. Whereas, this favorable utilization rate is made possible by the presence of 2 independently regulated markets which allow the sale of excess Maine production on the Boston market, with the result that such excess is excluded from the calculation of utilization rates on the Maine market, the Legislature finds that the resulting price difference is in the nature of an economic benefit which has arbitrarily accrued to Maine market producers over Boston market producers. [PL 1983, c. 573, §4 (NEW).]

The Legislature finds that it is in the best interest of the Maine dairy industry and the well-being of the State as a whole to adjust prices paid to Maine milk producers to redistribute this benefit among Maine milk producers in both markets. In so doing, it is the intention of the Legislature to eliminate those differences attributable to the higher utilization rates which are a product of the 2 regulated markets. [PL 1983, c. 573, §4 (NEW).]

The Legislature finds that dairy farms in Aroostook, Washington and northern Penobscot Counties presently operate at significantly higher costs because of their remoteness from markets and supplies; that they face greater risks because they operate on a closer margin; that their markets are less secure; and that negative changes in the overall economy have a magnified effect in the northern Maine region. [PL 1999, c. 679, Pt. B, §6 (AMD); PL 1999, c. 679, Pt. B, §14 (AFF).]

It is the intent of the Legislature that the reblending of Class I premiums under the Maine Milk Pool created by this chapter be deemed to be the reapportionment of an economic benefit created by regulation in order to smooth out differences in milk prices between different markets and not as a tax on the income of Maine market producers. It is also the interest of the Legislature that deductions from the Maine Milk Pool for promotion be deemed to be deductions from the amounts otherwise payable from the pool to Maine and Boston market producers. [PL 1983, c. 573, §4 (NEW).]

In addition to the above findings and as a result of the possible implementation of an over-order premium to be paid to milk producers, the Legislature finds that legislation is necessary to ensure that such a premium is distributed in a manner which is most advantageous and most equitable for all Maine milk producers and intends to achieve that result by enacting the provisions of this chapter relating to over-order pricing. The Legislature also finds that while the pooling and redistribution of such a premium as provided in this chapter is in the best interest of all Maine milk producers, it intends that redistribution to be a separate and distinct purpose and function of the Maine Milk Pool not essential to the purpose and function of the pool as originally enacted. [PL 1987, c. 447, §3 (NEW).]
7 M.R.S. § 532 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 532
7 §532. Standard box for apples
Status: in_force

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. [PL 1977, c. 696, §62 (AMD).]
7 M.R.S. § 3921-B — ME Code / Title 7 / Part 9 / Chapter 721 / Section 3921-B
7 §3921-B. Prohibition on keeping a wolf hybrid; exception
Status: in_force

1. Prohibition. Except as provided in subsection 2 , a person may not keep a wolf hybrid in the State unless that person holds a valid permit to possess wildlife in captivity issued by the Department of Inland Fisheries and Wildlife under Title 12, section 12152 . [PL 2011, c. 100, §10 (NEW).]

2. Exception. A person keeping a wolf hybrid as a pet and in compliance with all applicable provisions in this Part on June 1, 2011 may continue to keep that wolf hybrid as long as the following conditions are met: A. The wolf hybrid has been spayed or neutered; and [PL 2011, c. 100, §10 (NEW).] B. The owner continues to license the wolf hybrid in accordance with section 3922, subsection 3-B . [PL 2011, c. 100, §10 (NEW).] [PL 2011, c. 100, §10 (NEW).]

3. Restrictions on transfer. A person keeping a wolf hybrid under subsection 2 may transfer ownership of the wolf hybrid to a person: A. Holding a permit to possess wildlife under Title 12, section 12152 and authorized to accept wolf hybrids in compliance with rules adopted under Title 12, section 12160, subsection 2 ; [PL 2011, c. 100, §10 (NEW).] B. Who operates an animal refuge in another state that is licensed to accept wolf hybrids; or [PL 2011, c. 100, §10 (NEW).] C. Who has had direct contact with the wolf hybrid, is familiar with the wolf hybrid's behavior and has been advised of the reporting requirement under subsection 4 and licensing laws under section 3922 . [PL 2011, c. 100, §10 (NEW).] A person transferring ownership of a wolf hybrid under this subsection shall within 10 days of the transfer notify the department and provide the name and address of the person accepting the transfer. [PL 2011, c. 100, §10 (NEW).]

4. Duty to report death. The owner of a wolf hybrid kept under subsection 2 shall notify the department of the wolf hybrid's death on a form prescribed by the department within 30 days of the wolf hybrid's death. [PL 2011, c. 100, §10 (NEW).]

5. Violation. A person who violates this section commits a civil violation for which a fine of $2,500 may be adjudged. [PL 2011, c. 100, §10 (NEW).]
7 M.R.S. § 2954-A — ME Code / Title 7 / Part 7 / Chapter 603 / Section 2954-A
7 §2954-A. Payment by dealers to producers
Status: in_force

Payment by dealers to producers is governed by this section. For purposes of this section, the term "delivery month" means the calendar month in which milk is delivered to a dealer from the producer. [PL 2005, c. 382, Pt. F, §16 (NEW).]

1. First 15 days. On or before the 5th day after the end of a delivery month, a dealer shall pay the producer for milk received from that producer during the first 15 days of the delivery month at a rate that is not less than the most recently published northeast marketing area milk marketing order statistical uniform price for Penobscot County. [PL 2005, c. 382, Pt. F, §16 (AMD).]

2. Balance due. A dealer shall pay the producer for the balance due for milk received during that delivery month as follows. A. On or before the 20th day after the end of the delivery month, the dealer shall pay the producer for milk received from that producer during the delivery month an initial payment calculated using the minimum prices set by the commission pursuant to section 2954, subsection 2, paragraph A minus: (1) Any portion of that amount deposited in the Maine Milk Pool or deducted pursuant to section 3153, subsection 2 ; and (2) The amount of the payment made to the producer under subsection 1 . [PL 2005, c. 382, Pt. F, §16 (AMD).] B. On or before the 5th day after the end of the month in which the payments required by subsection 1 and paragraph A are made, each dealer shall pay each of the dealer's producers any sums received on behalf of the producers pursuant to section 3153, subsection 4 and Maine Milk Pool rules. [PL 2005, c. 382, Pt. F, §16 (AMD).] [PL 2005, c. 382, Pt. F, §16 (AMD).]

3. Penalties. The license of any dealer who violates this section may be suspended or revoked in accordance with Title 5, chapter 375 . [PL 1985, c. 172 (NEW).]
7 M.R.S. § 3991-A — ME Code / Title 7 / Part 9 / Chapter 735 / Section 3991-A
7 §3991-A. Regulation of research institutions
Status: in_force

1. License necessary. A research or teaching institution of higher education may not employ live animals in scientific investigation, experiment or instruction or for the testing of drugs or medicines without first having been issued a license under this section by the commissioner. [PL 2003, c. 452, Pt. B, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Application. A research or teaching institution desiring to obtain a license shall make application to the commissioner. On receipt of the application, the commissioner shall investigate as necessary to determine whether the public interest will be served by the issuance of the license. The commissioner may issue the license as long as the research or teaching institution, by reason of its standards, facilities, practices or activities, is a fit and proper institution to receive the license and that its issuance is in the public interest. The standards for licensure are those contained in United States Code, Title 7, Section 2143 and any federal regulations issued pursuant to that law. This chapter may not be construed to be more restrictive than federal law. In the case of conflict between state law and federal law or a mandatory rule, regulation or order of the Federal Government or its agencies, the federal law, rule, regulation or order governs. [PL 2003, c. 452, Pt. B, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Fees; license renewal. Before issuance of a license, each research or teaching institution licensed under this chapter shall pay to the commissioner a license fee of $200. A license expires on June 30th next following the date of issue. The commissioner shall annually renew each license upon the application of the licensee, unless, after notice and hearing as provided in this chapter, the commissioner finds that, by reason of the standards, facilities, practices or activities of the licensee, the renewal is not in the public interest. The commissioner, after notice and hearing as provided in this chapter, may modify, fail to renew, suspend or revoke any license if the commissioner finds that, by reason of the standards, facilities, practices or activities of the licensee, the continuation of the license is not in the public interest. [PL 2003, c. 452, Pt. B, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

4. Noncompliance. If, in the opinion of the commissioner, there is or may be noncompliance with or a violation of this chapter or of a rule adopted by the commissioner that is of sufficient gravity to warrant further action, the commissioner may request an informal conference with the licensee. The commissioner shall provide the licensee with adequate notice of the conference and the issues to be discussed. If the commissioner finds that the factual basis of the alleged noncompliance with or violation of this chapter is true and may warrant further action, the commissioner: A. With the consent of the licensee, may enter into a consent agreement that fixes the period and terms of probation best adapted to protect the health and welfare of animals and to rehabilitate or educate the licensee; [PL 2003, c. 452, Pt. B, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. In consideration for acceptance of a voluntary surrender of the license, may negotiate stipulations, in a consent decree to be signed by the commissioner, the licensee and the Office of the Attorney General, that ensure protection of the health and welfare of animals and that serve to rehabilitate or educate the licensee; [PL 2003, c. 452, Pt. B, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. If the commissioner concludes that modification or nonrenewal of the license may be in order, shall hold an adjudicatory hearing in accordance with Title 5, chapter 375, subchapter 4 ; or [PL 2003, c. 452, Pt. B, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] D. If the commissioner concludes that suspension or revocation of the license is in order, shall file a complaint in the District Court in accordance with Title 4, chapter 5 . [PL 2003, c. 452, Pt. B, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. B, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

5. Grounds for discipline. Grounds for an action to modify, suspend, revoke or refuse to renew the license of a person licensed under this chapter are: A. The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered within the scope of the license issued; [PL 2003, c. 452, Pt. B, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. A violation of this chapter or a rule adopted by the commissioner; and [PL 2003, c. 452, Pt. B, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. Conviction of a crime involving cruelty to animals. [PL 2003, c. 452, Pt. B, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. B, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

6. Violation; penalty. A person may not knowingly violate this chapter or the rules issued pursuant to this chapter. The following penalties apply. A. A person who violates this subsection commits a civil violation for which a fine of not more than $100 may be adjudged. [PL 2003, c. 452, Pt. B, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. A person who violates this subsection after having previously violated this subsection commits a civil violation for which a fine of not more than $250 may be adjudged. [PL 2003, c. 452, Pt. B, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. B, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

7. Rules. The commissioner may adopt rules that are necessary to carry out the purposes of this chapter. [PL 2003, c. 452, Pt. B, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

8. Inspection. In connection with the granting, continuance or renewal of a license and in connection with an investigation of alleged cruelty or alleged violation of this chapter or the rules issued pursuant to this chapter, the commissioner, at least annually, may visit and inspect the research and teaching institutions or animal research and care facilities of any licensee or of any research or teaching institution that has applied for a license. [PL 2003, c. 452, Pt. B, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
7 M.R.S. § 103 — ME Code / Title 7 / Part 1 / Chapter 4 / Section 103
7 §103. Agricultural Fair Promotion Fund
Status: in_force

1. Eligible nonprofit organization defined. As used in this section, "eligible nonprofit organization" means a nonprofit organization that is exempt from federal income taxation under Section 501(a) of the United States Internal Revenue Code of 1986 as an organization described by Section 501(c) and that has had, for at least the preceding 25 years, a sole or primary purpose of promoting agricultural fairs in the State. [PL 2021, c. 681, Pt. J, §2 (NEW).]

2. Identification of eligible nonprofit organizations. On January 1st and July 1st of each year, the commissioner shall send a list of all eligible nonprofit organizations to the Treasurer of State. [PL 2021, c. 681, Pt. J, §2 (NEW).]

3. Fund created. The Treasurer of State shall establish an account as a separate unit within the Harness Racing Commission program to be known as "the Agricultural Fair Promotion Fund" and shall credit to it all money received under Title 8, section 1218, subsection 1, paragraph E . The fund is a dedicated, nonlapsing fund within the Department of Agriculture, Conservation and Forestry. All revenues deposited in the fund must be disbursed in accordance with this section. [PL 2023, c. 643, Pt. L, §1 (AMD).]

4. Distribution. On January 31st and July 31st of each year, all amounts credited to the fund established pursuant to this section as of the last day of the preceding month and not distributed before that day must be distributed by the Treasurer of State in equal shares to each organization in the State that has been identified by the commissioner as an eligible nonprofit organization under subsection 2 . [PL 2021, c. 681, Pt. J, §2 (NEW).]
7 M.R.S. § 402 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 402
7 §402. Advertising of products
Status: in_force

The commissioner may enter into agreements or cooperative arrangements with any person, firm or corporation for the purpose of advertising and increasing the sale and consumption of Maine farm products or disseminating information concerning Maine farm products. The commissioner may receive, administer and disburse any funds or contributions from these persons, firms or corporations, either independently or in conjunction with state funds allocated to the purpose, as long as funds so contributed are used only for the purposes set forth. The commissioner may employ such agents and assistants, subject to the Civil Service Law, and make such purchases as may be necessary in the proper performance of the commissioner's duties. [RR 2021, c. 1, Pt. B, §61 (COR).]
7 M.R.S. § 2954-C — ME Code / Title 7 / Part 7 / Chapter 603 / Section 2954-C
7 §2954-C. Applicability to integrated operation
Status: in_force

The provisions of this chapter which apply to dealers, including, but not limited to, the provisions of section 2956 , shall apply to the dealer phase of the business of an integrated operation and those which apply to retail stores shall apply to the retail phase of the business of an integrated operation. [PL 1985, c. 717, §3 (NEW).]
7 M.R.S. § 164 — ME Code / Title 7 / Part 1 / Chapter 6 / Section 164
7 §164. Maine Working Farmland Access and Protection Program
Status: in_force

1. Program established; administration. The Maine Working Farmland Access and Protection Program, referred to in this section as "the program," is established to provide protection to strategically significant working farmland properties as defined in Title 5, section 6201, subsection 4‑A whose continued availability to commercial agricultural businesses is essential to the long-term future of the economic sector. The department shall administer the program either directly or by contract with a suitable organization. [PL 2021, c. 135, §5 (NEW).]

2. Review panel. The department shall establish a review panel to advise the commissioner in the operation of the program, including, but not limited to, evaluating applications and recommending to the department applicants for participation in the program. [PL 2021, c. 135, §5 (NEW).]

3. Selection criteria. The selection criteria with which to evaluate applications for protection of working farmland property under the program must include, but are not limited to: A. The interest of the owner of the working farmland property to make the farmland available via lease or transfer the protected property to another farmer or other farmers to advance the department's goal of preserving and increasing access to farmland for new and growing farms; [PL 2021, c. 135, §5 (NEW).] B. The threat of conversion of the working farmland property such that it would become unavailable for commercial production of agricultural products; [PL 2021, c. 135, §5 (NEW).] C. The percentage of soils classified by the United States Department of Agriculture as prime farmland, unique farmland, farmland of statewide importance and farmland of local importance; [PL 2021, c. 135, §5 (NEW).] D. The agricultural structures and improvements associated with the working farmland property; [PL 2021, c. 135, §5 (NEW).] E. The economic viability of the working farmland property in terms of current and potential future commercial agricultural activities in local, regional and statewide markets; connection of the working farmland property to agricultural services including processors, aggregators and distributors; and number of on-farm jobs supported by the working farmland property; [PL 2021, c. 135, §5 (NEW).] F. The proximity of other working farmland properties in the town or region; [PL 2021, c. 135, §5 (NEW).] G. The degree of community support for the proposed protection of the working farmland property; [PL 2021, c. 135, §5 (NEW).] H. The multiple natural resources values associated with the working farmland property, including open space land, forested land and wetlands; riparian buffers; wildlife habitat; and freshwater aquifers; and [PL 2021, c. 135, §5 (NEW).] I. Whether the applicant is from or serving an underserved or underprivileged community as defined by the department by rule. Rules adopted under this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 135, §5 (NEW).] [PL 2021, c. 135, §5 (NEW).]

4. Grant agreements. The commissioner shall enter into grant agreements with state agencies and cooperating entities for the purpose of receiving grants from the Maine Working Farmland Access and Protection Fund under Title 5, section 6203‑C . [PL 2021, c. 135, §5 (NEW).]

5. Funding. A separate, nonlapsing, interest-bearing account, administered by the department, is established in the department within the Bureau of Agriculture, Food and Rural Resources to support public-private partnerships to carry out the purposes of the program. The account consists of money appropriated or allocated to the account or received from any private or public source. [PL 2025, c. 388, Pt. S, §1 (NEW).]
7 M.R.S. § 3913 — ME Code / Title 7 / Part 9 / Chapter 719 / Section 3913
7 §3913. Procedure for stray dogs
Status: in_force

1. Persons finding stray dogs. A person finding a stray dog and taking control of that dog shall take that dog to its owner if known or, if the owner is not known, to the animal shelter designated by the municipality in which the dog was found. [PL 1993, c. 657, §14 (RPR).]

2. Dog shelters. [PL 1991, c. 779, §20 (RP).]

2-A. Animal shelter. An animal shelter, as defined in section 3907 , to which a stray dog is taken shall accept the dog for a period of 6 days unless the shelter is in quarantine or has a bona fide lack of adequate space. Except as provided in subsection 2‑B , the acceptance entitles the animal shelter to receive from the department the sum of $4 a day for the period for which food and shelter are furnished to the dog. An animal shelter may refuse to accept dogs from municipalities not contracting with that animal shelter. [PL 2009, c. 343, §9 (AMD).]

2-B. Adoption policy. Beginning January 1, 2010, to be eligible for reimbursement under subsection 2‑A , an animal shelter must have an adoption policy. An adoption policy must provide for a dog to be available for adoption for a minimum of 24 hours except as provided in subsection 6 . [PL 2009, c. 343, §10 (NEW).]

3. Claims; fees. The procedure for filing claims and calculating fees is as follows. A. On the business day next following the date of acceptance of a dog that is not delivered by an animal control officer or person acting in that capacity, the animal shelter shall notify the animal control officer or person acting in that capacity of the respective municipality of the acceptance of the dog, its description and the circumstances of its finding. [PL 1997, c. 690, §11 (AMD).] B. An animal shelter that accepts a dog under this section, within 45 days of acceptance of the dog, shall submit a claim on a department-approved form to the department for fees incurred in providing food and shelter and the animal shelter shall forward a copy of the claim to the clerk of the respective municipality. [PL 1997, c. 690, §11 (AMD).] C. If the owner claims the dog within the 6-day period, the owner may have and receive the dog upon payment of all department-approved fees as provided in subsection 2‑A , the municipal impoundment fee and actual fees incurred for food, shelter, veterinary care and any other fees required by this chapter for each day that the dog has been sheltered, provided that the dog is licensed in accordance with chapter 721 . [PL 1991, c. 779, §22 (AMD).] [PL 1997, c. 690, §11 (AMD).]

4. Ownership of dog. Upon expiration of the 6-day period, ownership of the dog is vested in the animal shelter. The animal shelter may then: A. Except as provided in section 3938‑A , sell or give away the dog, but not to a research facility, if a license is first obtained in accordance with chapter 721 ; or [PL 2007, c. 439, §6 (AMD).] B. Otherwise dispose of the dog humanely in accordance with Title 17, chapter 42, subchapter IV . Except as provided in this section, an animal shelter must hold a dog at least 8 days before euthanasia. [PL 1997, c. 690, §11 (AMD).] Notwithstanding this subsection, ownership of a dog for the purposes of adoption is immediately vested in an animal shelter if the animal shelter makes a determination that the dog is obviously abandoned. An obviously abandoned dog does not include a dog roaming at large. An animal shelter shall establish and collect fees for reclaimed or adopted animals to offset costs of keeping a dog beyond 6 days. None of the proceeds obtained from the sale, donation, adoption or other disposition of the dog may be deducted from the fee claimed. Notwithstanding subsection 3, paragraph C , the previous owner may reacquire the dog at any time prior to its sale, donation or disposal upon payment of the municipal impoundment fee and actual fees incurred for food, shelter, veterinary care and any other fees required by this chapter for each day that the dog has been sheltered. In this case, no fee may be allowed by the department. [PL 2007, c. 439, §6 (AMD).]

5. Euthanasia for sick or injured dogs. [PL 1997, c. 690, §11 (RP).]

6. Euthanasia for severely sick, severely injured or extremely vicious dog. A humane agent, an animal control officer or an animal shelter within the State may authorize in writing immediate euthanasia of a severely sick, severely injured or extremely vicious dog upon determining that the following conditions are met: A. The clerk or animal control officer of the municipality where the dog was found has been notified of the dog's presence and the owner of the dog, if known, has been notified; and [PL 1997, c. 690, §11 (AMD).] B. [PL 1997, c. 690, §11 (RP).] C. A veterinarian states in writing that the dog's recovery from its injury or illness, given reasonable time and reasonable care, is doubtful or that the dog presents a danger to the public. [PL 1997, c. 690, §11 (AMD).] Notwithstanding paragraphs A to C , a veterinarian may authorize immediate euthanasia if, in the veterinarian's judgment, there is no possibility of recovery for a severely injured or sick animal. [PL 1997, c. 690, §11 (AMD).]

7. Immunity from civil liability. A veterinarian, a humane agent, an animal control officer or an animal shelter is not civilly liable to any party for authorization made in accordance with subsection 6 nor is any person performing euthanasia under that authorization. [PL 1997, c. 690, §11 (AMD).]

8. Regulation and inspection. [PL 1991, c. 779, §23 (RP).]

9. Violation. [PL 1991, c. 779, §23 (RP).]
7 M.R.S. § 508 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 508
7 §508. Unlawful acts
Status: in_force

It is unlawful: [PL 1965, c. 65 (NEW).]

1. Alteration. For any person to detach, alter, deface or destroy, in whole or in part, any label or labeling provided for in this subchapter or the rules and regulations promulgated hereunder, or to add any substance to, or take any substance from a hazardous substance in a manner that may defeat the purposes of this subchapter; [PL 1965, c. 65 (NEW).]

2. Use of information. For any person to use for the person's own advantage or to reveal, other than to the commissioner, or officials or employees of the commissioner or officials or employees of the United States Department of Agriculture, or other federal agencies, or to the courts in response to a subpoena, or to physicians, and in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, in accordance with such directions as the commissioner may prescribe, any information relative to formulas of products acquired by authority of this subchapter; [RR 2021, c. 1, Pt. B, §84 (COR).]

3. Interference. For any person to oppose or interfere in any way with the commissioner or the commissioner's duly authorized agents in carrying out the duties imposed by this subchapter; [RR 2021, c. 1, Pt. B, §85 (COR).]

4. False guaranty. For any person to give a guaranty which is false; [PL 1979, c. 541, Pt. A, §47 (AMD).]

5. Manufacture. For any person to manufacture a misbranded package of a hazardous substance within this State; [PL 1979, c. 541, Pt. A, §47 (AMD).]

6. Delivery. For any person to introduce or deliver for introduction into commerce of any misbranded package of a hazardous substance; or [PL 1979, c. 541, Pt. A, §47 (AMD).]

7. Reused food or drugs. To introduce or deliver for introduction into commerce, or the receipt in commerce and subsequent delivery or proffered delivery for pay or otherwise, of a hazardous substance in a reused food, drug or cosmetic container or in a container that, though not a reused container, is identifiable as a food, drug or cosmetic container by its labeling or other identification. The reuse of a food, drug or cosmetic container as a container for a hazardous substance is an act that results in the hazardous substance being a misbranded package. For the purposes of this subsection and section 509 , "drug" has the same meaning as defined in Title 32, section 13702‑A, subsection 11 . [PL 2007, c. 695, Pt. B, §1 (AMD).]
7 M.R.S. § 502 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 502
7 §502. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings. [PL 1979, c. 541, Pt. A, §46 (RPR).]

1. Commissioner. "Commissioner" means the Commissioner of Agriculture, Conservation and Forestry and the commissioner's agents. [RR 2021, c. 1, Pt. B, §78 (COR).]

2. Corrosive. "Corrosive" means any substance which in contact with living tissue causes destruction of tissue by chemical action; but does not refer to action on inanimate surfaces. [PL 1965, c. 65 (NEW).]

3. Department. "Department" means the Department of Agriculture, Conservation and Forestry. [PL 1965, c. 65 (NEW); PL 1979, c. 731, §19 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]

4. Flammable. "Flammable" means any substance which has a flashpoint of above 20 degrees to and including 80 degrees Fahrenheit as determined by the Tagliabue Open Cup Tester, except that the flammability of solids and of the contents of self-pressurized containers is determined by methods generally applicable to such containers and established by regulations issued by the commissioner and "extremely flammable" means any substance which has a flashpoint at or below 20 degrees Fahrenheit as determined by the Tagliabue Open Cup Tester. [PL 1965, c. 65 (NEW).]

5. Hazardous substance. "Hazardous substance" means any substance or mixture of substances which is toxic, corrosive, an irritant, strong sensitizer, flammable, or which generates pressure through decomposition, heat or other means and which may cause substantial personal injury or illness during any customary or reasonable anticipated handling or use including reasonably foreseeable ingestion by children and also means any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the commissioner determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this subchapter in order to protect the public health. [PL 1965, c. 65 (NEW).]

6. Highly toxic. "Highly toxic" means any substance which produces death within 14 days in at least half of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams, when a single dose of 50 milligrams or less per kilogram of body weight, is orally administered or when inhaled continuously for a period of one hour or less at an atmospheric concentration of 200 parts per million by volume or less of gas, vapor, mist or dust, or which produces death within 14 days in at least half of 10 or more rabbits tested in a dosage of 200 milligrams or less per kilogram of body weight, when administered by continuous contact with the bare skin for 24 hours or less. If the commissioner finds that available data on human experience with any substance indicate results different from those on animals in the above-named dosages or concentrations, the human data shall take precedence. [PL 1965, c. 65 (NEW).]

7. Household use. "Household use" means any use, or intended use of an article in or about the living area or living quarters of a house, apartment house or other place of abode. [PL 1965, c. 65 (NEW).]

8. Immediate container. "Immediate container" does not include package liners. [PL 1965, c. 65 (NEW).]

9. Irritant. "Irritant" means any substance, not corrosive, which on immediate, prolonged or repeated contact with normal living tissue will induce inflammatory reaction. [PL 1965, c. 65 (NEW).]

10. Label. "Label" means a display of written, printed or graphic matter upon or attached to the immediate package or container of any substance; and a requirement made by or under authority of this subchapter that any word, statement or other information appear on the label shall not be considered to be complied with unless such word, statement or other information also appears on the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper, and on all accompanying literature where there are directions for use, written or otherwise. [PL 1965, c. 65 (NEW).]

11. Misbranded package. "Misbranded package" or "misbranded package of a hazardous substance" means a hazardous substance in a container intended or suitable for household use unless the product bears a label with the information specified in section 507 , except as otherwise provided by or pursuant to this subchapter. [PL 1965, c. 65 (NEW).]

12. Person. "Person" means and includes any corporation, association, copartnership or one or more individuals. [PL 1965, c. 65 (NEW).]

13. Radioactive substance. "Radioactive substance" means any substance which emits ionizing radiation. [PL 1965, c. 65 (NEW).]

14. Strong sensitizer. "Strong sensitizer" means any substance which will cause on normal living tissue through an allergic or photodynamic process a hypersensitivity which becomes evident on reapplication of the same substance and which is designated as such by the commissioner. Before designating any substance as a strong sensitizer, the commissioner shall find that the frequency of occurrence and severity of the reaction indicate a significant potential for causing hypersensitivity. [PL 1965, c. 65 (NEW).]

15. Toxic. "Toxic" means any substance other than a radioactive substance that has the inherent capacity to produce bodily injury or illness to humans through ingestion, inhalation or absorption through any body surface. [RR 2021, c. 1, Pt. B, §79 (COR).]
7 M.R.S. § 3921-A — ME Code / Title 7 / Part 9 / Chapter 721 / Section 3921-A
7 §3921-A. Permanent identification of wolf hybrids
Status: in_force

The commissioner shall adopt rules to establish methods of identifying wolf hybrids through tattooing, the placement of a microchip under the animal's skin or any other method determined by the commissioner as adequately providing a permanent means of identification on the body of the animal. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A . A person may not own or keep a wolf hybrid under section 3921-B, subsection 2 or under Title 12, section 12152 unless the animal has identification in compliance with the rules adopted under this section. [PL 2011, c. 100, §9 (AMD).]
7 M.R.S. § 2993-A — ME Code / Title 7 / Part 7 / Chapter 604 / Section 2993-A
7 §2993-A. Collection of fees
Status: in_force

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. [PL 1999, c. 161, §2 (NEW).]

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. [PL 1999, c. 161, §2 (NEW).]
7 M.R.S. § 425 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 425
7 §425. Market orders and agreements
Status: in_force

1. Market orders. To carry out the purposes of this subchapter, the commissioner may issue, administer and adopt orders regulating the marketing of any agricultural commodity or designated portion of that commodity. Before issuing a proposed market order or market agreement under this subsection, the commissioner shall, by rule, define the commodity, area and persons proposed to be affected and may, to the extent the commissioner considers necessary, establish by rule the procedures for adopting and implementing that proposal. Such market orders must be proposed and adopted after public hearing, in a manner consistent with the rulemaking provisions of the Maine Administrative Procedure Act. All testimony at the hearings must be received under oath. [RR 2021, c. 1, Pt. B, §66 (COR).]

2. Referendum approval. No market order adopted under this subchapter may take effect unless and until the commissioner determines that the adoption of the order is favored by: A. Not less than 66 2/3% of the persons participating in a referendum in the area affected and having marketed not less than 51% of the total quantity of the commodity which was marketed in the preceding marketing season by all persons that participated in the referendum; or [PL 1981, c. 154, §1 (NEW).] B. Not less than 51% of the persons participating in a referendum in the area affected and having marketed not less than 66 2/3% of the total quantity of the commodity which was marketed in the preceding marketing season by all persons that participated in the referendum. [PL 1981, c. 154, §1 (NEW).] [PL 1981, c. 154, §1 (NEW).]

3. Market agreements. To carry out the declared purposes of this subchapter, the commissioner may enter into market agreements with producers, handlers or processors of agricultural commodities. These market agreements shall be binding only upon the signatories. The market agreements shall be proposed and adopted, after public hearing, in a manner consistent with the rulemaking provisions of the Maine Administrative Procedure Act. All testimony at the hearings shall be received under oath. The commissioner may, by rule, establish the minimum number of signatories necessary to effectuate a market agreement. [PL 1981, c. 154, §1 (NEW).]

4. Coexistence of market orders and market agreements. The commissioner may, in the commissioner's discretion, hold concurrent hearings upon proposed market agreements and proposed market orders. The commissioner may issue a market order without executing a market agreement or may execute a market agreement without issuing a market order covering the same commodity. The execution of a market agreement in no manner affects the issuance, administration or enforcement of any market order for the same agricultural commodity. [RR 2021, c. 1, Pt. B, §67 (COR).]
7 M.R.S. § 1307 — ME Code / Title 7 / Part 3 / Chapter 201 / Section 1307
7 §1307. Records
Status: in_force

The commissioner may require licensed livestock and poultry dealers to keep certain records of transactions in any or all classes of livestock and poultry. The department may establish by rule the length of time that records kept by persons engaging in dealing livestock and poultry must be retained. [PL 2001, c. 572, §8 (AMD).]
7 M.R.S. § 1093 — ME Code / Title 7 / Part 2 / Chapter 105 / Section 1093
7 §1093. Remittance of dues and fair share fees; accounting
Status: in_force

1. Sale of farm products. Subject to subsection 3 , a dealer or processor shall, on or before the 15th day of each month, pay to an association all dues and fair share fees assigned to the association pursuant to section 1091-A with respect to farm products received from members and nonmembers by the dealer or processor during the preceding calendar month. At the time of each monthly payment of dues and fair share fees, the dealer or processor shall provide to the association a summary statement showing, for each member and nonmember, the quantity of farm products received, the payment due to the member and nonmember for those farm products prior to the deduction of dues or fair share fees and the amount of dues or fair share fees deducted therefrom pursuant to the assignment. [PL 2003, c. 329, §4 (AMD).]

2. Performance of farm services. Subject to subsection 3 , a dealer or processor shall, on or before the 15th day of each month, pay to an association all dues and fair share fees assigned to the association pursuant to section 1091-A with respect to services performed by members and nonmembers in the production of farm products that were received by the dealer or processor during the preceding calendar month. At the time of each monthly payment of dues and fair share fees, the dealer or processor shall provide to the association a summary statement showing, for each member and nonmember, the quantity of farm products for which services were performed and the amount of dues or fair share fees deducted therefrom pursuant to the assignment. [PL 2003, c. 329, §4 (AMD).]

3. Flat rate dues and fair share fees deductions. In the event that the dues and fair share fees assigned to the association pursuant to section 1091-A are not calculated on the quantity of farm products sold or tendered by members and nonmembers to the dealer or processor, the dealer or processor shall pay the dues and fair share fees to the association according to the payment schedule contained in the assignment. No payment schedule may require the payment of assigned dues and fair share fees more frequently than once a month. [PL 2003, c. 329, §4 (AMD).]
7 M.R.S. § 3919-C — ME Code / Title 7 / Part 9 / Chapter 720 / Section 3919-C
7 §3919-C. Animal held pending court decision
Status: in_force

When an animal shelter holds an animal at the request or with the approval of the person who seized the animal pending an investigation or disposition by the court of an alleged violation of chapter 739 or Title 17, chapter 42 , the shelter is entitled to receive from the person who seized the animal monetary compensation in accordance with this section for the period for which food and shelter are furnished to the animal. For the purposes of this section, "person who seized the animal" includes a humane agent, law enforcement or an animal control officer permitted by law to obtain a search warrant or to seize animals ex parte. [PL 2015, c. 223, §6 (AMD).]

1. Compensation for dogs and cats. Compensation for a dog or cat is $15 a day. Compensation for a female cat or dog with a litter that has not been weaned is $18 a day. [PL 2021, c. 696, §3 (AMD).]

2. Equines. Compensation for an equine is $20 a day. [PL 2021, c. 696, §4 (AMD).]

3. Livestock. Except for equines, fowl and rabbits, compensation for a livestock animal is between $5 and $20 a day as determined by the department based on the size of the animal. [PL 2021, c. 696, §5 (AMD).]

4. Other animals. Compensation for a rabbit is $2 a day. Compensation for a bird, including poultry, is $1 a day. Compensation for other animals is as determined by the department. [PL 2007, c. 439, §11 (NEW).]
7 M.R.S. § 3981 — ME Code / Title 7 / Part 9 / Chapter 733 / Section 3981
7 §3981. Intrastate transportation of animals
Status: in_force

1. Period of confinement. No railroad, motor truck, common carrier or its receiver, trustee or lessee which transports animals within the State or other person having the care, custody or charge of animals loaded into any such form of transportation may confine the animals in cars, boats, vehicles or vessels of any description for a period longer than 28 consecutive hours without unloading the animals in a humane manner, by means of a chute or tailgate of sufficient size, into properly equipped pens or other suitable enclosures for rest, water and feeding for a period of at least 5 consecutive hours, unless prevented by storm, accident or other unavoidable cause which cannot be anticipated or avoided by the exercise of due diligence and foresight. In estimating the time of confinement, the time consumed in loading and unloading shall not be considered, but the time during which the animals have been confined without such rest, food or water in a car, boat, vehicle or vessel shall be included. [PL 1987, c. 383, §3 (NEW).]

2. Extension of time for confinement. Upon the separate written request of the owner or person in custody of the shipment of animals, the time of confinement may be extended to 36 hours. [PL 1987, c. 383, §3 (NEW).]

3. Sheep. A railroad, motor truck, common carrier or its receiver, trustee or lessee, or other person having the care, custody or charge of sheep loaded into any such form of transportation, is not required to unload sheep in the nighttime, but, when the time expires in the nighttime, the sheep may continue in transit to a suitable place of unloading not exceeding the maximum limitation of 36 hours during which they may be confined. [PL 1987, c. 383, §3 (NEW).]

4. Preference of animals as freight. A railroad, motor truck and common carrier within the State shall give cars, boats, vehicles or vessels containing cattle, sheep, swine or other animals a continuous passage in preference to other freight. Cars, boats, vehicles or vessels loaded with animals at any station shall have precedence over all other freight. [PL 1987, c. 383, §3 (NEW).]

5. Conditions of transportation. Cars, boats, vehicles or vessels shall be sufficiently covered or boarded on the sides and ends to afford proper protection to animals in case of storms or severe cold weather and shall be properly ventilated. A greater number of animals shall not be loaded into any car, boat, vehicle or vessel than can stand comfortably within. No person may transport any animal in or upon any car, boat, vehicle or vessel in a cruel or inhumane manner. [PL 1987, c. 383, §3 (NEW).]

6. Violation. Any person who violates this section commits a civil violation for which a forfeiture of not less than $50 nor more than $500 for every such offense may be adjudged. [PL 1987, c. 383, §3 (NEW).]

7. Construction. Nothing in this chapter may be construed to prohibit the use of strike cages for dogs while in the lawful sport of hunting or in training or the movement of livestock or poultry when standards of the industry are followed. [PL 1997, c. 690, §42 (AMD).]
7 M.R.S. § 3955 — ME Code / Title 7 / Part 9 / Chapter 727 / Section 3955
7 §3955. Leaving the scene of an assault by a dog that causes an injury that requires medical attention for a person
Status: in_force

1. Required actions by owner or keeper. The owner or keeper of a dog that assaults a person and causes an injury that requires medical attention shall comply with the requirements of this section before leaving the scene of the assault: A. The owner or keeper shall secure aid for the injured person, including, as appropriate, securing medical assistance and reporting the assault to the local law enforcement agency; [PL 2019, c. 134, §1 (NEW).] B. After securing aid for the injured person, the owner or keeper may leave the scene on a temporary basis in order to contain the dog that assaulted the person; and [PL 2019, c. 134, §1 (NEW).] C. After securing aid for the injured person and containing the dog that assaulted the person, the owner or keeper shall provide the owner's or keeper's name, current address and contact information to the injured person, a person acting for the injured person or a law enforcement officer. [PL 2019, c. 134, §1 (NEW).] [PL 2019, c. 134, §1 (NEW).]

2. Violation. A violation of this section is a Class D crime. [PL 2019, c. 134, §1 (NEW).]
7 M.R.S. § 20 — ME Code / Title 7 / Part 1 / Chapter 1 / Section 20
7 §20. Confidential information
Status: in_force

1. Types of information. Information provided to the department voluntarily or to fulfill reporting requirements is designated as confidential for the purposes of Title 1, section 402, subsection 3, paragraph A if: A. The person to whom the information belongs or pertains has requested that it be designated as confidential; and [PL 1999, c. 140, §1 (NEW).] B. The department has determined that failure to designate the information as confidential would provide competitors an opportunity to obtain business or competitive advantage over the person to whom the information belongs or pertains or would result in loss or other significant detriment to that person. [PL 1999, c. 140, §1 (NEW).] Summary reports of information designated as confidential may be published using aggregate data that does not reveal the activities of an individual person or firm. [PL 1999, c. 140, §1 (NEW).]
7 M.R.S. § 158 — ME Code / Title 7 / Part 1 / Chapter 6 / Section 158
7 §158. Failure to adopt best management practices
Status: in_force

If the person responsible for a farm, farm operation or agricultural composting operation does not apply best management practices as required by the commissioner, the commissioner shall send a written report to an appropriate agency if a federal or state law has been violated and to the Attorney General. The Attorney General may institute an action to abate a nuisance or to enforce the provisions of this chapter or any other applicable state law, and the court may order the abatement with costs as provided under Title 17, section 2702 , such injunctive relief as provided in this section or by other applicable law, or that a civil violation has been committed. Failure to apply best management practices in accordance with this chapter constitutes a separate civil violation for which a fine of up to $1,000, together with an additional fine of up to $250 per day for every day that the violation continues, may be adjudged. [PL 2007, c. 649, §3 (NEW).]
7 M.R.S. § 51 — ME Code / Title 7 / Part 1 / Chapter 2-B / Section 51
7 §51. Purpose
Status: in_force

The Legislature finds that the public health, safety and welfare is threatened when land immediately adjacent to farmland is developed for human habitation. This development and the uses incident to it are inconsistent with various activities commonly engaged in on farmland, such as the application of agricultural chemicals. The Legislature declares that the purposes of this chapter are: [PL 1989, c. 478, §1 (NEW).]

1. Health impacts. To minimize any health or other adverse impacts which common agricultural activities may have on the occupants of land adjacent to farmland; [PL 1989, c. 478, §1 (NEW).]

2. Agricultural activities. To protect the ability of farmers to engage in common agricultural activities with minimal potential for causing harm to their neighbors; [PL 1989, c. 478, §1 (NEW).]

3. Full land use. To permit the owners of both farmland and adjacent land to maintain to the highest degree possible the full use and enjoyment of their land, but to recognize the importance of agriculture to the economic and social welfare of the State; [PL 1989, c. 478, §1 (NEW).]

4. Production capacity. To conserve agricultural production capacity for present needs and for the future; [PL 1989, c. 478, §1 (NEW).]

5. Harmony. To promote harmony between agriculture and adjacent nonfarm development; [PL 1989, c. 478, §1 (NEW).]

6. Responsibility. To recognize the mutual responsibility of agricultural operators and persons siting nonfarm development adjacent to farmland to take steps to accommodate each other's concerns and the public interest; [PL 1989, c. 478, §1 (NEW).]

7. Public records. For purposes of administering this regulatory program, to create in each municipality and each county registry of deeds a register of farmland which will provide a public record and enable disclosure to potential buyers of real estate and the public regarding the existence of active farming operations in the community that may be incompatible with residential development on lands in the immediate vicinity; and [PL 1989, c. 478, §1 (NEW).]

8. Distance. When farmland is registered for the application of agricultural chemicals, to provide some accommodation for that activity and for adjacent nonfarm developments by distancing them from each other and by providing a reasonable setback for new residential and other particularly sensitive types of development from actively used agricultural land. [PL 1989, c. 478, §1 (NEW).]
7 M.R.S. § 196 — ME Code / Title 7 / Part 1 / Chapter 7 / Section 196
7 §196. Building associations authorized
Status: in_force

The county commissioners of a county or combination of 2 counties in which there is a county extension association may form a county extension building association pursuant to this section and Title 13, chapter 81 . In addition to the powers and authority granted and duties and limitations imposed under Title 13, chapter 81 , the county extension building association has all the powers and authority granted under this section and is subject to all the duties and limitations imposed under this section, except that, in the case of any conflict between this section and Title 13, chapter 81, this section controls. A county extension building association is a political subdivision of the State and a constituted authority for purposes of the United States Internal Revenue Code of 1986, Section 103. [PL 2001, c. 594, §1 (NEW).]

1. Purpose. The purpose of a county extension building association is to acquire, by purchase, lease or otherwise, buildings and other real and personal property to be used by a county extension association in carrying out its public purposes under this chapter. [PL 2001, c. 594, §1 (NEW).]

2. Directors. The county commissioners of the county or counties forming the county extension building association shall determine the method of choosing the building association's directors. A majority of the directors of a county extension building association must be appointed by the county commissioners of the county or counties comprising the affiliated county extension association. [PL 2001, c. 594, §1 (NEW).]

3. Borrowing. In order to carry out its purpose, a county extension building association by a vote of the directors may borrow money on behalf of the county or of either or both of the counties comprising the affiliated county extension association by the issuance of bonds or notes and grant mortgages and security interest in the county extension building association's property to secure the obligations. All bonds or notes must be for a term not to exceed 30 years and contain such terms and conditions as the directors of the county extension building association determine. The bonds or notes may not be an obligation of or pledge the faith and credit of the State or any county or political subdivision other than the county extension building association. Bonds or notes may be issued by the county extension building association under this section without obtaining the consent of any commission, board, bureau or agency of the State or of the county or counties comprising the affiliated county extension association and without any other proceeding or conditions than those proceedings or conditions that are specifically required by this section. [PL 2001, c. 594, §1 (NEW).]

4. Limitations; dissolution. No part of the net earnings of a county extension building association may inure to the benefit of any member, director or officer of the county extension building association or any private individual, except that reasonable compensation may be paid for services rendered, and a member, director or officer of a county extension building association or any private individual is not entitled to share in the distribution of any of the corporate assets on dissolution of the county extension building association. On the dissolution of a county extension building association or on the termination of its activities, the assets of the county extension building association remaining after the payment of its liabilities must be distributed to the county in which the county extension building association is housed. [PL 2001, c. 594, §1 (NEW).]
7 M.R.S. § 241 — ME Code / Title 7 / Part 1 / Chapter 8-D / Section 241
7 §241. Awareness program
Status: in_force

The Commissioner of Agriculture, Conservation and Forestry shall: [PL 1989, c. 194 (NEW); PL 2011, c. 657, Pt. W, §6 (REV).]

1. Public awareness. Produce audio-visual materials, facilitate public service programming, prepare written materials, organize a speakers' bureau and otherwise educate the public. The commissioner, in carrying out these duties, shall address the following needs: maintaining a lasting and sustainable agriculture; protecting our critical rural infrastructures; guaranteeing continued and effective production and marketing of fresh fruits, vegetables and livestock; preserving prime farmland; conserving our soils and water; and generally ensuring the quality of life in rural Maine. [PL 1989, c. 194 (NEW).]

2. Agricultural literacy. Cooperate with the Department of Education to develop instructional materials, train teachers and teacher trainers and otherwise complete actions for utilizing agriculture as an exciting medium for educating students both about society and the natural world, while increasing their literacy by infusing basic agricultural concepts such as agriculture and economics, the dynamics of world hunger, agriculture and history within present subjects taught in Maine schools. [PL 1989, c. 194 (NEW); PL 1989, c. 700, Pt. A, §33 (AMD).]

3. Cooperation. Cooperate with appropriate local, state, and federal agencies and institutions, educational and farm organizations and interested individuals, including the Maine Ag in the Classroom Association, the Department of Education and the Cooperative Extension Service in carrying out this chapter. [PL 1989, c. 194 (NEW); PL 1989, c. 700, Pt. A, §33 (AMD).]
7 M.R.S. § 1814-A — ME Code / Title 7 / Part 4 / Chapter 305 / Section 1814-A
7 §1814-A. License to feed garbage
Status: in_force

1. License required. A person may not feed garbage to swine without first procuring a license from the commissioner. A license may be procured annually for a fee of $25 and must be renewed on the first day of June of each succeeding year. This section does not apply to any person who feeds that person's own household garbage only to swine that are raised for that person's own use. [PL 2001, c. 572, §46 (NEW).]

2. Processing of garbage. Regardless of previous processing, garbage must be thoroughly heated to at least 212 degrees Fahrenheit for at least 30 minutes before being fed to swine unless treated in some other manner that must be approved in writing by the commissioner. [PL 2001, c. 572, §46 (NEW).]

3. Moratorium authorized. When a disease condition exists that may be spread by the feeding of garbage, the commissioner may immediately suspend all garbage feeding licenses and place a moratorium on all garbage feeding in the State. [PL 2001, c. 572, §46 (NEW).]

3-A. Application. An individual, organization or institution, including a public school, that donates garbage to a swine producer for use in swine feed is not required to verify that the swine producer has a license under subsection 1 . The commissioner shall ensure any guidance about this section issued to individuals, organizations or institutions clearly states that the donating individual, organization or institution is not required to verify that the swine producer has a license under subsection 1 and that the individual, organization or institution cannot be held responsible for the enforcement of this section or for any assessment of penalties under this section. [PL 2019, c. 39, §1 (NEW).]

4. Enforcement. The commissioner may enter at reasonable times any private or public property to investigate conditions relating to the treating or feeding of garbage. [PL 2001, c. 572, §46 (NEW).]

5. Penalties. Feeding garbage to swine without a license is a civil violation for which a forfeiture of not less than $250 nor more than $500 for an initial violation and not less than $500 nor more than $1,000 for a subsequent violation may be adjudged. [PL 2001, c. 572, §46 (NEW).]

Feeding garbage to swine during a moratorium imposed by the commissioner is a civil violation for which a penalty of not more than $5,000 may be adjudged. [PL 2001, c. 572, §46 (NEW).]
7 M.R.S. § 2328 — ME Code / Title 7 / Part 5 / Chapter 410 / Section 2328
7 §2328. "Executive head" defined
Status: in_force

As used in the compact, with reference to this State, the term "executive head" means the Governor. [PL 2005, c. 147, §1 (NEW).]
7 M.R.S. § 18-B — ME Code / Title 7 / Part 1 / Chapter 1 / Section 18-B
7 §18-B. Ring holding devices
Status: in_force

A person may not sell or offer for sale products in containers connected by a separate holding device constructed of plastic rings with at least one hole larger than 1 3/4 inches in diameter, unless the device decomposes by photodegradation, chemical degradation or biodegradation within a reasonable period of time upon exposure to the elements, in accordance with regulations adopted by the United States Environmental Protection Agency, effective September 1, 1994 and codified at 40 Code of Federal Regulations, Part 238. [PL 1995, c. 480, §3 (NEW).]
7 M.R.S. § 2404 — ME Code / Title 7 / Part 5 / Chapter 413 / Section 2404
7 §2404. Integrated Pest Management Council
Status: in_force

1. Establishment; meetings. The Integrated Pest Management Council, referred to in this section as the "council," as established in Title 5, section 12004-G, subsection 3-C , is created within the department and is administered jointly by the department and the University of Maine Cooperative Extension Pest Management Office. Members of the council must be jointly appointed by the commissioner and the Director of the University of Maine Cooperative Extension. The council must meet at least 2 times a year. Members are entitled to reimbursement for expenses only in accordance with Title 5, chapter 379 . [PL 2001, c. 667, Pt. B, §4 (AMD); PL 2001, c. 667, Pt. B, §5 (AFF).]

2. Membership. The council consists of the following 11 members: A. Three members representing agricultural pest management; [PL 2001, c. 497, §3 (NEW).] B. One member representing a citizen interest organization; [PL 2001, c. 497, §3 (NEW).] C. One member representing the interest of forestry; [PL 2001, c. 497, §3 (NEW).] D. One member representing organic growers and producers; [PL 2001, c. 497, §3 (NEW).] E. One member representing structural pest management; [PL 2001, c. 497, §3 (NEW).] F. One member representing rights-of-way vegetation management; [PL 2001, c. 497, §3 (NEW).] G. One member representing turf or landscape management; [PL 2001, c. 497, §3 (NEW).] H. One member representing a nonprofit environmental organization; and [PL 2001, c. 497, §3 (NEW).] I. One member representing integrated pest management research. [PL 2001, c. 497, §3 (NEW).] [PL 2001, c. 497, §3 (NEW).]

3. Term of office. The term of office for members is 3 years except that, of the original members appointed, the appointing authority shall appoint members to serve one-year, 2-year and 3-year terms to establish staggered terms. [PL 2001, c. 497, §3 (NEW).]

4. Coordinators. The commissioner and the Director of the University of Maine Cooperative Extension shall each appoint one member of the council to serve as a cocoordinator of the council. [PL 2001, c. 497, §3 (NEW).]

5. Duties; responsibilities. The council shall facilitate, promote, expand and enhance integrated pest management adoption in all sectors of pesticide use and pest management within the State. Specifically, the council shall: A. Identify long-term and short-term priorities for integrated pest management research, education, demonstration and implementation; [PL 2001, c. 497, §3 (NEW).] B. Serve as a communication link for the development of coordinated multidisciplinary partnerships among researchers, educators, regulators, policymakers and integrated pest management users; [PL 2001, c. 497, §3 (NEW).] C. Identify funding sources and cooperate on obtaining new funding for on-site trials, education and training programs and other efforts to meet identified goals for expanding, advancing and implementing integrated pest management; [PL 2001, c. 497, §3 (NEW).] D. Establish measurable goals for expansion of integrated pest management into new sectors and advancing the level of integrated pest management adoption in sectors where integrated pest management is already practiced; and [PL 2001, c. 497, §3 (NEW).] E. Cooperate with appropriate organizations to establish protocols for measuring and documenting integrated pest management adoption in the State. [PL 2001, c. 497, §3 (NEW).] [PL 2001, c. 497, §3 (NEW).]

6. Report. The council shall report to the joint standing committee of the Legislature having jurisdiction over agricultural matters annually on all of the council's activities during the year. [PL 2001, c. 497, §3 (NEW).]
7 M.R.S. § 2953-B — ME Code / Title 7 / Part 7 / Chapter 603 / Section 2953-B
7 §2953-B. Hearings in a new or expanded market area
Status: in_force

At least 14 days and not more than 21 days prior to designating a new or expanded natural market area, the commission shall hold a public hearing in the proposed area to determine whether to designate that area as a market. As a basis for its determinations, the commission shall solicit and seek to receive oral and written testimony in addition to the data received through the implementation of the information gathering procedures of its rules and regulations. Due notice of the public hearing shall be given by publishing the notice as provided in the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1979, c. 672, Pt. A, §39 (NEW).]
7 M.R.S. § 85 — ME Code / Title 7 / Part 1 / Chapter 4 / Section 85
7 §85. Fair Fund
Status: in_force

The Treasurer of State shall establish the Fair Fund and shall annually credit a sum of money equal to 5% of the total amount designated as state share in accordance with Title 8, section 286 to the Fair Fund. The commissioner shall make distributions from the Fair Fund only to licensees eligible for a stipend under section 86, subsections 5 and 6 . Distributions are prorated according to the amount of premiums actually paid by those licensees in full and in cash or valuable equivalent. Restrictions on premiums used to determine apportionment of a stipend under section 86, subsection 5 apply to distribution from the Fair Fund. [PL 2025, c. 161, §2 (AMD).]
7 M.R.S. § 95 — ME Code / Title 7 / Part 1 / Chapter 4 / Section 95
7 §95. Restriction on sale of goods and refreshments; lease of land
Status: in_force

1. Sale of goods and exhibitions restricted. A person who sells refreshments or other merchandise, or exhibits a show or play, unless in that person's own dwelling or usual place of business, within a quarter of a mile of the fairgrounds during the time a licensed fair is conducted is subject to a forfeit of not more than $100 to the licensee. [PL 2005, c. 563, §3 (NEW).]

2. Lease restricted. A person who leases any land or building adjoining or overlooking the fairgrounds to spectators of an exhibition on the fairgrounds during the time of the exhibition, without the written consent of the licensee, is subject to a forfeit of not more than $100 to the licensee. [PL 2005, c. 563, §3 (NEW).]

3. Recovery on complaint. A forfeiture under this section may be recovered on complaint of the licensee. [PL 2005, c. 563, §3 (NEW).]
7 M.R.S. § 434 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 434
7 §434. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 658, §1 (NEW).]

1. Agricultural enterprise. "Agricultural enterprise" means a person or business located in this State and engaged or beginning to engage in the commercial growing or harvesting of plants; raising of animals; growing or obtaining plant or animal by-products; aquaculture, as defined in Title 12, section 6001, subsection 1 ; or further processing, storing, packaging or marketing a raw product derived from plants, animals, plant or animal by-products or aquaculture, as defined in Title 12, section 6001, subsection 1 , with the intent that the product be sold or otherwise disposed of to generate income. "Agricultural enterprise" includes a business or activity that attracts visitors to a farm for the purpose of supplementing income from the primary crop or livestock operation. "Agricultural enterprise" does not include a business engaged primarily in the growing, harvesting or further processing of forest species of trees for the purpose of producing pulp or other materials used in the paper manufacturing or wood manufacturing process. [PL 2021, c. 710, §4 (AMD).]

2. Direct marketing. [PL 2007, c. 660, §9 (RP).]
7 M.R.S. § 2155 — ME Code / Title 7 / Part 5 / Chapter 403 / Section 2155
7 §2155. Records and proceedings
Status: in_force

1. Administration. The seed board shall elect a secretary, who need not be a member of the board. The Maine Potato Board as established in Title 36, section 4603 , upon recommendation of the seed board, may employ a managing director and other employees necessary to fulfill the responsibilities and implement all programs authorized under this chapter. The seed board shall keep a record of all of its proceedings. All expenses incurred by the seed board must be paid by the Maine Potato Board from the seed potato account. [PL 2009, c. 379, §5 (AMD).]

2. Program plan. The seed board shall present to the Maine Potato Board established in Title 36, section 4603 , at least annually, a program plan for the Maine Potato Board's consideration and specific action. The plan must include an assessment of the seed potato industry, a projection of demand for seed by variety in the various marketing areas, the impact of significant changes in seed potato acreage, the capital needs of the seed board's production facilities, considering current and future technology, proposals to improve the varieties and quality of Maine seed potatoes, recommendations to promote the sale of Maine seed and other such matters the seed board determines appropriate. [PL 2009, c. 379, §5 (AMD).]
7 M.R.S. § 1812-A — ME Code / Title 7 / Part 4 / Chapter 305 / Section 1812-A
7 §1812-A. Brucellosis in swine
Status: in_force

The commissioner shall, in a manner consistent with the Maine Administrative Procedure Act, formulate and implement rules for the prevention, control and eradication of brucellosis in swine. Where infection has been found, all swine must be quarantined to the premises until all swine in the infected herd are in compliance with rules or may be slaughtered as the commissioner may direct. [PL 2001, c. 572, §43 (RPR).]
7 M.R.S. § 3920 — ME Code / Title 7 / Part 9 / Chapter 720 / Section 3920
7 §3920. Certified rabies vaccinator
Status: in_force

1. Appointment and certification. Except as provided in subsection 5 , the commissioner, in consultation with the Animal Welfare Advisory Council, as established by Title 5, section 12004‑I, subsection 2‑C and as described in section 3906‑C , shall appoint one or more persons in each county to administer rabies vaccines to animals. Upon initial appointment, a person must complete training in accordance with section 3906‑B, subsection 18 in order to become a certified rabies vaccinator. A certified rabies vaccinator serves in a volunteer capacity unless the person is an employee of the State or an animal shelter licensed under section 3932‑A . A certified rabies vaccinator must be under the direct supervision or indirect supervision of a licensed veterinarian to administer rabies vaccines to animals. A humane agent may serve as a certified rabies vaccinator. A certified rabies vaccinator is authorized to act until termination of appointment by the commissioner or until resignation of the certified rabies vaccinator. [PL 2025, c. 141, §7 (NEW).]

2. Scope and duration. A certified rabies vaccinator shall acknowledge in writing that the certified rabies vaccinator understands the scope and duration of service. [PL 2025, c. 141, §7 (NEW).]

3. Immunity from civil liability. A certified rabies vaccinator is not civilly liable to any party for actions made in accordance with this chapter. [PL 2025, c. 141, §7 (NEW).]

4. Rulemaking. The commissioner shall adopt rules to establish procedures for appointment and certification of certified rabies vaccinators. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 141, §7 (NEW).]

5. Animal shelter requests. An animal shelter licensed under section 3932‑A may submit a request to the commissioner that a member of the animal shelter's staff be appointed as a certified rabies vaccinator in a limited capacity. The request must be submitted in writing by the animal shelter's veterinarian of reference. A certified rabies vaccinator authorized under this subsection may administer vaccines only to animals in the care of the animal shelter or at an antirabies clinic established pursuant to section 3917 . [PL 2025, c. 141, §7 (NEW).]
7 M.R.S. § 770 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 770
7 §770. Rules for administration
Status: in_force

The commissioner after reasonable notice and hearing may promulgate and enforce rules for the administration of this subchapter, in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375 , and grant exemptions from specific requirements of this subchapter as, from time to time, may be required. [PL 1987, c. 425, §§ 1, 3 (NEW).]
7 M.R.S. § 4041 — ME Code / Title 7 / Part 9 / Chapter 741 / Section 4041
7 §4041. Animal trespass
Status: in_force

1. Definitions. [PL 1999, c. 254, §15 (RP).]

1-A. Trespass. An owner or keeper of an animal may not allow that animal to enter onto or remain on the property of another or unattended on any local, county or state road or highway after the owner or keeper has been informed by a law enforcement officer, authorized employee of the department or animal control officer that that animal was found on that property or on that local, county or state road or highway. [PL 2011, c. 18, §1 (AMD).]

2. Removal. The owner or keeper of an animal is responsible, at the owner's or keeper's expense, for removing any animal found trespassing. An animal control officer, authorized employee of the department or law enforcement officer may, at the owner's or keeper's expense, remove and control an animal found trespassing if: A. The owner or keeper fails to remove the animal after having been notified by an animal control officer, authorized employee of the department or law enforcement officer that the animal was trespassing; or [PL 2011, c. 18, §1 (AMD).] B. The animal is an immediate danger to itself, persons or another's property. [PL 1999, c. 254, §15 (AMD).] [PL 2011, c. 18, §1 (AMD).]

3. Civil violation. A person commits a civil violation if an animal owned or kept by that person is found trespassing and: A. That person fails to remove the animal within 12 hours, or immediately if public safety or private or public property is threatened, after having been personally notified by an animal control officer, authorized employee of the department or law enforcement officer that the animal was trespassing; or [PL 2011, c. 18, §1 (AMD).] B. [PL 1999, c. 254, §15 (RP).] C. That person owns an animal or animals that have been found trespassing on 5 or more days within a 30-day period or 3 or more days within a 7-day period. [PL 2011, c. 18, §1 (NEW).] [PL 2011, c. 18, §1 (AMD).]

4. Fines. A person who violates this section is subject to the following fines. A. A person who violates this section commits a civil violation for which a fine of not less than $50 nor more than $500 must be adjudged. [PL 2013, c. 348, §1 (NEW).] B. A person who violates this section after having been adjudicated as having committed a violation of this section commits a civil violation for which a fine of $1,000 must be adjudged. [PL 2013, c. 348, §1 (NEW).] C. A person who violates this section after having been adjudicated as having committed 2 or more violations of this section commits a civil violation for which a fine of $2,500 must be adjudged. [PL 2013, c. 348, §1 (NEW).] [PL 2013, c. 348, §1 (RPR).]

4-A. Restitution; court costs and fees. In addition to fines, the court may as part of the sentencing include an order of restitution for costs incurred in removing and controlling the animal. When appropriate, the court may order restitution to the property owner based on damage done and financial loss. Any restitution ordered and paid must be deducted from the amount of any judgment awarded in a civil action brought by the property owner against the owner or keeper of the animal based on the same facts. When an owner or keeper violates this section 3 or more times within a 90-day period, the court shall order restitution of all costs incurred by the department in responding to a violation of this section or assisting an animal control officer or law enforcement officer responding to a violation of this section. Upon application of the department, municipality or law enforcement agency enforcing this section, the owner or keeper of the animal must also pay reasonable court costs and attorney's fees of the department, municipality or law enforcement agency if the department, municipality or law enforcement agency is the prevailing party in any court proceeding. [PL 2013, c. 348, §2 (NEW).]

4-B. Forfeiture. If the department, a municipality or a law enforcement agency determines that a repeated violation of this section by an owner or keeper of an animal jeopardizes the public health, welfare or safety of the community, the department, municipality or law enforcement agency may bring a forfeiture action in the county in which the violations occurred under Title 14, section 506 . In an action brought under this subsection, the burden of proof is on the department, municipality or law enforcement agency. If a court determines that a repeated violation of this section jeopardizes the public health, welfare or safety of the community, the court may order any animal that is the subject of the violation sold in a commercially reasonable manner and apply the proceeds to any fine, fee, restitution or cost owed by the owner or keeper under this section with any remaining balance returned to the owner or keeper of the animal. [PL 2013, c. 348, §2 (NEW).]

5. Exemption. A person is not liable under this section if, at the time of the alleged trespass, that person was licensed or privileged to allow the animal to be on the property. [PL 1999, c. 254, §15 (AMD).]

6. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Animal" does not include cats. [PL 2011, c. 18, §1 (NEW).] B. "Authorized employee of the department" means a humane agent or any other employee of the department designated by the commissioner to assist with compliance and enforcement of this section. [PL 2011, c. 18, §1 (NEW).] [PL 2011, c. 18, §1 (AMD).]
7 M.R.S. § 2191 — ME Code / Title 7 / Part 5 / Chapter 404 / Section 2191
7 §2191. Advisory council established
Status: in_force

The Maine Arborist Advisory Council, as established in Title 5, section 12004-I, subsection 1-A and referred to in this section as the "council," advises the commissioner on the licensing and enforcement of arborists in the State. [PL 2001, c. 299, §8 (NEW).]

1. Membership; terms; meetings; removal. The council consists of 7 members appointed by the commissioner. Of the 7 members, one must be a member representing the public and 6 must be arborists licensed by the State. Of the 6 arborists, one must be a licensed arborist employed by a municipality of the State; one must be an employee of an electrical transmission company; one must be a self-employed arborist; and one must serve on the governing council of a statewide professional organization for licensed arborists. All regions of the State must be represented on the council. Members serve for a term of 3 years. At the end of a term an outgoing member serves until a successor has been appointed. A member may not serve more than 2 consecutive terms. The council shall meet at least annually to conduct business and to elect officers. A quorum consists of at least 4 members. The affirmative vote of a majority of the members present is necessary to decide any business brought before the council. A member may be removed by the commissioner for: A. Failure to attend council meetings; [PL 2001, c. 299, §8 (NEW).] B. Failure to maintain a valid arborist license, if required to do so; [PL 2001, c. 299, §8 (NEW).] C. Moving out of the State; or [PL 2001, c. 299, §8 (NEW).] D. Cause, as determined by the commissioner. [PL 2001, c. 299, §8 (NEW).] Members may not be compensated except for expenses incurred in attending meetings. A commercial arborist who is a present or former member of the council may not use membership on the council in the advertising of the arborist's business. [PL 2001, c. 299, §8 (NEW).]

2. Duties of council. The council shall: A. Consult with the department on matters in which the members have individual or collective expertise; [PL 2001, c. 299, §8 (NEW).] B. Assist the department in developing and updating arborist exams; [PL 2001, c. 299, §8 (NEW).] C. Recommend to the department amendments to arborist licensing laws and rules to ensure they properly regulate the activities of licensed arborists in the State; and [PL 2001, c. 299, §8 (NEW).] D. Assist the department with investigating complaints of unprofessional conduct and recommend a course of action to resolve such complaints. [PL 2001, c. 299, §8 (NEW).] [PL 2001, c. 299, §8 (NEW).]
7 M.R.S. § 506 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 506
7 §506. Withdrawal from sale; condemnation and confiscation
Status: in_force

1. "Withdrawal from sale" orders. When the commissioner finds by inspection or examination of a hazardous substance that it is being sold or distributed in violation of any of the provisions of this subchapter, the commissioner may issue and enforce a written or printed "withdrawal from sale" order warning the distributor not to dispose of the hazardous substance in any manner until written permission is given by the commissioner or the court. The issuance of such an order may not be considered licensing or an adjudicatory proceeding as defined by the Maine Administrative Procedure Act. The commissioner shall release the hazardous substance so withdrawn when the provisions and regulations have been complied with and all costs and expenses incurred in the withdrawal have been paid. If compliance is not obtained within 30 days, the commissioner may begin proceedings for condemnation. [RR 2021, c. 1, Pt. B, §81 (COR).]

2. Condemnation and confiscation. Any hazardous substance not in compliance with this subchapter shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which said hazardous substance is located. In the event the court finds the said hazardous substance to be in violation of this subchapter, and orders the condemnation of said hazardous substance, it shall be disposed of in any manner consistent with the quality of the hazardous substance and the laws of the State. In no instance shall the disposition of said hazardous substance be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said hazardous substance or for permission to process or relabel said hazardous substance to bring it into compliance with this subchapter. [PL 1965, c. 65 (NEW).]
7 M.R.S. § 402-B — ME Code / Title 7 / Part 2 / Chapter 101 / Section 402-B
7 §402-B. Annual General Fund transfer
Status: in_force

On or before July 31st of each fiscal year, the State Controller shall transfer $500,000 from General Fund undedicated revenue to the Agriculture Promotion Fund established in section 402-A . [PL 2017, c. 284, Pt. RRRRR, §1 (NEW).]
7 M.R.S. § 3153-A — ME Code / Title 7 / Part 7 / Chapter 611 / Section 3153-A
7 §3153-A. Dairy stabilization subsidy
Status: in_force

If the base price of milk falls below $16.94 per hundredweight in any month beginning September 1, 2003 and ending May 31, 2004, the administrator of the Maine Milk Pool shall distribute to Maine milk producers on a per hundredweight basis 40% for the months of January to May 2004 of the difference between $16.94 per hundredweight and the base price of milk per hundredweight. The amount distributed for milk produced during the period between January 1, 2004 and May 31, 2004 may not exceed $2,100,000. The Governor shall provide these funds to the Maine milk pool administrator for distribution to Maine milk producers, as provided for in this section, during the months of October 2003 to June 2004. The base price of milk is the Suffolk County, Massachusetts Class I price of milk as determined for each month by the Northeast Market Administrator of the United States Department of Agriculture. [PL 2003, c. 522, §1 (AMD).]
7 M.R.S. § 2401 — ME Code / Title 7 / Part 5 / Chapter 413 / Section 2401
7 §2401. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 609, §2 (NEW).]

1. Integrated pest management. "Integrated pest management" means the selection, integration and implementation of pest damage prevention and control based on predicted socioeconomic and ecological consequences, including: A. Understanding the system in which the pest exists; [PL 1991, c. 609, §2 (NEW).] B. Establishing dynamic economic or aesthetic injury thresholds and determining whether the organism or organism complex warrants control; [PL 1991, c. 609, §2 (NEW).] C. Monitoring pests and natural enemies; [PL 1991, c. 609, §2 (NEW).] D. When needed, selecting the appropriate system of cultural, mechanical, genetic, including resistant cultivars, biological or chemical prevention techniques or controls for desired suppression; and [PL 1991, c. 609, §2 (NEW).] E. Systematically evaluating the pest management approaches utilized. [PL 1991, c. 609, §2 (NEW).] [PL 1991, c. 609, §2 (NEW).]
7 M.R.S. § 2910-A — ME Code / Title 7 / Part 7 / Chapter 601 / Section 2910-A
7 §2910-A. Injunctions by commissioner
Status: in_force

In addition to any other remedy for the enforcement of sections 2901‑C to 2903‑B or a rule, order or decision by the commissioner adopted or issued pursuant to this chapter, the commissioner is authorized to apply to the Superior Court for a preliminary or permanent injunction restraining any person from violating any provision of sections 2901‑C to 2903‑B or any rule, order or decision of the commissioner adopted or issued pursuant to this chapter. The Superior Court has jurisdiction upon hearing and for good cause shown to grant a preliminary or permanent injunction. In case of violation of an injunction issued under this section, the court may cite the person for contempt of court. The existence of either civil or criminal remedies is not a defense in this proceeding. The commissioner is not required to give or post a bond when making an application for an injunction under this section. [PL 2005, c. 270, §8 (AMD).]
7 M.R.S. § 19 — ME Code / Title 7 / Part 1 / Chapter 1 / Section 19
7 §19. Holding of real estate
Status: in_force

The commissioner may accept, hold, administer, retain and dispose of interests in real estate in order to further the purposes of this Title. [PL 2001, c. 548, §3 (AMD).]
7 M.R.S. § 543 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 543
7 §543. Access
Status: in_force

The commissioner, in person or by deputy, has 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. The commissioner may, in person or by deputy, open any box or other container and may, upon tendering the market price, take samples therefrom. [RR 2021, c. 1, Pt. B, §91 (COR).]
7 M.R.S. § 2805 — ME Code / Title 7 / Part 6-A / Chapter 527 / Section 2805
7 §2805. Access to apiaries
Status: in_force

Inspectors may enter, at all reasonable times, upon the premises of any keeper of bees or hive locations and make the examination of such bees, equipment and appliances found on the premises as the inspector considers necessary to determine the presence of contagious or infectious diseases or parasites. [RR 2021, c. 1, Pt. B, §136 (COR).]
7 M.R.S. § 994 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 994
7 §994. Administration
Status: in_force

The commissioner shall administer and enforce sections 991 to 994 and has and may exercise any or all of the administrative powers conferred upon the head of a department of the State. In order to effectuate the declared purposes of said sections, the commissioner is authorized to issue, administer and enforce the marketing orders regulating the marketing of potatoes within the State. [RR 1999, c. 2, §10 (COR).]

Whenever the commissioner has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of sections 991 to 994 , the commissioner shall, in a manner consistent with the rule-making provisions of the Maine Administrative Procedure Act, either upon the commissioner's own motion or upon application of any producer or handler of potatoes, give due notice of and an opportunity for a public hearing upon a proposed marketing order. [RR 1999, c. 2, §10 (COR).]

Due notice of any hearing called for such purpose must be given to all persons who may be directly affected by any action of the commissioner pursuant to sections 991 to 994 and whose names appear upon lists to be filed with the commissioner. Such hearing must be open to the public. All testimony must be received under oath and a full and complete record of all proceedings at any such hearing must be made and filed by the commissioner at the commissioner's office. [RR 1999, c. 2, §10 (COR).]

In order to effectuate the declared policy of sections 991 to 994 , the commissioner has the power, after due notice and opportunity for hearing, to enter into marketing agreements with handlers, producers and others engaged in the handling of potatoes, regulating the preparation, sale and handling of potatoes, which said marketing agreement is binding upon the signatories thereto exclusively. The execution of such marketing agreement may in no manner affect the issuance, administration or enforcement of any marketing order provided for in sections 991 to 994 . The commissioner may issue such marketing order without executing a marketing agreement or may execute a marketing agreement without issuing a marketing order covering the same subject matter. The commissioner, in the commissioner's discretion, may hold a concurrent hearing upon a proposed marketing agreement and a proposed marketing order in the manner provided for giving due notice and opportunity for hearing for a marketing order as provided in sections 991 to 994 . [RR 1999, c. 2, §10 (COR).]

After such notice and hearing, the commissioner may issue a marketing order if the commissioner finds it will tend to effectuate the declared policy of sections 991 to 994 , subject to the following: [RR 1999, c. 2, §10 (COR).]

1. Approved by 2/3 of producers participating in referendum. No marketing order or amendment thereto issued pursuant to sections 991 to 994 may become effective unless and until the commissioner determines that the issuance of such order is approved and favored by at least 2/3 of the producers who participated in a referendum on the question of its approval and who, during the preceding fiscal year, have been engaged in the production of potatoes for market within the production area specified in such marketing order, and who, during such year, have produced at least 2/3 of the volume of potatoes produced for market within such production area specified herein by all producers who participated in the said referendum. [RR 1999, c. 2, §10 (COR).]

2. Assent of handlers. No marketing agreement or amendment thereto, directly affecting handlers, issued pursuant to sections 991 to 994 , may become effective unless and until the commissioner finds that such agreement has been assented to in writing by the handlers who handle not less than 50% of the volume of the potatoes handled within the area defined in such agreement and by not less than 50% of the number of handlers engaged in handling potatoes within such area. [RR 1999, c. 2, §10 (COR).]
7 M.R.S. § 951 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 951
7 §951. Official standards
Status: in_force

The Commissioner of Agriculture, Conservation and Forestry is authorized and empowered, after holding public hearings in a manner consistent with the Maine Administrative Procedure Act, to establish and promulgate official definitions and standards for grading, or classifying, packing and labeling potatoes and to change such official standards from time to time. [PL 1977, c. 694, §89 (AMD); PL 1977, c. 694, §89 (AMD); PL 1979, c. 731, §19 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]

Such official standards shall not be lower in their requirements than the minimum requirements of the official standards 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. [PL 1965, c. 219, §2 (RPR).]

Notwithstanding the provisions of article 4, the commissioner after consultation with the Maine Potato Board may require, by rules adopted pursuant to the Maine Administrative Procedure Act, the inspection of all consumer packs of potatoes for conformity with the U.S. #1 grade or other grades. Inspection under any rule adopted pursuant to this section must be performed by a licensed federal-state potato inspector, state potato inspector or seed potato inspector. At the request of and in consultation with the Maine Potato Board, the commissioner shall initiate rulemaking to require inspection of consumer packs of potatoes. [PL 1997, c. 388, §2 (AMD).]

A person who violates rules adopted under this section commits a civil violation for which a forfeiture not to exceed $1,000 for the first offense and $2,000 for any subsequent offense may be adjudged. [PL 1995, c. 298, §2 (NEW).]
7 M.R.S. § 1025 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 1025
7 §1025. Forfeiture of bond; recovery on bond
Status: in_force

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. [PL 2005, c. 333, §4 (AMD).]

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 . [PL 2005, c. 333, §4 (NEW).]
7 M.R.S. § 3939 — ME Code / Title 7 / Part 9 / Chapter 723 / Section 3939
7 §3939. Dog licenses
Status: in_force

Nothing in this chapter may be construed to exempt licensed facilities from the license requirements of chapter 721 . [PL 1993, c. 657, §37 (NEW).]
7 M.R.S. § 2316 — ME Code / Title 7 / Part 5 / Chapter 410 / Section 2316
7 §2316. Compact and insurance fund administration -- Article V
Status: in_force

1. Administration. In each party state there is a compact administrator who is selected and serves in such a manner as the laws of the administrator's state provide and who shall: A. Assist in the coordination of activities pursuant to the compact in the administrator's state; and [PL 2005, c. 147, §1 (NEW).] B. Represent the administrator's state on the governing board of the insurance fund. [PL 2005, c. 147, §1 (NEW).] [PL 2005, c. 147, §1 (NEW).]

2. United States representatives. If the laws of the United States specifically so provide, or if administrative provision is made therefor within the Federal Government, the United States may be represented on the governing board of the insurance fund by up to 3 representatives. Any such representative or representatives of the United States must be appointed and shall serve in a manner provided by or pursuant to federal law, but no such representative has a vote on the governing board or on the executive committee. [PL 2005, c. 147, §1 (NEW).]

3. Meetings. The governing board shall meet at least once each year for the purpose of determining policies and procedures in the administration of the insurance fund and, consistent with the compact, supervising and giving direction to the expenditure of money from the insurance fund. Additional meetings of the governing board must be held on call of the chair, the executive committee or a majority of the membership of the governing board. [PL 2005, c. 147, §1 (NEW).]

4. Applications. When in session, the governing board shall decide upon applications for assistance from the insurance fund and authorize disbursements therefrom. When the governing board is not in session, the executive committee shall act as agent of the governing board with full authority to act for it in deciding upon such applications. [PL 2005, c. 147, §1 (NEW).]

5. Executive committee. The executive committee is composed of the chair of the governing board and 4 additional members of the governing board chosen by the governing board so that there is one member representing each of 4 geographic groupings of party states. The governing board shall make those geographic groupings. If there is representation of the United States on the governing board, one representative may meet with the executive committee. The chair of the governing board is chair of the executive committee. An action of the executive committee is not binding unless taken at a meeting at which at least 4 members of the committee are present and vote in favor thereof. Necessary expenses of each of the 5 members of the executive committee incurred in attending meetings of the committee, when not held at the same time and place as a meeting of the governing board, are charges against the insurance fund. [RR 2021, c. 1, Pt. B, §134 (COR).]
7 M.R.S. § 320-C — ME Code / Title 7 / Part 1 / Chapter 10-C / Section 320-C
7 §320-C. Maine Agriculture, Food System and Forest Products Infrastructure Investment Advisory Board
Status: in_force

1. The Maine Agriculture, Food System and Forest Products Infrastructure Investment Advisory Board. The Maine Agriculture, Food System and Forest Products Infrastructure Investment Advisory Board established in Title 5, section 12004‑J, subsection 1‑A , referred to in this section as "the board," is created to oversee and determine expenditures from the Maine Agriculture, Food and Forest Products Investment Fund in section 320‑B . [PL 2021, c. 483, Pt. KK, §2 (NEW).]

2. Membership. The board consists of the commissioner or the commissioner's designee, the Commissioner of Economic and Community Development or the commissioner's designee and 15 members appointed jointly by the commissioner and the Commissioner of Economic and Community Development as follows: A. One member of a statewide industry group representing conventional nondairy farming; [PL 2021, c. 483, Pt. KK, §2 (NEW).] B. One member of a statewide industry group representing organic nondairy farming; [PL 2021, c. 483, Pt. KK, §2 (NEW).] C. One member of a statewide industry group representing dairy producers; [PL 2021, c. 483, Pt. KK, §2 (NEW).] D. One member of a statewide industry group representing the forest products industry; [PL 2021, c. 483, Pt. KK, §2 (NEW).] E. Two members from relevant financial institutions with experience in the agricultural and forest products industries; [PL 2021, c. 483, Pt. KK, §2 (NEW).] F. One manufacturer of forest products; [PL 2021, c. 483, Pt. KK, §2 (NEW).] G. One manufacturer of value-added agricultural products or representative of the value-added agricultural products industry; [PL 2021, c. 483, Pt. KK, §2 (NEW).] H. Two members representing the supply chain in processing, manufacturing or distribution; [PL 2021, c. 483, Pt. KK, §2 (NEW).] I. One member actively engaged in providing marketing assistance, market development or business and financial planning; [PL 2021, c. 483, Pt. KK, §2 (NEW).] J. One member from a statewide group representing the logging and trucking industry; [PL 2021, c. 483, Pt. KK, §2 (NEW).] K. One member who is a member of a federally recognized Indian nation, tribe or band in this State; and [PL 2021, c. 483, Pt. KK, §2 (NEW).] L. Two members who represent historically underserved racial populations in nondairy farming. [PL 2021, c. 483, Pt. KK, §2 (NEW).] Board membership must reflect a diversity of skills and experience relevant to investment in agricultural, food and forest products processing and manufacturing industries and represent the racial diversity of the food system in the State with specific representation by Indian tribes, communities of color and other underserved communities and populations. [PL 2021, c. 483, Pt. KK, §2 (NEW).]

3. Terms; officers; committees; rules. Board members serve for 3-year terms and may serve no more than 2 consecutive terms. The members shall elect a chair and may elect officers, establish one or more committees or subcommittees and adopt such procedural rules as the members determine necessary and appropriate to perform the board's work. [PL 2021, c. 483, Pt. KK, §2 (NEW).]

4. Quorum; meeting; voting. A majority of the sitting members constitute a quorum, and action taken by the board may be authorized by a majority of the members present and voting at any regular or special meeting at which a quorum is present. The board may permit any or all members to participate in a regular or special meeting by or conduct the meeting through the use of any means of communication, including electronic telecommunications or a telephone conference call, by which all members participating may communicate with each other during the meeting. A member participating in a meeting by means approved by the board under this subsection is deemed to be present in person at the meeting. [PL 2021, c. 483, Pt. KK, §2 (NEW).]

5. Reimbursement. A member of the board is entitled to reimbursement of mileage and other incidental expenses, if funds are available for such purposes, pursuant to Title 5, chapter 379 . [PL 2021, c. 483, Pt. KK, §2 (NEW).]

6. Powers and duties of board. The board, in determining disbursements of the Maine Agriculture, Food and Forest Products Investment Fund, shall: A. Facilitate strategic investments in the State's agricultural, food and forest products processing and manufacturing industries, including value-added products; [PL 2021, c. 483, Pt. KK, §2 (NEW).] B. Foster an environment that encourages innovation, sustainable growth, equity and inclusion; [PL 2021, c. 483, Pt. KK, §2 (NEW).] C. Implement and maintain business technical assistance programs in support of the fund and other funds as needed; [PL 2021, c. 483, Pt. KK, §2 (NEW).] D. Determine and devise a process for requests for proposals to perform 3rd‑party services in support of and for the management and administration of the fund and other potential natural resource-related funds as needed and for technical assistance programs that ensure that economic development organizations, capital providers and community development financial institutions in any region of the State are able to fairly compete for disbursements from the fund to meet identified infrastructure investment needs and fulfill the objectives of the funding and technical assistance programs; [PL 2021, c. 483, Pt. KK, §2 (NEW).] E. Enter into performance contracts with one or more persons in order to provide investment and services to agricultural, food and forest products industries, including: (1) Technical assistance and product research services; (2) Marketing assistance, market development and business and financial planning; (3) Organizational, regulatory and development assistance, including feasibility studies of facilities or capital investments to optimize construction and other cost efficiencies; and (4) Identification of workforce needs and programs in order to develop training and incentive opportunities for the agricultural, food and forest products industries after consulting with the Department of Labor; and [PL 2021, c. 483, Pt. KK, §2 (NEW).] F. Oversee, analyze and evaluate programs, contractors and other recipients of funds disbursed by the board annually, including: (1) Analyzing fund and technical assistance program use; (2) Recommending program changes and improvements; (3) Preparing a comprehensive report, in collaboration with the Department of Economic and Community Development and other appropriate agencies and organizational partners, on the performance, use and sustainability of funds and supporting programs of the Maine Agriculture, Food and Forest Products Investment Fund to submit to the commissioner; and (4) Collaborating with the Department of Economic and Community Development and other appropriate agencies and organizational partners to ensure that investment objectives are appropriately targeted and not duplicative and to establish various grant and loan instruments as part of the fund. [PL 2023, c. 470, §§1-3 (AMD).] [PL 2023, c. 470, §§1-3 (AMD).]
7 M.R.S. § 60-A — ME Code / Title 7 / Part 1 / Chapter 2-C / Section 60-A
7 §60-A. Program established
Status: in_force

1. Program. The Voluntary Municipal Farm Support Program is established in order to protect and support local farms, preserve farmland and reduce the fiscal burden for participating municipalities that results from new development in rural areas. Under this program, a municipality may enter into farm support arrangements with the owners of qualified farmland. A. A farm support arrangement must be approved by majority vote of the municipality’s legislative body or municipal officers or by a municipal employee appointed by the municipal officers and designated to review and approve farm support arrangements. [PL 2025, c. 216, §2 (AMD).] B. Unless approved by a 2/3 vote of the municipality’s legislative body, the municipality may not enter into farm support arrangements: (1) Affecting more than 3% of the total annual valuation of taxable land in the municipality; or (2) In any calendar year, affecting more than 1% of the total annual valuation of taxable land in the municipality. [PL 2025, c. 216, §2 (AMD).] [PL 2025, c. 216, §2 (AMD).]

2. Effects of arrangement. A farm support arrangement may not diminish the eligibility of qualified farmland for participation in tax benefits under Title 36, chapter 105, subchapter 2‑A or 10 or for consideration under Title 5, part 15‑A by the Land for Maine’s Future Board. [PL 2007, c. 301, §1 (NEW).]

3. Nullification. A farm support arrangement, once finally executed, is binding on the municipality. A municipality may not cease to make payments under the arrangement unless the land subject to the qualified easement is taken by eminent domain or state law otherwise authorizes the payments to cease. In the event that a municipality’s obligation to make farm support payments ceases, the farm support arrangement and the related qualified easement are void and may not be given effect and the municipality shall provide notice of this fact to the owner of the qualified farmland and record that notice with the appropriate registry of deeds. [PL 2007, c. 301, §1 (NEW).]

4. Rules. The department shall adopt rules governing farm support arrangements. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 216, §3 (AMD).]
7 M.R.S. § 4016 — ME Code / Title 7 / Part 9 / Chapter 739 / Section 4016
7 §4016. Violation
Status: in_force

1. Penalty. A person who violates this chapter commits a civil violation. A. The court shall adjudge a civil fine of not less than $500 nor more than $5,000 for the first violation, none of which may be suspended, and a civil fine of not less than $1,000 nor more than $10,000 for a 2nd or subsequent violation of section 4011 , none of which may be suspended. [PL 2019, c. 437, §5 (AMD).] B. The court may order a person adjudicated as having violated the laws against cruelty to animals to pay the costs of the care, housing and veterinary medical treatment for the animal. [PL 2001, c. 425, §4 (NEW).] C. The court, as part of the judgment, may prohibit a person adjudicated as having violated the laws against cruelty to animals from owning, possessing or having on the defendant's premises an animal for a period of time up to and including permanent relinquishment. [PL 2001, c. 425, §4 (NEW).] D. The court, as part of the judgment, may order that the defendant submit to and complete a psychological evaluation for in camera review by the court. [PL 2001, c. 425, §4 (NEW).] [PL 2019, c. 437, §5 (AMD).]

1-A. Separate advocate. In any proceeding brought under this section, the court may order, upon its own initiative or upon request of a party or counsel for a party, that a separate advocate be appointed to represent the interests of justice. A decision of the court denying a request to appoint a separate advocate to represent the interests of justice is not subject to appeal. An advocate appointed under this subsection must be appointed from a list provided to the court by the Maine State Bar Association pursuant to paragraph B . A. The advocate may: (1) Monitor the proceeding; (2) Consult any individual with information that could aid the judge or fact finder and review records relating to the condition of the animal and the defendant's actions, including, but not limited to, records from animal control officers, veterinarians and law enforcement officers; (3) Attend hearings; and (4) Present information or recommendations to the court pertinent to determinations that relate to the interests of justice, as long as the information and recommendations are based solely on the duties undertaken pursuant to this subsection. [PL 2019, c. 547, §1 (NEW).] B. The Maine State Bar Association shall maintain a list of attorneys with knowledge of animal issues and the legal system and a list of law schools that have students with an interest in animal issues and the legal system. Attorneys and law students serve on a voluntary basis as advocates under this subsection. [PL 2019, c. 547, §1 (NEW).] [PL 2019, c. 547, §1 (NEW).]

2. Criminal or civil prosecution. A person may be arrested or detained for the crime of cruelty to animals under Title 17, chapter 42, subchapter III in accordance with the rules of criminal procedure. A person may not be arrested or detained for the civil violation of cruelty to animals. The attorney for the State may elect to charge a defendant with either the crime of cruelty to animals under Title 17, chapter 42, subchapter III or the civil violation of cruelty to animals under this chapter. In making this election, the attorney for the State shall consider the severity of the cruelty displayed, the number of animals involved, any prior convictions or adjudications of animal cruelty entered against the defendant and such other factors as may be relevant to a determination of whether criminal or civil sanctions will best accomplish the goals of the animal welfare laws in the particular case before the attorney for the State. The election and determination required by this subsection are not subject to judicial review. The factors involved in the election and determination are not elements of the criminal offense or civil violation of animal cruelty and are not subject to proof or disproof as prerequisites or conditions for conviction under Title 17, chapter 42, subchapter III or adjudication under this chapter. [PL 2001, c. 425, §4 (NEW).]

3. Affirmative defenses. It is an affirmative defense to alleged violations of this chapter that the animal was kept as part of an agricultural operation and in compliance with best management practices for animal husbandry as determined by the department. [PL 2007, c. 702, §17 (NEW).]
7 M.R.S. § 3936-A — ME Code / Title 7 / Part 9 / Chapter 723 / Section 3936-A
7 §3936-A. Noncompliance; subsequent inspection required
Status: in_force

If, upon inspection under section 3936 , the commissioner or the commissioner's designee finds a facility licensed under this chapter to be in violation of this chapter or rules adopted under this chapter, the commissioner or the commissioner's designee shall issue a written notice describing the violation, the required corrective action to be taken and the date by which the correction must be made. No fee is charged for the first follow-up inspection. If the corrective action has not been taken within the specified period and 2 or more follow-up inspections are needed in any calendar year, the department shall charge the licensee a fee equal to 50% of the original license fee for each follow-up inspection. The original notice of a violation must inform the licensee of the fee charged for follow-up inspections. [PL 2009, c. 403, §8 (NEW).]

If the person operating the facility fails to complete corrective actions by the date noted in the original notice or a subsequent date specified by the department, the department may revoke, suspend or refuse to renew a license issued under this chapter pending an administrative proceeding held in accordance with Title 5, chapter 375, subchapter 5 . [PL 2009, c. 403, §8 (NEW).]
7 M.R.S. § 3153-D — ME Code / Title 7 / Part 7 / Chapter 611 / Section 3153-D
7 §3153-D. Transfer of revenues
Status: in_force

On or before the 18th day of each month, the administrator of the Maine Milk Pool shall subtract the amount in the Maine Milk Pool, Other Special Revenue Funds account that is available for distribution for dairy stabilization support from the total amount to be distributed for the previous month pursuant to section 3153-B and certify this amount to the State Controller, who shall transfer the certified monthly amount when certified from General Fund undedicated revenue to the Maine Dairy Farm Stabilization Fund, Other Special Revenue Funds account. [PL 2013, c. 368, Pt. Y, §1 (AMD).]
7 M.R.S. § 1807 — ME Code / Title 7 / Part 4 / Chapter 305 / Section 1807
7 §1807. Illegal vaccinations
Status: in_force

1. Brucellosis vaccine. A person other than a licensed veterinarian may not vaccinate cattle with brucellosis vaccine. A licensed veterinarian may not vaccinate cattle with brucellosis vaccine unless: A. The vaccine used has been approved by the commissioner; and [PL 2001, c. 572, §36 (NEW).] B. The vaccine is administered to the animal at the age recommended by the manufacturer of the vaccine or determined by the commissioner. [PL 2001, c. 572, §36 (NEW).] [PL 2001, c. 572, §36 (NEW).]

2. Prohibition on certain vaccines. The commissioner may prohibit a vaccination because the use of the vaccine being administered might cause the presumption that an actual disease or pathogen is present in the State. [PL 2001, c. 572, §36 (NEW).]

3. Commissioner's discretion to vaccinate. Notwithstanding subsection 2 , the commissioner may authorize any vaccination necessary to control an outbreak of a disease or to diminish the threat of an outbreak of a disease. [PL 2001, c. 572, §36 (NEW).]
7 M.R.S. § 433 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 433
7 §433. Preparation and distribution of information
Status: in_force

The commissioner shall analyze and interpret relevant market information and shall develop a suitable means to distribute that information to Maine agricultural producers in cooperation with other state and federal agencies of like purpose, including the Cooperative Extension Service. [PL 1983, c. 563, §2 (NEW).]
7 M.R.S. § 4158 — ME Code / Title 7 / Part 9 / Chapter 745 / Section 4158
7 §4158. Contest
Status: in_force

1. Demand for remedy; contest. When a seller wishes to contest a demand for the remedy specified in section 4155 , the seller may require the purchaser to produce all the veterinarian's records and the animal for examination or autopsy by a veterinarian designated by the seller. The veterinarian designated by the seller must be practicing at a veterinary clinic within 100 miles of the purchaser's residence. The seller shall pay the cost of this examination or autopsy. The seller has a right of recovery against the purchaser if the seller is not obligated to provide a remedy under section 4155 . [PL 2007, c. 702, §31 (AMD).]

2. Right to court action. If the seller does not provide the remedy selected by the purchaser set forth in section 4155 , the purchaser may initiate a court action. The prevailing party in the court action has the right to recover costs and reasonable attorney's fees. [PL 2007, c. 702, §32 (AMD).]
7 M.R.S. § 447 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 447
7 §447. Access for inspection purposes
Status: in_force

The commissioner, in person or by deputy, has free access at all reasonable hours to any building or other place wherein it is reasonably believed that farm products are marked, branded or labeled in accordance with official grades established and promulgated by the commissioner or are being marketed or held for commercial purposes. The commissioner has power in person or by deputy to open any bags, crates or other containers containing such farm products and examine the contents thereof and may, upon tendering the market price, take samples therefrom. Whoever obstructs or hinders the commissioner or any of the commissioner's duly qualified assistants in the performance of the commissioner's duties under this subchapter commits a civil violation for which a fine of not less than $10 nor more than $100 must be adjudged. [RR 2021, c. 1, Pt. B, §69 (COR).]
7 M.R.S. § 3970-A — ME Code / Title 7 / Part 9 / Chapter 730-A / Section 3970-A
7 §3970-A. Sale and importation of juvenile ferrets
Status: in_force

1. Prohibition on sale. A person, firm, corporation or other business entity may not sell or offer for sale or resale in the State any ferret that is less than 8 weeks of age as determined by examination for adult canine dentition. [PL 2003, c. 262, §1 (NEW).]

2. Prohibition on importation. A person, firm, corporation or other business entity may not ship or bring into the State any ferret that is less than 8 weeks of age as determined by examination for adult canine dentition unless that ferret is transported with its mother. [PL 2003, c. 262, §1 (NEW).]

3. Penalty. A person who violates this section commits a civil violation for which a fine not to exceed $100 per violation may be adjudged. [PL 2003, c. 262, §1 (NEW).]
7 M.R.S. § 524 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 524
7 §524. Requirements and prohibitions
Status: in_force

No person shall distribute or cause to be distributed in commerce any packaged consumer commodity unless the commodity bears a label specifying the identity of the commodity, the name and place of business of the manufacturer, packer or distributor, the net quantity of contents in terms of weight, measure or numerical count, separately and accurately stated in a uniform location upon the principal display panel of the label and the label statement of net quantity. [PL 1969, c. 325 (NEW).]

A package containing less than 4 pounds or one gallon, and labeled in terms of weight or fluid measure, shall be expressed both in ounces, either avoirdupois or fluid ounces, and if applicable in pounds for weight, with the remainder in terms of ounces or common decimal fractions of the pound, or in the case of liquid measure, in the largest whole unit, quarts, quarts and pints, with the remainder in terms of fluid ounces or common decimal fraction of the pint or quart. [PL 1969, c. 325 (NEW).]

A random package shall be expressed in terms of the pound carried out to not more than 2 decimal places. [PL 1969, c. 325 (NEW).]

A package labeled in terms of linear measure, shall be expressed both in terms of inches and the largest whole unit, yards, yards and feet, or feet, with any remainder in terms of inches or common decimal fractions of the foot or yard. [PL 1969, c. 325 (NEW).]

A package labeled in terms of measure of area shall be expressed both in terms of square inches and the largest whole square unit, square yards, square yards and square feet, or square feet, with the remainder in terms of square inches or common decimal fractions of the square foot or square yard. [PL 1969, c. 325 (NEW).]
7 M.R.S. § 2959 — ME Code / Title 7 / Part 7 / Chapter 603 / Section 2959
7 §2959. Injunctions and civil penalties
Status: in_force

1. Injunction. In addition to any other remedy set forth in this chapter for the enforcement of this chapter or any rule, order or decision of the commission, the Superior Court has jurisdiction upon complaint filed by the commission, or any person duly authorized to act for the commission, including, but not limited to, its executive secretary, to restrain or enjoin any person from committing any act prohibited by this chapter or prohibited by any rule, order or decision of the commission. If it is established upon hearing that the person charged has been or is committing any unlawful act under this chapter or is in violation of any rule, order or decision of the commission, the court shall enter a decree enjoining that person from committing further such violations. In case of violation of any injunction issued under this section, the court shall summarily try and punish the person for contempt of court. The existence of other civil or criminal remedies is no defense to this proceeding. The commission or its authorized agent may not be required to give or post a bond when making an application for an injunction under this section. [PL 2005, c. 382, Pt. F, §19 (AMD).]

2. Civil penalties. Any person who violates any provision of this chapter or of any rule, order or decision of the commission shall be subject to the following civil penalties, to be collected by the commission in a civil action: A. For the first violation, a civil penalty not to exceed $1,000; and [PL 1985, c. 717, §4 (NEW).] B. For each subsequent violation, a civil penalty not to exceed $2,000. [PL 1985, c. 717, §4 (NEW).] All penalties collected by the commission shall be paid to the Treasurer of State for deposit to the General Fund. [PL 1985, c. 717, §4 (NEW).]
7 M.R.S. § 3919-E — ME Code / Title 7 / Part 9 / Chapter 720 / Section 3919-E
7 §3919-E. Disposition of small animals
Status: in_force

1. Small animals. When an animal shelter accepts a small animal under section 3919 and the animal does not have identification, the animal shelter shall hold that small animal for not less than 48 hours. After the expiration of the 48-hour period, the animal shelter may treat the small animal as homeless and may: A. Offer the small animal for adoption, sell the small animal, give away the small animal or transfer the small animal to an appropriate facility that can provide for that specific type of small animal; or [PL 2015, c. 223, §7 (AMD).] B. Otherwise dispose of the small animal humanely in accordance with Title 17, chapter 42, subchapter 4 . [PL 2013, c. 115, §8 (NEW).] An animal shelter may not sell or give any small animal to a research facility. [PL 2015, c. 223, §7 (AMD).]

2. Exceptions. A small animal that is subject to permit requirements of the Department of Inland Fisheries and Wildlife under Title 12, chapter 915 may not be adopted or have its ownership transferred without the permission of the Department of Inland Fisheries and Wildlife. [PL 2013, c. 115, §8 (NEW).]
7 M.R.S. § 1453 — ME Code / Title 7 / Part 3 / Chapter 207 / Section 1453
7 §1453. Rules
Status: in_force

The commissioner shall, in a manner consistent with the Maine Administrative Procedure Act, make rules necessary to protect the health and welfare of animals going through auction, which have the power of law as outlined under section 1752 . [PL 2001, c. 572, §15 (AMD).]
7 M.R.S. § 86 — ME Code / Title 7 / Part 1 / Chapter 4 / Section 86
7 §86. Stipend Fund
Status: in_force

1. Annual distribution. The commissioner shall annually distribute all money contributed to the Stipend Fund under Title 8, sections 286 and 287 to qualified licensees in accordance with this section. [PL 2005, c. 563, §3 (NEW).]

2. Distribution of funds to fair licensees that conduct pari-mutuel racing. Forty-four percent of the amounts contributed to the Stipend Fund under Title 8, sections 286 and 287 must be divided into equal amounts for reimbursement to each licensee that: A. Conducts pari-mutuel racing in conjunction with its annual fair; [PL 2005, c. 563, §3 (NEW).] B. Has improved its racing facilities; and [PL 2005, c. 563, §3 (NEW).] C. Has met the standards for facility improvements set by the commissioner for that licensee. [PL 2005, c. 563, §3 (NEW).] A licensee that has not complied with the improvement standards set by the commissioner for a given year is not eligible for a reimbursement under this subsection for that year. [PL 2005, c. 563, §3 (NEW).]

3. Distribution of funds to fair licensees who do not conduct pari-mutuel racing. Eight percent of the amount contributed to the Stipend Fund under Title 8, sections 286 and 287 for a calendar year must be divided into amounts in proportion to the sums expended for premiums by the licensee in that year for reimbursement to each licensee that: A. Does not conduct pari-mutuel racing; and [PL 2005, c. 563, §3 (NEW).] B. Has met the standards for facility improvements set by the commissioner for that licensee. [PL 2005, c. 563, §3 (NEW).] A licensee that has not complied with the improvement standards set by the commissioner for a given year is not eligible for a reimbursement under this subsection for that year. [PL 2005, c. 563, §3 (NEW).]

4. Expenditures for administration and inspection services. The commissioner may expend annually up to 13% of the Stipend Fund for administrative and inspection services provided under this chapter. [PL 2005, c. 563, §3 (NEW).]

5. Distribution to all eligible licensees. The amount remaining in the Stipend Fund after distributions in accordance with subsections 2 , 3 and 4 must be divided among fair licensees meeting the eligibility criteria in subsection 6 , prorated according to the amount of premiums actually paid by those licensees in full and in cash or valuable equivalent. In determining distribution under this subsection, an allowance may not be made on premiums offered and paid by a licensee at any competition or event held other than during the period in which its annual fair is held. Allowance may not be made or consideration given for lump sums, payments or premiums previously arranged and agreed upon for the presentation and display of any animals or products without regard to competition or event. Premiums used to determine apportionment under this subsection are limited to those paid for: A. Livestock and poultry; [PL 2005, c. 563, §3 (NEW).] B. Vegetables, grains, fruits and flowers; [PL 2005, c. 563, §3 (NEW).] C. Products derived from livestock and dairy products; [PL 2025, c. 161, §3 (AMD).] D. Home-canned, home-cooked and home-baked goods; [PL 2005, c. 563, §3 (NEW).] E. Grange and farm exhibits; [PL 2005, c. 563, §3 (NEW).] F. [PL 2025, c. 161, §3 (RP).] F-1. Youth agriculture events; [PL 2025, c. 161, §3 (NEW).] G. Mechanical arts exhibits; [PL 2005, c. 563, §3 (NEW).] H. Arts and crafts produced in the home; [PL 2025, c. 161, §3 (AMD).] I. Pulling contests for equines and oxen; [PL 2025, c. 161, §3 (AMD).] J. Pulling contests for farm tractors and pickup trucks; [PL 2025, c. 161, §3 (AMD).] K. Educational agricultural talks, workshops and demonstrations; and [PL 2025, c. 161, §3 (NEW).] L. Any other agricultural event approved by the commissioner. [PL 2025, c. 161, §3 (NEW).] [PL 2025, c. 161, §3 (AMD).]

6. Eligibility for stipend. A licensee is not entitled to a stipend under this chapter unless: A. The licensee holds a license that is valid for the year for which the stipend is calculated; [PL 2005, c. 563, §3 (NEW).] B. Exhibits of vegetables, fruits, grains or dairy products are regularly displayed in an attractive manner upon the fairgrounds during the fair, the products exhibited are representative of those produced in the county in which the fair is held and the quality of the products is acceptable to the commissioner; [RR 2005, c. 2, §5 (COR).] C. The health status of domestic animals shown or exhibited at the fair satisfies the health requirements established by the commissioner in accordance with section 1811 and rules adopted pursuant to section 1752 ; [PL 2005, c. 563, §3 (NEW).] D. The fair is conducted in accordance with performance standards established in rules adopted pursuant to section 82, subsection 5 ; and [PL 2005, c. 563, §3 (NEW).] E. The minimum premiums established in subsection 7 are paid. [PL 2005, c. 563, §3 (NEW).] [RR 2005, c. 2, §5 (COR).]

7. Minimum premiums required. To be eligible to receive a stipend, a licensee must: A. Upon receiving an initial license, spend a minimum of $750 per year on premiums for 4 years for displays of agricultural products, excluding premiums for equine and ox pulling contests and farm tractor and pickup truck pulling contests; and [PL 2025, c. 51, §3 (AMD).] B. Upon fulfilling the requirement under paragraph A , continue to spend a minimum of $1,200 on premiums yearly for displays of agricultural products, excluding premiums for equine and ox pulling contests and farm tractor and pickup truck pulling contests. [PL 2005, c. 563, §3 (NEW).] [PL 2025, c. 51, §3 (AMD).]

8. Maximum allowed distribution from Stipend Fund. A licensee may not receive a stipend from the Stipend Fund greater than the amount actually raised and spent by the licensee on premiums in the classes provided in subsection 5 . A licensee may not receive a stipend from the Stipend Fund in excess of $10,000, except that this limitation does not apply to any additional stipend provided for by Title 8, section 287 or to funds distributed from the Fair Fund in accordance with section 85 , the Agricultural Fair Support Fund in accordance with section 91 or the Agricultural Fair Promotion Fund in accordance with section 103 . [PL 2025, c. 161, §4 (AMD).]
7 M.R.S. § 530 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 530
7 §530. Country of origin required
Status: repealed

1. Label required. Fresh produce must be labeled in accordance with this section. A. Fresh produce sold or offered for retail sale in this State that was grown or raised in a foreign country must be identified by labeling with the country of origin as provided in paragraphs B to D . [PL 1999, c. 405, §2 (AMD).] B. Except as provided in paragraph D , each item of fresh produce offered for retail sale as an individual unit must be individually labeled in accordance with subsection 3 . [PL 1989, c. 527, §1 (NEW).] C. Except as provided in paragraph D , fresh produce packaged in consumer units must be labeled in accordance with subsection 3 and section 524‑A . For purposes of this section, banana and grape clusters are a consumer unit. [PL 1999, c. 405, §2 (AMD).] D. Fresh produce that is not labeled in accordance with paragraph B or C may be sold at retail if the labeling information required by subsection 3 appears on a bin label or placard contiguous to the produce being displayed for retail sale or on the original shipping container if it contains the produce offered for sale. [PL 1989, c. 527, §1 (NEW).] [PL 1999, c. 405, §2 (AMD).]

2. Rules. [PL 1999, c. 405, §3 (RP).]

3. Label statement. The country of origin label shall: A. Clearly state the country in which the fresh produce was raised or grown; [PL 1989, c. 527, §1 (NEW).] B. Be conspicuously and prominently placed so as to be easily seen by the consumer; and [PL 1989, c. 527, §1 (NEW).] C. Be as legible, indelible and permanent as the nature and display of the product allow without causing adulteration to the product. [PL 1989, c. 527, §1 (NEW).] [PL 1989, c. 527, §1 (NEW).]

4. Educational program. Subject to available funding, the department shall institute an educational program designed to inform the general public about this section. This program must include, but not be limited to, dissemination of information about the countries and produce affected and the pesticides, residues and known and potential adverse health effects of those pesticides. This dissemination must be made by at least the following: A. Brochures to be made available to consumers through retail outlets; and [PL 1989, c. 527, §1 (NEW).] B. Media coverage, such as public service announcements, press releases and press conferences. [PL 1989, c. 527, §1 (NEW).] [PL 1991, c. 506, §1 (AMD).]

5. Enforcement. If inspection personnel of the department find that fresh produce is not properly labeled as required by this section, the commissioner shall issue a stop order for the product until it is labeled in accordance with this section. [PL 1989, c. 527, §1 (NEW).]

6. Penalty. A person who fails to comply with the provisions of this section commits a civil violation and may be adjudged a fine not more than $100. Each day in violation constitutes a separate offense. [PL 1989, c. 527, §1 (NEW).]

7. Repealed. [PL 1991, c. 506, §2 (RP).]
7 M.R.S. § 403 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 403
7 §403. State of Maine Building at Eastern States Exposition
Status: in_force

1. State of Maine Building. The department shall operate and maintain the State of Maine Building, previously erected upon the Eastern States Agricultural and Industrial Exposition, Inc., at West Springfield, Massachusetts, for the purpose of exhibiting, publicizing and advertising Maine's products and resources in agriculture, industry, fisheries, forests, wildlife and recreation. Except as otherwise provided in this section, the department has complete control and supervision of all exhibits held in these buildings. [RR 2009, c. 2, §5 (COR).]

2. Advice. From time to time, the department shall consult regarding operation and maintenance of the building with, and for any major exhibition shall prior to the exhibition develop a plan after a public hearing and obtain advice on the proposed use of building space from, the following persons: The Commissioner of Marine Resources; Commissioner of Inland Fisheries and Wildlife; Commissioner of Agriculture, Conservation and Forestry; and Commissioner of Economic and Community Development. [PL 1987, c. 534, Pt. B, §§1, 23 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]

3. Advisory board. [PL 1987, c. 786, §10 (RP).]
7 M.R.S. § 2-B — ME Code / Title 7 / Part 1 / Chapter 1 / Section 2-B
7 §2-B. Rural Rehabilitation Operating Fund
Status: in_force

The Rural Rehabilitation Operating Fund is established as a nonlapsing fund in the Department of Agriculture, Conservation and Forestry to be used for the administrative expenditures incurred in the operation of the Rural Rehabilitation Trust Fund and the issuance of scholarships and loans from that trust fund. The Rural Rehabilitation Operating Fund must receive all interest earned on the trust fund balance and any interest collected on outstanding loans receivable. Unexpended balances in the Rural Rehabilitation Operating Fund at the end of a fiscal year may not lapse, but are carried forward to the next fiscal year to be used for the same purpose. [PL 1999, c. 401, Pt. H, §1 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]
7 M.R.S. § 1-A — ME Code / Title 7 / Part 1 / Chapter 1 / Section 1-A
7 §1-A. Legislative intent
Status: in_force

The Legislature finds agriculture to be a major industry in the State, contributing substantially to the state's overall economy, essential to the maintenance and strengthening of rural life and values and necessary to the preservation of the health, safety and welfare of all of the people of this State. [PL 1979, c. 731, §4 (NEW).]

The survival of the family farm is of special concern to the people of the State, and the ability of the family farm to prosper, while producing an abundance of high quality food and fiber, deserves a place of high priority in the determination of public policy. For this purpose there is established the Department of Agriculture, Conservation and Forestry. [PL 1979, c. 731, §4 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]
7 M.R.S. § 1707 — ME Code / Title 7 / Part 4 / Chapter 301 / Section 1707
7 §1707. Intentional, knowing or reckless introduction of a disease or pathogen
Status: in_force

A person who intentionally, knowingly or recklessly introduces or takes a substantial step or action that could introduce a disease or pathogen to livestock or poultry commits a Class D crime. [PL 2001, c. 572, §22 (NEW).]
7 M.R.S. § 1818 — ME Code / Title 7 / Part 4 / Chapter 305 / Section 1818
7 §1818. Disposal of dead poultry
Status: in_force

The owner, occupant or person in possession of any premises wherein poultry or poultry products are raised for sale or processing shall maintain, or have access to, adequate disposal facilities for the sanitary disposal of dead poultry resulting from such poultry operations, and all poultry dying on such premises shall be disposed of by means of such disposal facilities. Such facilities shall be constructed and maintained in accordance with standards and regulations to be promulgated by the commissioner in a manner consistent with the Maine Administrative Procedure Act. [PL 1977, c. 694, §129 (AMD).]

It shall be illegal to keep or deposit any dead poultry on any premises or places where wild birds or animals have access to them. Public or private dumps are not considered to be proper disposal areas.
7 M.R.S. § 1902 — ME Code / Title 7 / Part 4 / Chapter 307 / Section 1902
7 §1902. State of Maine Animal Response Team Fund
Status: in_force

The Treasurer of State shall establish a separate account known as the State of Maine Animal Response Team Fund. This fund does not lapse but must be carried forward. The commissioner may accept money from any public or private source for deposit into the fund. The fund may be used to pay costs associated with the administration and activities undertaken by the State of Maine Animal Response Team in accordance with section 1901 . [PL 2005, c. 146, §2 (NEW).]
7 M.R.S. § 446 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 446
7 §446. Inspections
Status: in_force

The commissioner or the commissioner's duly authorized agents may inspect any fruits, vegetables, poultry, eggs, farm products, livestock or other commodities that are marked, branded or labeled in accordance with official grades or standards established and adopted by the commissioner for the purpose of determining and certifying the quality and condition thereof and other material facts relative thereto. Certificates issued in pursuance of that inspection and executed by the inspector must state the date and place of inspection, the grade, condition and approximate quality of the fruits, vegetables, poultry, eggs, farm products, livestock or other commodities inspected and such other pertinent facts as the commissioner may require. Such a certificate relative to the condition or quality of the farm products is prima facie evidence in all courts of the State of the facts required to be stated in the certificate. [PL 2003, c. 386, §1 (AMD).]
7 M.R.S. § 4001 — ME Code / Title 7 / Part 9 / Chapter 737 / Section 4001
7 §4001. Regulation of calf and pig scrambles
Status: in_force

1. Permit required. Any person sponsoring a calf or pig scramble shall obtain a permit from the commissioner for each specific event at least 10 days before the event. [PL 1987, c. 383, §3 (NEW); PL 1993, c. 468, §25 (AMD).]

2. Application. Applications for calf or pig scramble permits shall specify the name of the applicant, the type of scramble and the date or dates of the scramble. [PL 1987, c. 383, §3 (NEW).]

3. Fee. A fee of $10 must be submitted with any application for a calf or pig scramble. [PL 1999, c. 254, §10 (AMD).]

4. Rules. Each applicant obtaining a permit under this section is subject to the rules adopted by the commissioner on the weight and size of animals, age of participants, length of event and such other requirements as the commissioner considers necessary. [PL 1997, c. 690, §43 (AMD).]

5. Violation. Any person who violates this chapter or any of the rules issued pursuant to this chapter commits a civil violation for which a forfeiture not to exceed $100 may be adjudged. [PL 1987, c. 383, §3 (NEW).]
7 M.R.S. § 786 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 786
7 §786. Adulteration
Status: in_force

No person shall distribute an adulterated plant or soil amendment. A plant or soil amendment shall be deemed to be adulterated if: [PL 1979, c. 491, §1 (NEW).]

1. Deleterious or harmful agent. It contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plant, animal or aquatic life when applied in accordance with directions for use on the label, or if adequate warning statements and directions for use, which may be necessary to protect plant, animal or aquatic life, are not shown upon the label; [PL 1979, c. 491, §1 (NEW).]

2. Inferior composition. If its composition falls below or differs from that which it is purported to possess by its labeling; or [PL 1979, c. 491, §1 (NEW).]

3. Unwanted crop or weed seed. If it contains unwanted crop or weed seed or primary noxious or secondary noxious weed seed. [PL 1979, c. 491, §1 (NEW).]
7 M.R.S. § 2802 — ME Code / Title 7 / Part 6-A / Chapter 527 / Section 2802
7 §2802. Part-time bee inspectors
Status: in_force

The commissioner may employ one or more persons qualified by experience and knowledge in beekeeping and detection of bee diseases as part-time inspectors of apiaries, to assist the State Apiarist. [PL 1985, c. 572 (NEW).]
7 M.R.S. § 2103-A — ME Code / Title 7 / Part 5 / Chapter 401 / Section 2103-A
7 §2103-A. Certification of seed potatoes
Status: repealed

1. Certification required. Seed potatoes may not be certified beyond 5 generations of the seed originally acquired from a nuclear seed generation source meeting criteria established by the department's rules. Seed potatoes imported into the State must meet the State's certification standards and all import certificates must designate the imported seed's generation, which must equal and compare to a state certified seed designation. The imported seed must "flush out" at the same rate as the equivalent state seed generation. The commissioner may test, or cause to be tested, a seed lot imported into the State if the commissioner has reason to believe the seed lot is, or may be infected with a potato disease that poses a risk to the well-being of the State's potato industry. A person importing seed or receiving imported seed that the commissioner indicates must be tested shall submit a sample for testing. A person may not plant seed from an imported seed lot required to be tested under this subsection until the seed sample is tested and meets allowable disease standards for seed potatoes produced in the State. [PL 1997, c. 538, §2 (AMD).]

2. Post-harvest tested. A seed potato that has not been post‑harvest tested may not be certified. Seed shipped before post‑harvest test results are available must be certified based on field certification. [PL 2019, c. 229, §1 (AMD).]

3. Bacterial ring rot. The commissioner may withhold from certification for in-state sales for that year any seed potatoes grown on a farm on which bacterial ring rot has been detected. [PL 1987, c. 336 (NEW).]

4. Release to public. For the benefit of the Maine potato industry as a whole, only varieties of seed potatoes that have been released to the public, as provided in this subsection, may be certified, except that varieties of seed potatoes that are protected by patent or are otherwise not released to the public may be certified if the applicant for certification demonstrates that the applicant has been authorized to propagate the variety by the patent holder or, if there is no patent, the registered breeder. Notwithstanding Title 1, chapter 13, subchapter I , all records pertaining to patented and nonreleased potato varieties received or kept by the department are confidential and not available for inspection. A grower may authorize in writing the disclosure of records pertaining to patented or nonreleased potato varieties. Pursuant to the rule-making provisions of the Maine Administrative Procedure Act, Title 5, chapter 375 , the commissioner shall establish rules for the administration of this subsection, including, without limitation, procedures for demonstrating authorization from a patent holder or registered breeder and the establishment of a registry of bona fide breeders and patent holders of potato varieties. For purposes of this subsection, a potato variety is deemed to have been released to the public upon publication of a description of that variety for purposes of release in the North America Potato Variety Inventory, published by the Potato Association of America, or in the American Potato Journal or another equivalent scientific or technical journal. [PL 1997, c. 388, §5 (AMD).]

5. Rules. The commissioner may adopt rules to provide for exemptions from any of the requirements of this section when the application of the requirements would work a hardship on the Maine potato industry, and seed potato quality would not thereby be jeopardized; provided that the commissioner may not waive the requirements of subsection 4 relating to the certification of seed potatoes of patented or nonreleased potato varieties. [PL 1987, c. 336 (NEW).]

6. Repeal. Subsection 7 is repealed July 1, 1988 and subsection 8 is repealed July 1, 1990. [PL 1993, c. 125, §1 (AMD).]

7. Limitation. [PL 1987, c. 336 (NEW); MRSA T. 7 §2103-A, sub-§6 (RP).]

8. Grower's own seed. [PL 1987, c. 336 (NEW); MRSA T. 7 §2103-A, sub-§6 (RP).]
7 M.R.S. § 2225 — ME Code / Title 7 / Part 5 / Chapter 406 / Section 2225
7 §2225. Rules
Status: in_force

The department may adopt rules necessary to implement this chapter. [PL 1993, c. 548, §1 (NEW).]
7 M.R.S. § 781 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 781
7 §781. Disposition of misbranded or adulterated amendments
Status: in_force

If the analyses or tests show that any plant or soil amendments are misbranded or adulterated, disposition of the amendment shall be in accordance with rules. [PL 1979, c. 491, §1 (NEW).]

The commissioner may adopt rules establishing tolerable deficiencies for guaranteed analyses. The commissioner may also establish a schedule of assessments for exceeding the tolerable deficiencies. The assessments must be against the registrant of a soil or plant amendment. The assessments must bear a reasonable relationship to the commercial value of the deficiency. [RR 2021, c. 1, Pt. B, §109 (COR).]

Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification of the assessments imposed. [PL 1979, c. 491, §1 (NEW).]

The assessments shall in no manner be construed as limiting the consumer's right to bring a civil action in damage against the registrant paying the assessment. [PL 1979, c. 491, §1 (NEW).]

For the purpose of determining commercial values to be applied under this section, the commissioner shall determine from the registrant's sales invoice the values charged for the plant or soil amending ingredients. If no invoice is available or if the invoice fails to provide sufficient information, the commissioner may use other methods to determine values. The values so determined shall be used in determining and levying assessments. [PL 1979, c. 491, §1 (NEW).]

The assessment shall in no manner be construed as limiting the department's right to bring a civil action for a penalty against the registrant. [PL 1979, c. 491, §1 (NEW).]

The assessments and penalties received shall be deposited with the Treasurer of State and are appropriated for carrying out this subchapter. These funds shall not lapse. [PL 1979, c. 491, §1 (NEW).]
7 M.R.S. § 722 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 722
7 §722. Penalties
Status: in_force

1. Civil violation. A person may not violate this subchapter or impede, hinder or otherwise prevent the commissioner or the commissioner's duly authorized agent from performing the commissioner's duties in connection with this subchapter. The following penalties apply to violations of this subsection. A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $200 may be adjudged. [PL 2003, c. 452, Pt. B, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. A person who violates this subsection after having previously violated this subsection commits a civil violation for which a fine of not less than $200 and not more than $500 may be adjudged. [PL 2003, c. 452, Pt. B, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. B, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Trade secret violation. A person may not use to that person's own advantage or reveal to other than the commissioner or officers of the department or to the courts when relevant in any judicial proceeding information acquired under the authority of this subchapter concerning a method, record, formulation or process that as a trade secret is entitled to protection. A person who violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $500 may be adjudged. This prohibition does not prohibit the commissioner or the commissioner's duly authorized agent from exchanging information of a regulatory nature with duly appointed officials of the United States Government or of other states who are similarly prohibited by law from revealing this information. [PL 2003, c. 452, Pt. B, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Application. This subchapter may not be construed as requiring the commissioner or the commissioner's agent to cause suit to be brought or institute seizure proceedings or issue a withdrawal from distribution order as a result of minor violations of this subchapter or when the commissioner believes that the public interest will best be served by suitable notice of warning in writing. [PL 2003, c. 452, Pt. B, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

4. Process. The authorities to whom a violation is reported shall cause appropriate proceedings to be instituted in a court of competent jurisdiction without delay. Before the commissioner reports a violation for suit to be brought, the distributor must have an opportunity to present the distributor's view to the commissioner. [PL 2003, c. 452, Pt. B, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

5. Injunction. The commissioner is authorized to apply for and the court to grant a temporary or permanent injunction restraining a person from violating or continuing to violate this subchapter or any rule or regulation adopted under this subchapter notwithstanding the existence of other remedies at law. This injunction must be issued without bond. [PL 2003, c. 452, Pt. B, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

6. Review. A person adversely affected by an act, order or ruling made pursuant to this subchapter may bring action within 45 days after that act, order or ruling in the Superior Court in the county of the enforcement official's office for judicial review of the actions. The form of the proceeding must be any that may be provided by statute of the State to review decisions of administrative agencies or, in the absence or inadequacy of such a form, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunctions. [PL 2003, c. 452, Pt. B, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
7 M.R.S. § 563 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 563
7 §563. Water labeled or advertised as from Maine
Status: in_force

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. [PL 2001, c. 174, §2 (NEW).]
7 M.R.S. § 750 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 750
7 §750. Violations
Status: in_force

1. Violation. A person, firm or corporation may not violate this subchapter or a rule adopted pursuant to this subchapter. [PL 2003, c. 452, Pt. B, §11 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Penalty. The following penalties apply to violations of this section. A. A person who violates subsection 1 commits a civil violation for which a fine of not more than $500 may be adjudged. [PL 2007, c. 147, §7 (AMD).] B. A person who violates subsection 1 after having previously violated subsection 1 commits a civil violation for which a fine of not more than $1,000 may be adjudged. [PL 2007, c. 147, §7 (AMD).] [PL 2007, c. 147, §7 (AMD).]

3. Application. This subchapter may not be construed as requiring the commissioner or the commissioner's agent to report for suit or for the institution of seizure proceedings as a result of minor violations of this subchapter when the commissioner believes that the public interest will be best served by a suitable notice of warning in writing. [PL 2003, c. 452, Pt. B, §11 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
7 M.R.S. § 2872 — ME Code / Title 7 / Part 6-A / Chapter 531 / Section 2872
7 §2872. Violations
Status: in_force

1. Civil violation. A person commits a civil violation if that person violates: A. Chapter 521 ; [PL 2003, c. 452, Pt. B, §17 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Chapter 523 ; or [PL 2003, c. 452, Pt. B, §17 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. Chapter 527 . [PL 2003, c. 452, Pt. B, §17 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. B, §17 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Penalty. A person who violates this section commits a civil violation for which a fine of not less than $1 and not more than $50 may be adjudged for each colony in violation of chapter 521 , 523 or 527 . [PL 2003, c. 452, Pt. B, §17 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
7 M.R.S. § 4157 — ME Code / Title 7 / Part 9 / Chapter 745 / Section 4157
7 §4157. Rights of seller
Status: in_force

1. Refusal to sell. A seller may refuse to sell an animal to a potential purchaser who appears not to accept or understand the provisions of this chapter. [PL 2007, c. 702, §30 (AMD).]

2. Exemption from purchaser remedies. A refund, replacement or reimbursement of veterinary fees is not required if any one or more of the following conditions are met. A. The health problem or death of the animal resulted from maltreatment, neglect or a disease contracted while in the possession of the purchaser or from an injury sustained subsequent to receipt of the animal by the purchaser. [PL 1995, c. 589, §1 (NEW).] B. A disclosure statement was provided to the purchaser pursuant to section 4152 that disclosed the health problem for which the purchaser seeks to return the animal. [PL 1995, c. 589, §1 (NEW).] C. The health problem is a hereditary or congenital one covered by section 4152 . [PL 1995, c. 589, §1 (NEW).] D. [PL 2007, c. 439, §33 (RP).] [PL 2007, c. 439, §33 (AMD).]
7 M.R.S. § 782 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 782
7 §782. Misbranding
Status: in_force

No person shall distribute a misbranded plant or soil amendment. A plant or soil amendment shall be deemed to be misbranded if: [PL 1979, c. 491, §1 (NEW).]

1. False labeling. Its labeling is false or misleading in any particular; [PL 1979, c. 491, §1 (NEW).]

2. Not labeled. If it is not labeled as required in this subchapter; or [PL 1979, c. 491, §1 (NEW).]

3. Nonconformance. If it does not conform to ingredient form or investigational allowances in the rules adopted by the commissioner. [PL 1979, c. 491, §1 (NEW).]
7 M.R.S. § 2185 — ME Code / Title 7 / Part 5 / Chapter 404 / Section 2185
7 §2185. Forms
Status: in_force

Each license issued consists of 2 parts: a certificate that must be displayed at each place of business of the arborist and a license card that must be carried by the arborist when occupied in a business capacity. [PL 1999, c. 84, §3 (NEW).]

When the arborist conducts business at more than one address, additional certificates must be issued. The department may not issue more than one license card to an individual qualified to receive a license, except as provided in section 2187 . [PL 1999, c. 84, §3 (NEW).]

A license holder shall display the holder's license to and upon the request, at any time, of any client, other licensed arborist, law enforcement officer or employee of the department. [PL 1999, c. 84, §3 (NEW).]
7 M.R.S. § 2107 — ME Code / Title 7 / Part 5 / Chapter 401 / Section 2107
7 §2107. Certified Seed Fund
Status: in_force

There is established the Certified Seed Fund. The fund receives all certification and inspection fees paid in accordance with section 2102 and all other funds received in support of operating a statewide seed certification program. All money deposited in the fund must be used for the management and operation of the seed certification program. Unexpended balances in the fund do not lapse and must be carried forward to be used for the purposes specified in this section. Any interest earned on the revenue deposited in the fund accrues to the fund. [PL 2003, c. 578, §7 (NEW).]
7-A M.R.S. § 206 — ME Code / Title 7-A / Subtitle 1 / Chapter 1 / Section 206
7-A §206. Department organization; bureaus
Status: in_force

The department is composed of the following bureaus, each of which is under the direction and supervision of a director: [PL 2013, c. 405, Pt. A, §16 (NEW).]

1. Bureau of Agriculture, Food and Rural Resources. The Bureau of Agriculture, Food and Rural Resources, which is composed of the former Department of Agriculture, Food and Rural Resources and all associated units and programs; [PL 2013, c. 405, Pt. A, §16 (NEW).]

2. Bureau of Forestry. The Bureau of Forestry, which is composed of the former Division of Forestry and all associated units and programs; [PL 2013, c. 405, Pt. A, §16 (NEW).]

3. Bureau of Parks and Lands. The Bureau of Parks and Lands, which is composed of the former Division of Parks and Public Lands and all associated units and programs; [PL 2013, c. 405, Pt. A, §16 (NEW).]

4. Bureau of Resource Information and Land Use Planning. The Bureau of Resource Information and Land Use Planning, which is composed of the Division of Land Use Planning, Permitting and Compliance, the Division of Geology, Natural Areas and Coastal Resources, the Land for Maine's Future Program, the units of municipal planning assistance and flood plain management and all other associated units and programs. [PL 2013, c. 424, Pt. K, §1 (AMD).]

The commissioner shall appoint a director for each bureau, giving preference to existing directors or other staff from within the bureau. [PL 2013, c. 405, Pt. A, §16 (NEW).]
7 M.R.S. § 3912 — ME Code / Title 7 / Part 9 / Chapter 719 / Section 3912
7 §3912. Disposition of dogs at large
Status: in_force

1. Ownership of dog unknown. Except as provided in subsection 2 , an animal control officer or person acting in that capacity shall seize, impound or restrain a dog found in violation of section 3911 and deliver it to an animal shelter as provided for in section 3913, subsection 2 -A . If ownership can not be established, such a dog may be handled as a stray dog for the purpose of acceptance by an animal shelter. [PL 1997, c. 690, §10 (NEW).]

2. Ownership of dog known. An animal control officer or person acting in that capacity shall seize, impound or restrain a dog found in violation of section 3911 and, if the owner is known, shall: A. Take the dog to its owner; or [PL 1999, c. 254, §4 (NEW).] B. Deliver it to an animal shelter as provided in section 3913. An animal shelter receiving a dog in accordance with this paragraph shall follow the procedure for stray dogs provided in section 3913 . [PL 1999, c. 254, §4 (NEW).] [PL 1999, c. 254, §4 (RPR).]
7 M.R.S. § 538 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 538
7 §538. Guaranty bar to prosecution
Status: in_force

A person is not subject to suit under this subchapter, if the person can establish a guaranty, signed by the person from whom the person received any such article, to the effect that the same is not adulterated or misbranded within the meaning of section 531 . Such guaranty, to afford protection, must contain the name and address of the party or parties making the sale or such article to such dealer, and in such case such party or parties must be amenable to the suits, forfeitures and other penalties that would attach, in due course, to the dealer under this subchapter. [RR 2021, c. 1, Pt. B, §89 (COR).]
7-A M.R.S. § 202 — ME Code / Title 7-A / Subtitle 1 / Chapter 1 / Section 202
7-A §202. Mission; guiding principles
Status: in_force

1. Mission. The mission of the department is to serve as a steward of Maine's agricultural and natural resources. The department shall implement public policy that: A. Supports the work of citizens who derive their livelihood through agricultural, conservation and forest-based interests and supports those who enjoy parks and conservation lands; [PL 2013, c. 405, Pt. A, §9 (NEW).] B. Through education, technical assistance, research, regulation and land conservation, promotes and protects the public health, the well-being of domestic animals, wise land usage and the preservation of the State's key conservation assets; and [PL 2013, c. 405, Pt. A, §9 (NEW).] C. Assists in creating added value for land-derived and forest-derived products as well as creating outdoor-based recreational experiences for local, national and international markets. [PL 2013, c. 405, Pt. A, §9 (NEW).] [PL 2013, c. 405, Pt. A, §9 (AMD); PL 2013, c. 405, Pt. A, §17 (AFF).]

2. Guiding principles. The following principles are adopted to guide the department in the performance of its duties: A. Forestry, farming, conservation, public lands and other natural resource-based economic activity are important to the State's economy and quality of life; [PL 2013, c. 405, Pt. A, §9 (AMD); PL 2013, c. 405, Pt. A, §17 (AFF).] A-1. The State's rural jobs and multifaceted natural resources are at the same time a rich heritage to be carefully passed to successive generations and an evolving economic engine driving the recreation, food and fiber components of the State’s workplaces; [PL 2013, c. 405, Pt. A, §9 (NEW).] B. Strengthening farming, forestry, conservation, recreation, state parks, public lands and public access to the State's natural resources is vital to enhancing the State's natural resources economy; and [PL 2013, c. 405, Pt. A, §9 (AMD); PL 2013, c. 405, Pt. A, §17 (AFF).] C. The State's land and water are the common denominators for fresh, locally grown food, processed food, horticulture, livestock, sustainably managed forest products and the State's internationally recognized outdoor recreation and conservation areas. [PL 2013, c. 405, Pt. A, §9 (NEW).] [PL 2013, c. 405, Pt. A, §9 (AMD); PL 2013, c. 405, Pt. A, §17 (AFF).]
7 M.R.S. § 3906-C — ME Code / Title 7 / Part 9 / Chapter 717 / Section 3906-C
7 §3906-C. Animal Welfare Advisory Council
Status: in_force

The Animal Welfare Advisory Council, as established by Title 5, section 12004‑I, subsection 2‑C and referred to in this section as the "council," shall advise the commissioner on matters pertaining to animal welfare. [PL 2001, c. 399, §3 (RPR).]

1. Membership. The council consists of 14 members appointed by the Governor as follows: A. One member representing municipal interests; [PL 2001, c. 399, §3 (RPR).] B. One animal control officer; [PL 1991, c. 779, §10 (NEW).] C. One member representing licensed animal shelters; [PL 1991, c. 779, §10 (NEW).] D. One member representing licensed boarding kennels; [PL 2009, c. 333, §1 (AMD).] E. One member representing licensed pet shops or pet food suppliers; [PL 2021, c. 99, §3 (AMD).] F. [PL 2001, c. 399, §3 (RP).] G. One member who is or has been a veterinarian licensed to practice in the State; [PL 2001, c. 399, §3 (RPR).] H. One member who owns a pet and represents the interests of the public in animal welfare, generally; [PL 2009, c. 333, §1 (AMD).] I. One attorney with experience in animal welfare law or prosecutorial experience within the state court system; [PL 2021, c. 99, §4 (AMD).] J. One cooperative extension agent or specialist; [PL 2001, c. 399, §3 (NEW).] K. One member with expertise in equine care; [PL 2003, c. 405, §4 (AMD).] L. One member with expertise in livestock representing a statewide farming organization; [PL 2009, c. 333, §1 (AMD).] M. One member representing a state-based animal advocacy group; [PL 2009, c. 333, §1 (AMD).] N. One member who holds a kennel license issued under section 3932‑B ; and [PL 2025, c. 414, §1 (AMD).] O. One member representing licensed breeding kennels. [PL 2009, c. 333, §1 (NEW).] In making the appointment of the veterinarian member, the Governor shall consider nominations made by the Maine Veterinary Medical Association. In making the appointment of the person holding a kennel license issued under section 3932‑B , the Governor shall consider nominations made by state-based dog clubs. [PL 2025, c. 414, §§1, 2 (AMD).]

2. Staff. The department shall provide necessary staffing services to the council. [PL 2009, c. 343, §1 (AMD).]

3. Compensation. Members of the council are entitled to travel and meal expenses only. [PL 2001, c. 399, §3 (RPR).]

4. Terms of office. Except for initial appointees, each member serves for a term of 3 years or until the member's successor has been appointed. A member may not serve more than 2 consecutive terms. In the case of a vacancy for any reason, the Governor shall appoint a member representing the same interest to fill the unexpired term. [PL 2009, c. 343, §2 (AMD).]

5. Initial terms of office. Initially, 4 appointed members serve for one year, 4 members serve for 2 years and 3 members serve for 3 years. [PL 2001, c. 399, §3 (RPR).]

6. Administration; meetings. The council shall elect one of its members as chair. The chair serves for a 2-year period and may not serve as chair for consecutive 2-year periods. The council shall hold regular public meetings at least every other month but may waive by majority vote a succeeding meeting. The chair shall call special meetings of the council whenever requested in writing by 2 or more members. The council shall send notice and minutes of the meetings to the joint standing committee of the Legislature having jurisdiction over animal welfare matters. The chair may delegate, as necessary, duties to members of the council, either individually or through the formation of subcommittees, to carry out the functions of the council. [PL 2025, c. 15, §1 (AMD).]

7. Duties. The council shall perform the following duties: A. Review and advise the commissioner on proposed revisions to the animal welfare laws and rules; [PL 2001, c. 399, §3 (NEW).] B. Assist the commissioner in the continuing implementation and evaluation of the animal welfare laws and rules; [PL 2001, c. 399, §3 (NEW).] C. Review training programs for humane agents and animal control officers and make recommendations for training appropriate to the duties of the humane agents and animal control officers; [PL 2001, c. 399, §3 (NEW).] D. Research options for increasing revenue to the Animal Welfare Fund to ensure funding for the implementation and enforcement of the animal welfare laws and rules, periodically evaluate the adequacy of funding for those laws and rules and make recommendations to the commissioner; and [PL 2001, c. 399, §3 (NEW).] E. Advise the commissioner on other matters related to the animal welfare laws and rules. [PL 2001, c. 399, §3 (NEW).] [PL 2001, c. 399, §3 (NEW).]
7 M.R.S. § 53-I — ME Code / Title 7 / Part 1 / Chapter 2-B / Section 53-I
7 §53-I. Registration and renewal on or after July 1, 2012
Status: in_force

Beginning on July 1, 2012, an owner of land may register any designated portion of that land that qualifies as farmland under this chapter by filing the information required under section 53‑C with the department and the appropriate registry of deeds in accordance with this section. [PL 2011, c. 608, §12 (NEW).]

1. Registry of deeds. Beginning on July 1, 2012, a landowner registering farmland under this chapter shall file a notarized copy of the completed registration form accompanied by the information required under section 53‑C with the registry of deeds of the county or counties in which the registered farmland and any abutting property is located. [PL 2011, c. 608, §12 (NEW).]

2. Effective date. A registration is effective upon filing with the registry of deeds under subsection 1 . [PL 2011, c. 608, §12 (NEW).]

3. Duration. A registration made under this chapter remains effective for 5 years from the effective date unless withdrawn earlier in accordance with section 53‑E . [PL 2011, c. 608, §12 (NEW).]

4. Renewal. A landowner may renew a registration under this chapter for successive 5-year periods. To renew a registration, a landowner must notify abutters as provided under section 53‑A, subsection 2 and submit a completed renewal application for certification by the soil and water conservation district under Title 12, section 6‑A . Upon receiving certification from the soil and water conservation district, the landowner must file a notarized copy of the renewed registration with the registry of deeds under subsection 1 and submit a copy to the department. When a landowner submits an application for renewal and a review under Title 12, section 6‑A prior to a registration lapsing, the registration on that farmland remains in effect until the application for renewal is approved or denied. [PL 2011, c. 608, §12 (NEW).]
7 M.R.S. § 1027 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 1027
7 §1027. Jurisdiction and disposal of forfeitures
Status: in_force

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. [PL 1977, c. 696, §85 (RPR).]
7 M.R.S. § 2952 — ME Code / Title 7 / Part 7 / Chapter 603 / Section 2952
7 §2952. Organization
Status: in_force

1. Members. The Maine Milk Commission, as established by Title 5, section 12004-E, subsection 2 , consists of the following 5 members: A. The commissioner or the commissioner's designee, ex officio; and [PL 2005, c. 382, Pt. F, §3 (NEW).] B. Four members, who must be residents of the State, appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over agriculture matters and subject to confirmation by the Legislature. [PL 2005, c. 382, Pt. F, §3 (NEW).] [PL 2005, c. 382, Pt. F, §3 (NEW).]

2. Conflict of interest. In addition to the limitations imposed under Title 5, section 18 , the following conflict of interest restrictions apply. A. A member of the commission appointed under subsection 1, paragraph B may not, at the time of appointment or while serving as a member of the commission, have a business or professional relationship or connection with or a financial interest in any producer, dealer, store or other person whose activities are subject to the jurisdiction of the commission. The retail purchase of milk for consumption is not a violation of this paragraph. [PL 2005, c. 382, Pt. F, §3 (NEW).] B. An employee of the commission may not have a business or professional relationship or connection with or a financial interest in any producer, dealer, store or other person whose activities are subject to the jurisdiction of the commission. The retail purchase of milk for consumption is not a violation of this paragraph. [PL 2005, c. 382, Pt. F, §3 (NEW).] C. A member or employee of the commission may not render, or be a member of a firm that renders, any professional or other service for or against a producer, dealer, store or other person whose activities are subject to the jurisdiction of the commission. [PL 2005, c. 382, Pt. F, §3 (NEW).] [PL 2005, c. 382, Pt. F, §3 (NEW).]

3. Terms; vacancies. Members of the commission appointed under subsection 1, paragraph B serve for a term of 4 years or until their successors are duly appointed and qualified, except that the initial terms of these members are for one, 2, 3 and 4 years so that the terms of the members of the commission are staggered. A vacancy in the membership of the commission must be filled by appointment by the Governor. [PL 2005, c. 382, Pt. F, §3 (NEW).]

4. Chair; employees and resources. The members of the commission shall elect a chair. With the approval of the commission, the commissioner may employ, subject to the Civil Service Law, a secretary and such officers, clerks, assistants and other employees as the commission determines necessary. To the extent possible, the commission shall make use of professional, expert or other resources available within the various departments of State Government, including, but not limited to, the department, the Department of Health and Human Services and the Department of the Attorney General, and such departments shall, as resources allow, provide necessary and appropriate services at the request of the commission. To the extent these services are not available or otherwise adequate, the commission may employ appropriate experts, professionals or others to assist it in carrying out its duties. [PL 2005, c. 382, Pt. F, §3 (NEW).]

5. Compensation; office; supplies. Members of the commission are compensated as provided in Title 5, chapter 379 , as determined by the Governor. The administrative costs of the commission, including expenses and compensation of members, may not exceed the amount of fees collected under this chapter. The commission must be furnished a suitable office at the seat of government, together with all necessary equipment and supplies. [PL 2005, c. 382, Pt. F, §3 (NEW).]

6. Special meetings. The chair shall call special meetings of the commission whenever requested in writing by 2 or more members of the commission. [PL 2005, c. 382, Pt. F, §3 (NEW).]
7 M.R.S. § 895 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 895
7 §895. Advertising
Status: in_force

Any person, partnership, association, firm or corporation, when quoting the price, shall include the grade on all flyers, newspapers, radio and television advertisements. [PL 1967, c. 104 (NEW).]
7 M.R.S. § 1045 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 1045
7 §1045. Exemptions and violations
Status: in_force

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. [PL 1977, c. 696, §87 (RPR).]

A person is not 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 that were incorrectly labeled or represented as to kind, variety, type or origin, which seeds cannot be identified by examination thereof, unless the person 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 ensure the identity to be that stated. [RR 2021, c. 1, Pt. B, §121 (COR).]

Violation of this subchapter is a civil violation for which the following forfeitures may be adjudged. [PL 1977, c. 696, §87 (RPR).]

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

2. Subsequent violation. For each subsequent similar violation, a forfeiture not to exceed $250. [PL 1977, c. 696, §87 (NEW).]
7 M.R.S. § 124 — ME Code / Title 7 / Part 1 / Chapter 5 / Section 124
7 §124. Expenditure of appropriation
Status: in_force

Sums that are appropriated in favor of the Maine Agricultural Experiment Station must be expended by the director of the station with the agreement of the Board of Agriculture in executing sections 121 , 122 and 123 . The board and the director shall seek agreement on all issues. In the event that agreement can not be reached, final authority rests with the director. [PL 1997, c. 711, §4 (AMD).]
7 M.R.S. § 191 — ME Code / Title 7 / Part 1 / Chapter 7 / Section 191
7 §191. Purpose
Status: in_force

In order to aid in diffusing among the people of this State useful and practical information on subjects relating to agriculture and natural resources, youth development, and home economics and community life and to encourage the application of the same, there may be inaugurated in each of the several counties of the State extension work which shall be carried on in cooperation with the Trustees of the University of Maine System and the University of Maine. [PL 1985, c. 779, §26 (AMD).]
7 M.R.S. § 82 — ME Code / Title 7 / Part 1 / Chapter 4 / Section 82
7 §82. Commissioner's duties and powers
Status: in_force

1. Licensing and apportionment. The commissioner shall issue fair licenses in accordance with section 83 . The commissioner shall apportion annually the stipend due from the Stipend Fund and the Fair Fund to qualified fair licensees. [PL 2005, c. 563, §3 (NEW).]

2. Administration of Stipend Fund and Fair Fund. In administering the provisions of this chapter pertaining to the Stipend Fund and the Fair Fund, the commissioner shall: A. Issue blanks for a licensee or the appropriate officer of a licensee to submit information necessary for the commissioner to obtain full knowledge of the licensee's work for each year; [PL 2005, c. 563, §3 (NEW).] B. Certify to the Governor the amount of stipend due a licensee; and [PL 2005, c. 563, §3 (NEW).] C. Make distributions from the Stipend Fund and the Fair Fund in accordance with this chapter. [PL 2005, c. 563, §3 (NEW).] [PL 2005, c. 563, §3 (NEW).]

3. Authority to summons. The commissioner may summon and examine on oath an officer or director of any entity holding a fair license or any person whose testimony the commissioner considers necessary in the proper discharge of the commissioner's duties under this chapter. The commissioner may require witnesses to offer for examination books or records in their custody or control that the commissioner considers necessary for the performance of the commissioner's duties. [PL 2005, c. 563, §3 (NEW).]

4. Authorization for payment. The commissioner may authorize payment of a stipend only to a fair licensee that has adhered to the requirements of this chapter. A fair licensee is not entitled to a stipend unless the licensee completes and returns blanks issued in accordance with subsection 2 . Neglect or failure on the part of a licensee to adhere to the requirements of this chapter is sufficient cause for withholding that licensee's stipend. [PL 2005, c. 563, §3 (NEW).]

5. Rulemaking. The commissioner shall adopt rules to establish procedures for licensing and awarding dates for agricultural fairs and performance standards for evaluating agricultural fairs. The commissioner, in consultation with the executive director of the State Harness Racing Commission, shall adopt rules that require agricultural fairs that receive a distribution of slot machine revenue in accordance with Title 8, section 1036, subsection 2 to submit information regarding the use of that revenue sufficient for the executive director to submit the report required by Title 8, section 1037 . Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 358, §1 (AMD).]

6. Report on revenues from the operation of slot machines. The commissioner shall coordinate with the executive director of the State Harness Racing Commission to submit a report regarding the distribution of slot machine revenues as required by Title 8, section 1037 . [PL 2011, c. 358, §2 (NEW).]
7 M.R.S. § 977 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 977
7 §977. Potato Marketing Improvement Fund Operating Account
Status: in_force

There is established a Potato Marketing Improvement Fund Operating Account. This account draws funds from the fund on a periodic basis to be determined by the board to cover the costs of administering the fund and any grants made. [PL 2013, c. 403, §10 (AMD).]
7 M.R.S. § 2104-A — ME Code / Title 7 / Part 5 / Chapter 401 / Section 2104-A
7 §2104-A. Arrears in payments to Seed Potato Board
Status: in_force

A person who on July 15th of any year is in arrears as to full payment for potato seed purchased from the Seed Potato Board is not eligible for listing in the Maine certified seed potatoes book for that year published by the department's division of animal and plant health. [PL 2011, c. 420, Pt. A, §4 (AMD).]
7 M.R.S. § 2981 — ME Code / Title 7 / Part 7 / Chapter 603-A / Section 2981
7 §2981. Definitions
Status: in_force

Unless the context otherwise indicates, the definitions contained in section 2951 shall apply to this chapter. [PL 1983, c. 484, §2 (NEW).]
7 M.R.S. § 3 — ME Code / Title 7 / Part 1 / Chapter 1 / Section 3
7 §3. Bureaus and divisions
Status: in_force

The commissioner may establish and organize such bureaus and divisions in the department as the commissioner considers necessary and may incorporate the commissions, boards and committees of the department within these bureaus and divisions. The commissioner may issue such administrative orders as the commissioner considers necessary to carry out the functions of the department. [RR 2021, c. 1, Pt. B, §52 (COR).]

Directors are unclassified employees and are appointed by the commissioner. [PL 2005, c. 337, §3 (NEW); PL 2005, c. 337, §4 (AFF).]
7 M.R.S. § 2903-A — ME Code / Title 7 / Part 7 / Chapter 601 / Section 2903-A
7 §2903-A. Refusal to purchase
Status: in_force

1. Notice of refusal. A milk plant owner or operator who has a verbal or written contract with a milk producer for the purchase of milk may not refuse to continue to purchase milk under the contract without first giving notice to the producer in accordance with this section. The milk plant owner or operator shall give written notice of intent to refuse to purchase to the producer and to the commissioner. The notice must state the date upon which the refusal will become effective. A. Except as provided in paragraph B , the refusal does not become effective until 30 days following the milk plant owner or operator's notice of intent to refuse to purchase milk from the producer. [PL 1999, c. 679, Pt. A, §8 (AMD).] B. If a milk plant owner or operator's refusal to continue to purchase milk is based on failure of the producer's milk to meet the milk plant owner or operator's quality criteria or the Interstate Milk Shipments Conference Standards, whichever is applicable, the refusal may become effective on less than 30 days' notice. Upon issuance of notice of intent to refuse purchase because of failure to meet the criteria or standards, the milk plant owner or operator shall cause a sample of the refused milk to be taken immediately and transferred to the commissioner for testing in the state central laboratory. Upon receipt of the test results that the sample does not meet the milk plant owner or operator's quality criteria or the Interstate Milk Shipments Conference Standards, whichever is applicable, refusal to continue to purchase becomes effective immediately. Notice must be given to the producer by the milk plant owner or operator immediately upon the milk plant owner or operator's receipt of the test results. The state central laboratory shall mail the results of the test to the milk plant owner or operator and milk producer. [PL 1999, c. 679, Pt. A, §8 (AMD).] [PL 1999, c. 679, Pt. A, §8 (AMD).]

2. Challenge of refusal; adjudicatory hearing. If the producer or the milk plant owner or operator desires to question the refusal to purchase or the test given under subsection 1, paragraph B , either may do so within 10 days after receipt of the notice from the milk plant owner or operator of the test results by requesting, in writing, that the commissioner conduct an adjudicatory hearing pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375 . If a request for hearing is made by the milk plant owner or operator, refusal to purchase does not become effective until the hearing is held and a decision upholding the milk plant owner or operator's refusal has been issued by the commissioner. The decision of the commissioner as to the reasonableness of the milk plant owner or operator's refusal to purchase is considered final agency action for purposes of the Maine Administrative Procedure Act. [PL 1999, c. 679, Pt. A, §8 (AMD).]
7 M.R.S. § 604 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 604
7 §604. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 620, §3 (AMD).]

1. Active ingredient. "Active ingredient" means any ingredient that will prevent, destroy, repel, control or mitigate pests or that will act as a plant regulator, defoliant or desiccant. [PL 2005, c. 620, §3 (AMD).]

2. Adulterated. "Adulterated," as applied to a pesticide, means that: A. The pesticide's strength or purity falls below the standard of quality as expressed on the labeling under which it is sold; [PL 2005, c. 620, §3 (NEW).] B. A substance has been substituted wholly or in part for the pesticide; or [PL 2005, c. 620, §3 (NEW).] C. A valuable constituent of the pesticide has been wholly or in part abstracted. [PL 2005, c. 620, §3 (NEW).] [PL 2005, c. 620, §3 (AMD).]

3. Animal. "Animal" means all vertebrate and invertebrate species, including but not limited to humans and other mammals, birds, fish and shellfish. [PL 2005, c. 620, §3 (AMD).]

4. Beneficial insects. "Beneficial insects" means those insects that, during their life cycle, are effective pollinators of plants, are parasites or predators of pests or are otherwise beneficial. [PL 2005, c. 620, §3 (AMD).]

5. Commissioner. [PL 2005, c. 620, §3 (RP).]

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. [PL 1975, c. 382, §3 (NEW).]

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

8. Device. "Device" means any instrument or contrivance, other than a firearm, that is intended for trapping, destroying, repelling or mitigating any pest or any other form of plant or animal life, other than a human being and other than a bacterium, virus or other microorganism on or in a living human being or other living animal. "Device" does not include equipment used for the application of pesticides when sold separately from pesticides. [PL 2005, c. 620, §3 (AMD).]

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. [PL 2005, c. 620, §3 (AMD).]

10. Environment. "Environment" includes water, air and land and all plants and human beings and other animals living therein and the interrelationships that exist among these. [PL 2005, c. 620, §3 (AMD).]

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

12. FIFRA. "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act. [PL 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, including but not limited to rusts, smuts, mildews, molds, yeasts and bacteria, except those on or in living human beings or other living animals, and except those in or on processed food, beverages or pharmaceuticals. [PL 2005, c. 620, §3 (AMD).]

14. Highly toxic pesticide. "Highly toxic pesticide" means any pesticide determined to be a highly toxic pesticide under FIFRA, Section 25(c)(2) or by the board under section 610, subsection 1, paragraph B . [PL 2005, c. 620, §3 (AMD).]

15. Imminent hazard. "Imminent hazard" means a situation that 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. [PL 2005, c. 620, §3 (AMD).]

16. Inert ingredient. "Inert ingredient" means an ingredient that is not an active ingredient. [PL 2005, c. 620, §3 (AMD).]

17. Ingredient statement. "Ingredient statement" means a statement of the following: A. The name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide; and [PL 2005, c. 620, §3 (NEW).] B. If the pesticide contains arsenic in any form, the percentages of total and water-soluble arsenic, each calculated as elemental arsenic. [PL 2005, c. 620, §3 (NEW).] [PL 2005, c. 620, §3 (AMD).]

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, including but not limited to beetles, bugs, bees and flies, and to other allied classes or arthropods whose members are wingless and usually have more than 6 legs, including but not limited to spiders, mites, ticks, centipedes and wood lice. [PL 2005, c. 620, §3 (AMD).]

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. [PL 1975, c. 382, §3 (NEW).]

20. Labeling. "Labeling" means the label and all other written, printed or graphic matter: A. Accompanying the pesticide or device at any time; or [PL 2005, c. 620, §3 (NEW).] B. To which reference is made on the label or in literature accompanying the pesticide or device, except current official publications of EPA, the United States Department of Agriculture, the United States Department of the Interior, the United States Department of Health and Human Services, a state experiment station, a state agricultural college or other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides. [PL 2005, c. 620, §3 (NEW).] [PL 2005, c. 620, §3 (AMD).]

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. [PL 1975, c. 382, §3 (NEW).]

22. Nematode. "Nematode" means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented roundworms with elongated fusiform or sac-like bodies covered with cuticle, and inhabiting soil, water, plants or plant parts; nematodes may also be called nemas or eelworms. [PL 2005, c. 620, §3 (AMD).]

22-A. Perfluoroalkyl and polyfluoroalkyl substances or PFAS. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the same meaning as in Title 32, section 1732, subsection 5‑A . [PL 2021, c. 673, §1 (NEW).]

23. Person. "Person" means any individual, partnership, association, fiduciary, corporation or any organized group of persons whether incorporated or not. [PL 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 viruses, bacteria or other microorganisms, except viruses, bacteria or other microorganisms on or in living human beings or other living animals, that the commissioner declares to be a pest under section 610, subsection 1, paragraph A . [PL 2005, c. 620, §3 (AMD).]

25. Pesticide. "Pesticide" means: A. Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pests; [PL 2021, c. 673, §2 (NEW).] B. Any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant; and [PL 2021, c. 673, §2 (NEW).] C. Any substance or mixture of substances intended to be used as a spray adjuvant. [PL 2021, c. 673, §2 (NEW).] "Pesticide" includes a highly toxic pesticide. [PL 2021, c. 673, §2 (RPR).]

25-A. Plant-incorporated protectant. "Plant-incorporated protectant" means a pesticidal substance that is produced and used in a living plant through genetic engineering and the genetic material necessary for the production of the pesticidal substance. [PL 2007, c. 484, §1 (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. "Plant regulator" does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments. [PL 2005, c. 620, §3 (AMD).]

27. Protect health and the environment. "Protect health and the environment" means to protect against any unreasonable adverse effects on the environment. [PL 2005, c. 620, §3 (AMD).]

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

29. Registration. "Registration" includes reregistration. [PL 2005, c. 620, §3 (AMD).]

30. Restricted use pesticide. "Restricted use pesticide" means any pesticide or pesticide use classified for restricted use by the EPA Administrator. [PL 2005, c. 620, §3 (AMD).]

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. [PL 2005, c. 620, §3 (AMD).]

31-A. Spray adjuvant. "Spray adjuvant" means any wetting agent, spreading agent, sticker, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier or similar agent that is intended to be used with any other pesticide as an aid to the application or the effect of it and that is in a package or container separate from that of the other pesticide. [PL 2021, c. 673, §3 (NEW).]

32. Unreasonable adverse effects on the environment. "Unreasonable adverse effects on the environment" means any unreasonable risk to human beings or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide. [PL 2005, c. 620, §3 (AMD).]

33. Weed. "Weed" means any plant that grows where it is not wanted. [PL 2005, c. 620, §3 (AMD).]

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. [PL 1975, c. 382, §3 (NEW).]