7 M.R.S. § 435 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 435
7 §435. Agricultural marketing loans
Status: in_force

1. Administration. The commissioner shall administer the Agricultural Marketing Loan Fund established under Title 10, section 1023‑J . [PL 1995, c. 658, §1 (NEW).]

2. Conditions. Agricultural marketing loans are subject to the following conditions. A. An agricultural marketing loan for any project under this subchapter, the total cost of which exceeds $200,000, may not exceed 90% of the project cost. A loan from the fund may not be provided for such a project unless the applicant demonstrates a commitment of private funds of at least 5% of the total cost of the project; except that, in order to encourage the undertaking of cooperative projects by 2 or more agricultural enterprises, an agricultural marketing loan may not be provided unless the cooperating agricultural enterprises as a group demonstrate a commitment of private funds of at least 5% of the total cost of the project. [PL 2021, c. 710, §5 (AMD).] B. An agricultural marketing loan for any project under this subchapter, the total cost of which is $200,000 or less, may not exceed 90% of the total cost of the project. [PL 2021, c. 710, §6 (AMD).] C. An agricultural marketing loan must be at the interest rate established pursuant to subsection 3 or 3‑A . [PL 2007, c. 660, §10 (AMD).] D. A purchaser of a modern storage facility that was previously financed with a state loan from the Potato Marketing Improvement Fund may receive a loan from the Agricultural Marketing Loan Fund, but not for the same project financed by the Potato Marketing Improvement Fund. Mortgages obtained from the Agricultural Marketing Loan Fund may be assumed by subsequent purchasers of the property. The department shall adopt rules concerning the purchase of existing buildings. These rules must include provisions that ensure that the purchases are consistent with the purposes of this subchapter. [PL 1995, c. 658, §1 (NEW).] E. An agricultural marketing loan is subject to other terms and conditions prescribed, by rule, by the commissioner, including, but not limited to, a mechanism for reserving funds for, or giving priority to, projects in agricultural enterprises or areas of the State determined by the commissioner to require special assistance. When considering loans for aquacultural enterprises, the commissioner shall consult with the Department of Marine Resources. [PL 1995, c. 658, §1 (NEW).] F. [PL 1999, c. 533, §1 (NEW); MRSA T. 7 §435, sub-§2, ¶ F (RP).] G. [PL 2007, c. 660, §11 (RP).] G. (REALLOCATED TO T. 7, §435, sub-§2, ¶H) [RR 1999, c. 2, §6 (RAL); PL 1999, c. 769, §5 (NEW).] H. (REALLOCATED FROM T. 7, §435, sub-§2, ¶G) [RR 1999, c. 2, §6 (RAL); MRSA T. 7 §435, sub-§2, ¶ H (RP).] I. [PL 2003, c. 168, §2 (NEW); MRSA T. 7 §435, sub-§2, ¶ I (RP).] [PL 2021, c. 710, §§5, 6 (AMD).]

3. Interest rate. [PL 2021, c. 710, §7 (RP).]

3-A. Loans for participants in the Maine Farms for the Future Program. The interest rate for loans for capital improvements identified in a business plan developed under section 318 for a farm determined eligible under section 319 is the federal prime rate on the date of loan commitment but may not be greater than 2%. [PL 2021, c. 710, §8 (AMD).]

3-B. Interest rate. Except as provided in subsection 3‑A , the interest rate for loans under this section is the federal prime rate on the date of loan commitment but may not be greater than 5%. Loans current on the effective date of this subsection may be refinanced at the borrower’s request to an interest rate of the federal prime rate but not greater than 5%. [PL 2021, c. 710, §9 (NEW).]

4. Administrative costs. The commissioner may establish, by rule, a fee for administrative costs on loans in excess of $100,000. This fee may not exceed 1% of the loan. The commissioner may contract with the Finance Authority of Maine to assist in the administration of this subchapter. [PL 2003, c. 168, §3 (AMD).]

5. Report. The commissioner shall submit an annual report on or before March 1st of each year to the joint standing committee of the Legislature having jurisdiction over agricultural matters. The report must include a summary of loans made under this section during the previous fiscal year and loans outstanding categorized by the types of agricultural enterprises receiving the loans. The report must address the effectiveness of the program. Effectiveness measures may include, but are not limited to, evaluation of the number of companies retained, expanded or created; the increase in the number of jobs created or retained; any increased business revenues and new capital raised; improved wages paid to employees; and any new capital investment and increase in profitability. [PL 2013, c. 256, §2 (AMD).]
7 M.R.S. § 454 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 454
7 §454. Licensing required
Status: in_force

A person may not act as agent, broker, dealer or processor unless duly licensed as provided in this subchapter. Before acting as a dealer, processor, broker or agent, a person shall file an application with the commissioner for a license to transact the business of a dealer, processor, broker or agent and the application must be accompanied by the license fee provided in this subchapter. [PL 2005, c. 512, §13 (AMD).]

A person may not buy, solicit or negotiate the sale of any licensed commodity in this State as a representative of any agent, broker, dealer or processor unless that person has been authorized as a representative by a licensee in writing, and a copy of the authorization is filed with the commissioner, except when the person conducts business in the office of the licensee. A licensee shall notify the commissioner in writing immediately upon terminating the authorization for a person to act as that licensee's representative. [PL 2005, c. 512, §13 (AMD).]
7 M.R.S. § 483 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 483
7 §483. Adulteration
Status: in_force

For the purpose of this chapter and chapter 103 , unless the term is more specifically defined, "adulterated" means made impure or inferior by adding extraneous ingredients. Goods that are prepared in food establishments that are licensed facilities under Title 22, section 2167 and that contain cannabis for medical use by a qualifying patient, pursuant to Title 22, chapter 558‑C , are not considered to be adulterated under this subchapter. [PL 2011, c. 407, Pt. A, §1 (AMD); PL 2021, c. 669, §5 (REV).]

1. Drug. [PL 2005, c. 512, §18 (RP).]

2. Meat or meat products. In case of meat or meat products: If any sodium sulphite, sodium bisulphite or any drug, chemical, chemical compound or preservative from which sulphur dioxide can be liberated has been added thereto or mixed therewith.
7 M.R.S. § 2231 — ME Code / Title 7 / Part 5 / Chapter 406-A / Section 2231
7 §2231. Hemp
Status: in_force

1. Definition. [PL 2019, c. 528, §1 (RP).]

1-A. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Certified seed source" means a source of hemp seeds that are certified by a 3rd party as producing hemp having a delta‑9‑tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. [PL 2019, c. 528, §1 (NEW).] B. "Clone" means a hemp plant produced using any part of another hemp plant other than the seeds of that hemp plant. [PL 2019, c. 528, §1 (NEW).] C. "Grower licensee" means a person licensed pursuant to subsection 4 . [PL 2019, c. 528, §1 (NEW).] D. "Hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta‑9‑tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis, or as otherwise defined in federal law. "Hemp" includes agricultural commodities and products derived from hemp and topical or ingestible consumer products, including food, food additives and food products derived from hemp, which in their final forms contain a delta-9-tetrahydrocannabinol concentration of not more than 0.3% or as otherwise defined in federal law. "Hemp" does not include cannabis for medical use pursuant to Title 22, chapter 558‑C or adult use cannabis pursuant to Title 28‑B, chapter 1 . [PL 2019, c. 528, §1 (NEW); PL 2021, c. 669, §5 (REV).] E. "Indoor facility" means a building, greenhouse, cold frame, hoop house, high tunnel, floating row cover or other agricultural or horticultural method of extending the growing season by enclosing the growing area. [PL 2019, c. 528, §1 (NEW).] F. "Nonintoxicating cannabinoid" means: (1) Cannabidiol, also known as "CBD"; (2) Tetrahydrocannabivarin, also known as "THCV"; (3) Cannabichromene, also known as "CBC"; (4) Cannabicitran, also known as "CBTC"; (5) Cannabicyclol, also known as "CBL"; (6) Cannabielsoin, also known as "CBE"; (7) Cannabigerol, also known as "CBG"; (8) Cannabidivarin, also known as "CBDV"; and (9) Cannabinol, also known as "CBN." [PL 2025, c. 416, §1 (NEW).] G. "Potentially intoxicating cannabinoids" include the following: (1) Delta-10-tetrahydrocannabinol and its isomers; (2) Delta-9-tetrahydrocannabinol and its isomers; (3) Delta-8-tetrahydrocannabinol and its isomers; (4) Delta-7-tetrahydrocannabinol and its isomers; (5) Delta-6a,10a-tetrahydrocannabinol and its isomers; (6) Exo-tetrahydrocannabinol; (7) Metabolites of tetrahydrocannabinol, including 11-hydroxy-tetrahydrocannabinol, 3'-hydroxy-tetrahydrocannabinol and 7-hydroxy-delta-tetrahydrocannabinol; (8) Hydrogenated forms of tetrahydrocannabinol, including hexahydrocannabinol, hexahydrocannabiphorol and hexahydrocannabihexol; (9) Synthetic forms of tetrahydrocannabinol, including dronabinol; (10) Ester forms of tetrahydrocannabinol, including delta-8-tetrahydrocannabinol-O-acetate, delta-9-tetrahydrocannabinol-O-acetate and hexahydrocannabinol-O-acetate; (11) Varin forms of tetrahydrocannabinol, including delta-8-tetrahydrocannabivarin but excluding delta-9-tetrahydrocannabivarin; and (12) Analogs of tetrahydrocannabinols with an alkyl chain of 4 or more carbon atoms, including tetrahydrocannabiphorols, tetrahydrocannabioctyls, tetrahydrocannabihexols and tetrahydrocannabutols. [PL 2025, c. 416, §2 (NEW).] H. "Potentially intoxicating hemp product" means any products derived from hemp and ingestible consumer products, including food, food additives, food products and beverages derived from hemp, that in their final forms do not contain: (1) A concentration of less than 0.3% potentially intoxicating cannabinoids; and (2) A ratio of more than 10:1 of nonintoxicating cannabinoids to potentially intoxicating cannabinoids. [PL 2025, c. 416, §3 (NEW).] [PL 2025, c. 416, §§1-3 (AMD).]

2. Growing permitted. Notwithstanding any provision of law to the contrary, a person may plant, grow, harvest, possess, process, sell and buy hemp if that person holds a license issued pursuant to subsection 4 . A grower licensee may plant, grow and harvest only hemp that is grown from seeds saved by the grower licensee as provided in paragraph A , acquired from a certified seed source, grown from a clone that is produced from seeds acquired from a certified seed source or propagated from tissue cultures that are removed from live plants grown from seeds acquired from a certified seed source. A grower licensee may acquire hemp seeds directly from a certified seed source or from a hemp seed distributor licensed in this State distributing hemp seeds pursuant to subsection 2‑A . A. A grower licensee may save seeds from hemp plants that the person has grown and harvested and, after having ensured through testing by an independent 3rd-party tester that the plants that will grow from the seeds will meet the definition of hemp, may use those seeds for breeding and planting hemp. [PL 2019, c. 528, §1 (NEW).] B. A grower licensee, within 14 days after planting hemp seeds or clones, shall provide to the commissioner a listing of the varieties of seeds or clones planted and a statement that the seeds or clones meet the definition of hemp. [PL 2021, c. 761, §2 (AMD).] [PL 2021, c. 761, §2 (AMD).]

2-A. Seed distribution. The commissioner may issue a license for a hemp seed distributor if the hemp seeds distributed by the hemp seed distributor are from a certified seed source. The commissioner may issue a license under this subsection to a holder of a seed labeling license pursuant to section 1044‑A . [PL 2015, c. 202, §1 (NEW).]

3. Application. A person desiring to grow hemp for commercial purposes shall apply to the commissioner for a license on a form prescribed by the commissioner. The application must include the name and address of the applicant, the legal description of the land area or indoor facility to be used for the production of hemp and a map, an aerial photograph or global positioning coordinates sufficient for locating the production fields or the floor plan of any indoor facility. [PL 2019, c. 528, §1 (AMD).]

4. License issued. Upon review and approval of an application, the commissioner shall notify the applicant for a license to grow hemp under subsection 3 of the approval and request that the application fee determined under subsection 7 be submitted. Upon receipt of the appropriate fee, the commissioner shall issue a license, which is valid for a period of one year and only for the site or sites specified in the license. A person who manufactures, sells, offers for sale or serves ingestible consumer products containing hemp or cannabidiol derived from hemp must be licensed pursuant to section 2901‑C ; Title 22, chapters 551 , 562 or 562‑A ; or Title 28‑A . [PL 2019, c. 528, §1 (NEW).] [PL 2019, c. 528, §1 (AMD).]

5. Documentation. [PL 2015, c. 202, §1 (RP).]

5-A. Final location for growing hemp. A grower licensee shall, within 14 days of planting hemp, provide the commissioner with a final legal description of the land area or indoor facility to be used for the production of hemp and a map, an aerial photograph or global positioning coordinates sufficient for locating each field, site or indoor facility where hemp is growing. [PL 2019, c. 528, §1 (NEW).]

6. Rules. The commissioner shall adopt rules to align the laws governing hemp in this State with 7 United States Code, Section 1639p(a)(2)(A) (2020), 7 Code of Federal Regulations, Part 990 (2020) and any additional federal statutes or regulations. The rules must establish an application fee, a license fee, per acre or per square foot fees for monitoring, sampling and testing and guidelines for monitoring the growth and harvest of hemp. The rules must establish a mechanism for conducting criminal background checks on grower licensees and all key participants and require fees to be paid by the grower licensee or key participant. For purposes of this subsection, "key participant" means a person who, as determined by the commissioner by rule, has a direct or indirect financial interest in an entity producing hemp, such as an owner or partner in a partnership. "Key participant" also includes a person in a corporate entity at an executive level including a chief executive officer, chief operating officer and chief financial officer. "Key participant" does not include other management positions such as farm, field or shift managers. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 761, §3 (RPR).]

6-A. Preliminary program; indoor cultivation. [PL 2021, c. 761, §4 (RP).]

7. Fees. The commissioner shall establish through rulemaking under subsection 6 an application fee, a license fee and per acre or per square foot fees for monitoring, sampling and testing that are reasonable and necessary to cover the costs of the department. The application fee must be no less than $50 and no more than $100, the license fee must be no less than $100 and no more than $500, and the fees for monitoring, sampling and testing must be no less than $1 per acre and no more than $100 per acre and no more than 25¢ per square foot. All fees received pursuant to this subsection must be paid to the Treasurer of State and credited to a separate, nonlapsing account in the department. Money received pursuant to this subsection must be used for the expenses of administering this chapter. [PL 2019, c. 528, §1 (AMD).]

8. Licensing contingent upon action by Federal Government. [PL 2015, c. 202, §1 (RP).]

9. Confidentiality. [PL 2021, c. 761, §5 (RP).]

10. Hemp not tracked as cannabis. Notwithstanding any provision of Title 22, chapter 558‑C or Title 28‑B, chapter 1 to the contrary, hemp and products derived from hemp may not be tracked as part of the medical use of cannabis program under Title 22, chapter 558‑C or the regulation of adult use cannabis under Title 28‑B, chapter 1 . [PL 2019, c. 528, §1 (NEW); PL 2021, c. 669, §5 (REV).]

11. Annual report. No later than April 1st, the commissioner shall submit to the joint standing committee of the Legislature having jurisdiction over agricultural matters an annual report that contains at a minimum: A. The number of licenses issued under subsection 4 ; [PL 2019, c. 528, §1 (NEW).] B. The number of acres of all land areas licensed for the cultivation of hemp and the square footage of indoor facilities licensed for the cultivation of hemp; [RR 2021, c. 2, Pt. A, §12 (COR).] C. Total amount of harvested hemp, in pounds; [PL 2019, c. 528, §1 (NEW).] D. The types of commodities or products derived from hemp manufactured or sold within the State; and [PL 2019, c. 528, §1 (NEW).] E. The types of commodities or products derived from hemp exported outside the State. [PL 2019, c. 528, §1 (NEW).] [RR 2021, c. 2, Pt. A, §12 (COR).]

12. Potentially intoxicating hemp products; prohibited sales. A potentially intoxicating hemp product may not be sold to a person who has not attained 21 years of age. [PL 2025, c. 416, §4 (NEW).]

13. Packaging and labeling requirements. This subsection governs packaging and labeling requirements for hemp products. A. A potentially intoxicating hemp product that is not a beverage, salve or topical product must be packaged in child-resistant and tamper-evident packaging. [PL 2025, c. 416, §5 (NEW).] B. A hemp product may not be labeled or packaged in violation of a federal trademark law or regulation or in a manner that would cause a reasonable consumer confusion as to whether the item was a different trademarked product. [PL 2025, c. 416, §5 (NEW).] [PL 2025, c. 416, §5 (NEW).]
7 M.R.S. § 1759 — ME Code / Title 7 / Part 4 / Chapter 303 / Section 1759
7 §1759. Vehicle detainment and inspection
Status: in_force

If the commissioner has sufficient reason to believe that a contagious or infectious animal disease that is classified as reportable under section 1801 or a pathogen that is classified as reportable under section 1801 has been or may be introduced into the State, the commissioner may stop and inspect vehicles transporting domestic animals or poultry to ensure that biosecurity procedures, including cleaning and disinfection, outlined by the United States Department of Agriculture have been adhered to and that importation certification documents are in order. [PL 2001, c. 572, §31 (NEW).]

An incoming vehicle may be refused entry into the State and an outgoing vehicle may be detained within the State until any necessary inspection or disinfection has been performed or any required evidence of inspection or disinfection has been received by the commissioner. [PL 2001, c. 572, §31 (NEW).]
7 M.R.S. § 2325 — ME Code / Title 7 / Part 5 / Chapter 410 / Section 2325
7 §2325. Compact administrator
Status: in_force

The compact administrator for this State is the Commissioner of Agriculture, Conservation and Forestry. The duties of the compact administrator are deemed a regular part of the duties of this office. [PL 2005, c. 147, §1 (NEW); PL 2011, c. 657, Pt. W, §6 (REV).]
7 M.R.S. § 743-A — ME Code / Title 7 / Part 2 / Chapter 103 / Section 743-A
7 §743-A. Tonnage report
Status: in_force

1. Registrants required to report. On or before September 1st of each year, a registrant shall file with the commissioner, on a form prescribed by the commissioner, the number of tons of each brand and grade of commercial fertilizer sold by the registrant in the State during the 12 months preceding July 1st of that year. [PL 2015, c. 191, §3 (AMD).]

2. Fees; nonlapsing fund. [PL 2015, c. 191, §4 (RP).]

3. Commissioner's report. The commissioner or the commissioner's agent may publish and distribute annually, to each registrant and other interested persons, a report showing the total tons of commercial fertilizer and the total tons by grade sold in the State. [PL 2015, c. 191, §5 (AMD).]
7 M.R.S. § 1702 — ME Code / Title 7 / Part 4 / Chapter 301 / Section 1702
7 §1702. Certificate
Status: in_force

There shall be left with the owner of all condemned animals a proper certificate, duly authenticated, showing the number condemned and the value at which they are appraised, which shall be transferable only with the consent and acceptance of the commissioner.
7 M.R.S. § 3911-B — ME Code / Title 7 / Part 9 / Chapter 719 / Section 3911-B
7 §3911-B. Disposition of wolf hybrid at large
Status: in_force

The owner or keeper of a wolf hybrid found at large commits a civil violation. An animal control officer or person acting in that capacity shall seize, impound or restrain a wolf hybrid found at large and proceed under this section. [PL 2011, c. 100, §6 (NEW).]

1. Owner of wolf hybrid located. If a wolf hybrid at large is licensed under section 3922, subsection 3‑B or its owner can otherwise be identified and located, an animal control officer or person acting in that capacity shall take the wolf hybrid to its owner and issue citations for violations of this Part. [PL 2011, c. 100, §6 (NEW).]

2. Unable to locate owner. If an animal at large is permanently identified as a wolf hybrid in accordance with section 3921‑A but the owner of record cannot be located, an animal control officer or person acting in that capacity shall take the wolf hybrid to the animal shelter designated by the respective municipality in which the wolf hybrid was found. An animal shelter that accepts a wolf hybrid under this subsection is entitled to receive from the department the sum of $4 a day for the period for which food and shelter are furnished, not to exceed 6 days. The animal shelter's responsibilities and the procedure for filing claims and calculating fees established under section 3913, subsection 3 apply to wolf hybrids accepted under this subsection. Upon expiration of the 6-day period, ownership of the wolf hybrid is vested in the animal shelter. The animal shelter shall: A. Transfer ownership of the wolf hybrid to a person 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, §6 (NEW).] B. Transfer ownership of the wolf hybrid to a person who operates an animal refuge in another state and is licensed to accept wolf hybrids; or [PL 2011, c. 100, §6 (NEW).] C. After keeping the wolf hybrid for 8 days, euthanize the wolf hybrid humanely in accordance with Title 17, chapter 42, subchapter 4 . [PL 2011, c. 100, §6 (NEW).] [PL 2011, c. 100, §6 (NEW).]

3. Owner unknown. If an animal suspected of being a wolf hybrid is found at large and that animal is not licensed under section 3922 and does not bear any identification of the owner, an animal control officer or person acting in that capacity shall notify the Department of Inland Fisheries and Wildlife and request assistance in the capture and disposition of the animal under Title 12, section 12160 . [PL 2011, c. 100, §6 (NEW).]

4. Euthanasia for severely sick, severely injured or extremely vicious wolf hybrid. Notwithstanding subsections 1 , 2 and 3 , 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 wolf hybrid upon determining that the following conditions are met: A. The clerk, dog recorder or animal control officer of the respective municipality where the wolf hybrid was found has been notified of the animal's presence and the owner of the wolf hybrid, if known, has been notified; and [PL 2011, c. 100, §6 (NEW).] B. A veterinarian states in writing that the wolf hybrid's recovery from its injury or illness, given reasonable time and reasonable care, is doubtful or that the wolf hybrid presents a danger to the public. [PL 2011, c. 100, §6 (NEW).] Notwithstanding paragraphs A and B , a veterinarian may authorize immediate euthanasia if, in the veterinarian's judgment, the wolf hybrid is severely injured or sick and has no possibility of recovery. [PL 2011, c. 100, §6 (NEW).]

5. 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 4 nor is any person performing euthanasia under that authorization. [PL 2011, c. 100, §6 (NEW).]
7 M.R.S. § 511 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 511
7 §511. Enforcement
Status: in_force

It is the duty of the department, its officers, agents, inspectors and employees to enforce this subchapter. [PL 1965, c. 65 (NEW).]
7 M.R.S. § 54 — ME Code / Title 7 / Part 1 / Chapter 2-B / Section 54
7 §54. Proceedings
Status: in_force

Notwithstanding Title 30‑A , sections 2691 and 4353 , an abutting landowner or the municipality may initiate any of the following proceedings with the municipal board of appeals, or, if none, with the municipal officers. The department shall be notified of any action initiated under this section or section 57 in accordance with Title 30‑A, section 4353, subsection 3 . [PL 1989, c. 478, §1 (NEW).]

1. Proceedings to determine eligibility of farmland for registration. If the eligibility of any land for registration is questioned, the owner of the farmland shall have the burden of proving to the municipal body that the farmland meets the requirements for registration under this chapter. A proceeding under this subsection must commence within 15 days of the day notice of registration is received by the party initiating the proceeding. [PL 1989, c. 478, §1 (NEW).]

2. Proceedings to determine continued eligibility of registered farmland. Once in any 2-year period, a proceeding may be initiated to determine if the registered farmland continues to meet the requirements for registration under this chapter. The owner of registered farmland shall bear the burden of proof. [PL 1989, c. 478, §1 (NEW).]

3. Appeals. A decision made by a municipal body under this section may be appealed by any aggrieved party as allowed by law for appeals of decisions made by a municipal board of appeals. [PL 1989, c. 478, §1 (NEW).]

4. Assistance from department. The department shall provide technical assistance and issue written advisory opinions in connection with the determinations a municipal body must make under this section. [PL 1989, c. 478, §1 (NEW).]

5. Order to withdraw. If the department or a municipality finds that farmland registered under this chapter is not eligible for registration, the department or municipality shall order the landowner to file for withdrawal under section 53‑E . [PL 2011, c. 608, §13 (NEW).]
7 M.R.S. § 3914 — ME Code / Title 7 / Part 9 / Chapter 719 / Section 3914
7 §3914. Purchase and sale of animals
Status: in_force

Animal shelters, kennels, breeding kennels, boarding kennels and pet shops engaged in buying or selling animals shall keep records of the buyer and seller in each transaction for a 2-year period commencing at the time of purchase or sale. The records must be open to inspection by the department or law enforcement officers. A person not in possession of a valid license for an animal shelter, kennel, breeding kennel, boarding kennel or grandfathered pet shop shall obtain a vendor's license under section 4163 prior to selling, offering for sale or exchanging for value a cat or dog. For purposes of this section, "grandfathered pet shop" has the same meaning as in section 3933 . [PL 2019, c. 544, §1 (AMD).]

A wolf hybrid may not be sold or exchanged for value. Ownership of a wolf hybrid may be transferred only in accordance with section 3911‑B or section 3921‑B, subsection 3 . [PL 2011, c. 100, §7 (NEW).]
7 M.R.S. § 2998-B — ME Code / Title 7 / Part 7 / Chapter 604-A / Section 2998-B
7 §2998-B. Maine Dairy and Nutrition Council
Status: in_force

1. Council established as a public instrumentality. The Maine Dairy and Nutrition Council is established as a public body corporate and politic and a public instrumentality of the State. The exercise of powers conferred by this chapter is held to be the performance of essential government functions. A. Employees of the council may not be construed to be state employees for any purpose, including the state civil service provisions of Title 5, Part 2 and Title 5, chapter 372 . [PL 1995, c. 693, §15 (NEW); PL 1995, c. 693, §25 (AFF).] B. The council may not be construed to be a state agency for any purposes, including the budget, accounts and control, auditing, purchasing or other provisions of Title 5, Part 4 . [PL 1995, c. 693, §15 (NEW); PL 1995, c. 693, §25 (AFF).] C. Notwithstanding , paragraphs A and B : (1) Employees of the council, including employees hired after July 1, 1996, are state employees for the purposes of the state retirement provisions of Title 5, Part 20 and the state employee health insurance program under Title 5, chapter 13, subchapter 2 ; (2) All meetings and records of the council are subject to the provisions of Title 1, chapter 13, subchapter 1 , except that, by majority vote of those members present recorded in a public session, records and meetings of the council may be closed to the public when public disclosure of the subject matter of the records or meetings would adversely affect the competitive position of the milk industry of the State. The Commissioner of Agriculture, Conservation and Forestry and those members of the Legislature appointed to serve on the joint standing committee of the Legislature having jurisdiction over agricultural, conservation and forestry matters have access to all material designated confidential by the council; (3) For the purposes of the Maine Tort Claims Act, the council is a governmental entity and its employees are employees as those terms are defined in Title 14, section 8102 ; (4) Funds received by the council pursuant to chapters 603 and 611 must be allocated to the board by the Legislature in accordance with Title 5, section 1673 ; and (5) Except for representation of specific interests required by subsection 2 , members of the council are governed by the conflict of interest provisions set forth in Title 5, section 18 . [PL 2019, c. 667, Pt. B, §7 (AMD).] [PL 2019, c. 667, Pt. B, §7 (AMD).]

2. Council membership. The council consists of the following 5 members: A. Four members appointed by organizations of Maine milk producers. Not more than 2 members appointed under this paragraph may be from the same marketing organization. At least one member must be appointed by an independent organization of Maine milk producers; and [PL 2005, c. 382, Pt. E, §4 (AMD).] B. [PL 2005, c. 382, Pt. E, §5 (RP).] C. One member representing Maine milk dealers, appointed by the commissioner. [PL 1995, c. 693, §15 (NEW); PL 1995, c. 693, §25 (AFF).] [PL 2005, c. 382, Pt. E, §§4, 5 (AMD).]

3. Council chair. The council shall annually elect a chair. [PL 1995, c. 693, §15 (NEW); PL 1995, c. 693, §25 (AFF).]

4. Producer members. [PL 2005, c. 382, Pt. E, §6 (RP).]

5. Cross membership; prohibition. A council member may not be a member of the Maine Dairy Promotion Board, established under section 2992‑A . [PL 1995, c. 693, §15 (NEW); PL 1995, c. 693, §25 (AFF).]

6. Quorum; voting. Fifty-one percent of the members of the council constitutes a quorum and the affirmative vote of at least 51% of members present at a meeting is necessary to transact all business and carry out the duties of the council. [PL 1995, c. 693, §15 (NEW); PL 1995, c. 693, §25 (AFF).]

7. Terms. Producer members are appointed to 4-year terms and may not serve more than 2 consecutive terms. The dealer council member is appointed to a 4-year term and may not serve consecutive terms. A vacancy caused by death, resignation or otherwise, must be promptly filled by the appointing authority for the vacated position. A producer member who changes the market in which the member sells milk is considered to have vacated membership if the change continues in excess of 6 months. [PL 1995, c. 693, §15 (NEW); PL 1995, c. 693, §25 (AFF).]

8. Compensation. The members of the council are entitled to compensation from funds received pursuant to chapters 603 and 611 according to such guidelines as the council may establish. [PL 1995, c. 693, §15 (NEW); PL 1995, c. 693, §25 (AFF).]

9. Executive director; staff. The council shall appoint an executive director who is the council's chief administrative officer and serves at the pleasure of the council. The executive director shall employ, as the council directs, additional staff who serve at the pleasure of the executive director. The salary paid to the executive director and other staff of the council must be fixed by the council. The council may delegate to its staff the power to execute the council's policies and programs, subject to the council's oversight. [PL 1995, c. 693, §15 (NEW); PL 1995, c. 693, §25 (AFF).]

10. Sharing of staff. The council and the Maine Dairy Promotion Board, established in section 2992‑A , may share an executive director and staff. The total salary of a shared employee may be agreed to by the council and board and the percentage of the salary paid by the council must be proportional to the work performed for the council by the shared employee. The council must utilize accounting procedures adequate to track the proportion of work a shared employee performs for the council. [PL 1995, c. 693, §15 (NEW); PL 1995, c. 693, §25 (AFF).]

11. Debt. A debt or obligation incurred by the council is not a debt or obligation of the State. [PL 1995, c. 693, §15 (NEW); PL 1995, c. 693, §25 (AFF).]
7 M.R.S. § 281 — ME Code / Title 7 / Part 1 / Chapter 8-F / Section 281
7 §281. Short title
Status: in_force

This chapter may be known and cited as "the Maine Food Sovereignty Act." [PL 2017, c. 314, §1 (NEW).]
7 M.R.S. § 617 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 617
7 §617. Exemptions
Status: in_force

1. Exemptions from penalties. The penalties provided for violations of section 606, subsection 1 , paragraphs A , B , C , D and E do not apply to: A. Any carrier while lawfully engaged in transporting a pesticide within this State if the carrier, upon request, permits the board to copy all records showing the transactions in and movement of the pesticides or devices; [PL 2005, c. 620, §17 (AMD).] B. Public officials of this State and the Federal Government while engaged in the performance of their official duties in administering state or federal pesticide laws or regulations; [PL 1975, c. 382, §3 (NEW).] C. The manufacturer, shipper or other distributor of a pesticide for experimental use only, provided that person holds or is covered by a valid experimental use permit issued by EPA, and provided further that the permit covers the conduct in question; or [PL 2005, c. 620, §17 (AMD).] D. Any person who ships a substance or mixture of substances being put through tests the purpose of which is only to determine the value of the substance or mixture for pesticide purposes or to determine its toxicity or other properties and from the use of which the user does not expect to receive any benefit in pest control. [PL 2005, c. 620, §17 (AMD).] [PL 2005, c. 620, §17 (AMD).]

2. Exemption from this subchapter; pesticides for export. A pesticide or device may not be found to be in violation of this subchapter if the pesticide or device is intended solely for export to a foreign country and is prepared or packed according to the specifications or directions of the purchaser. If the pesticide or device is not so exported, all the provisions of this subchapter apply. [PL 2005, c. 620, §17 (AMD).]
7 M.R.S. § 99 — ME Code / Title 7 / Part 1 / Chapter 4 / Section 99
7 §99. Pull superintendent
Status: in_force

1. Appointment. Each person or entity conducting a pulling event shall appoint a pull superintendent who is certified by the commissioner as qualified in accordance with rules adopted under section 98 . The name of the pull superintendent must be submitted in conjunction with the application for a permit to conduct each event. Only a person listed on the application as a pull superintendent or assistant pull superintendent may officiate. [PL 2005, c. 563, §3 (NEW).]

2. Restrictions on officiating. A pull superintendent may not officiate as pull superintendent for a class in a pulling event in which that pull superintendent is participating as a competitor. An assistant pull superintendent may not officiate as pull superintendent for a class in a pulling event in which that assistant pull superintendent is participating as a competitor. [PL 2005, c. 563, §3 (NEW).]

3. Enforcement responsibilities. A pull superintendent shall enforce the laws and rules governing pulling events and shall report participants who are disqualified, violations of the law and other matters, as appropriate, to the Pull Events Commission. [PL 2005, c. 563, §3 (NEW).]
7 M.R.S. § 3983 — ME Code / Title 7 / Part 9 / Chapter 733 / Section 3983
7 §3983. Possession of animals unlawfully detained
Status: in_force

The commissioner, a humane agent, sheriff, deputy sheriff, constable, police officer or person authorized to make arrests may take possession of any animals detained in violation of this chapter and may unload the animals and place them in properly equipped pens or other suitable enclosures for rest, water and feeding. The commissioner or any person taking possession pursuant to this section has a lien on the animals detained for expenses incurred for the care given. [PL 1987, c. 383, §3 (NEW); PL 1993, c. 468, §25 (AMD).]
7 M.R.S. § 1095 — ME Code / Title 7 / Part 2 / Chapter 105 / Section 1095
7 §1095. -- deduction
Status: in_force

Any dealer or processor may deduct a sum not to exceed 2% of the total dues to be paid to an association for administrative expenses incurred by the payment of such dues under the assignment. [PL 1971, c. 438 (NEW).]
7 M.R.S. § 3901 — ME Code / Title 7 / Part 9 / Chapter 717 / Section 3901
7 §3901. Animal Welfare Act
Status: in_force

This chapter is known and may be cited as the "Animal Welfare Act." [PL 1995, c. 502, Pt. C, §5 (AMD).]
7 M.R.S. § 4103-A — ME Code / Title 7 / Part 9 / Chapter 743 / Section 4103-A
7 §4103-A. Liability for equine activities
Status: in_force

1. Liability. Except as provided in subsection 2 , an equine activity sponsor, an equine professional or any other person engaged in an equine activity is not liable for any property damage or damages arising from the personal injury or death of a participant or spectator resulting from the inherent risks of equine activities. Except as provided in subsection 2 , a person may not make any claim or recover from any person for any property damage or damages for personal injury or death resulting from the inherent risks of equine activities. Each participant and spectator in an equine activity expressly assumes the risk and legal responsibility for any property damage or damages arising from personal injury or death that results from the inherent risk of equine activities. Each participant has the sole responsibility for knowing the range of that person's ability to manage, care for and control a particular equine or perform a particular equine activity. It is the duty of each participant to act within the limits of the participant's own ability, to maintain reasonable control of the particular equine at all times while participating in an equine activity, to heed all warnings and to refrain from acting in a manner that may cause or contribute to the injury of any person or damage to property. [PL 1999, c. 498, §5 (NEW).]

2. Exceptions; participants. Nothing in subsection 1 prevents or limits the liability of an equine activity sponsor, an equine professional or any other person engaged in an equine activity, if the equine activity sponsor, equine professional or person: A. Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it did cause the injury; [PL 1999, c. 498, §5 (NEW).] B. Owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known or should have been known to the equine activity sponsor, equine professional or person; [PL 1999, c. 498, §5 (NEW).] C. Commits an act or omission that constitutes reckless disregard for the safety of others and that act or omission caused the injury. For the purposes of this section, "reckless" has the same meaning as "recklessly," defined in Title 17‑A, section 35, subsection 3, paragraph A ; or [PL 1999, c. 498, §5 (NEW).] D. Intentionally injures the participant. [PL 1999, c. 498, §5 (NEW).] [PL 1999, c. 498, §5 (NEW).]

3. Assumption of risk. In a personal injury action against an equine professional, a defense or immunity described in subsection 1 may be asserted only if the person injured in the course of an equine activity: A. Had actual knowledge of the inherent risks of equine activities; [PL 1999, c. 498, §5 (NEW).] B. Had professed to have sufficient knowledge or experience to be on notice of the inherent risks; or [PL 1999, c. 498, §5 (NEW).] C. Had been notified of the inherent risks and the limitations of liability. [PL 1999, c. 498, §5 (NEW).] For the purposes of this subsection, notice of the inherent risks of equine activity may be satisfied either by a statement signed by the person injured or by a sign or signs prominently displayed at the place where the equine activity was initiated. The statement or sign must contain at least the following information. "WARNING Under Maine law, an equine professional has limited liability for an injury or death resulting from the inherent risks of equine activities." The message on a sign must be in black letters at least one inch in height and the sign or signs must be placed in a clearly visible location on or near stables, corrals or arenas where the equine professional conducts equine activities. [PL 1999, c. 498, §5 (NEW).]

4. Exceptions; persons who are not participants. Nothing in subsection 1 prevents or limits the liability of an equine activity sponsor, an equine professional or any other person engaged in an equine activity, if that equine activity: A. Causes injury or death to a person who is not a participant and who is in a place where a reasonable person would not expect an equine activity to occur; or [PL 1999, c. 498, §5 (NEW).] B. Causes injury or death to a spectator and that spectator was in a place designated or intended by an activity sponsor as a place for spectators. [PL 1999, c. 498, §5 (NEW).] [PL 1999, c. 498, §5 (NEW).]
7 M.R.S. § 2994-A — ME Code / Title 7 / Part 7 / Chapter 604 / Section 2994-A
7 §2994-A. Cooperation with similar boards
Status: in_force

The board may cooperate with similar organizations in other states and regions and may pay to the similar organizations that part of its funds as it determines is in the best interest of the dairy industry of the State. [PL 1995, c. 693, §11 (NEW); PL 1995, c. 693, §25 (AFF).]
7 M.R.S. § 2951 — ME Code / Title 7 / Part 7 / Chapter 603 / Section 2951
7 §2951. Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires, the following words shall have the following meaning:

1. Books and records. "Books and records" means books, records, accounts, memoranda or other data pertaining to the purchase and distribution of milk.

2. Commission. "Commission" means the Maine Milk Commission.

3. Consumer. "Consumer" means any person other than a milk dealer who purchases milk for fluid consumption.

4. Dealer. "Dealer" means any person who purchases or receives milk for sale as the consignee or agent of a producer, or handles for sale, shipment, storage or processing within the State and shall include a producer-dealer and a sub-dealer, but shall not include a store other than an integrated operation. [PL 1985, c. 717, §1 (AMD).]

4-A. Integrated operation. "Integrated operation" means a person who is a dealer and who also sells at retail the milk that the person handles for sale, shipment, storage or processing within the State. [RR 2021, c. 1, Pt. B, §138 (COR).]

5. Market. "Market" means any city, town or parts thereof of the State, or 2 or more of the same or parts thereof designated by the commission as a natural marketing area.

6. Milk. "Milk" means any of the following, regardless of the presence of any flavoring: A. Whole milk or cream, whether fresh, sour or storage; [PL 2005, c. 382, Pt. F, §2 (NEW).] B. Skimmed milk; or [PL 2005, c. 382, Pt. F, §2 (NEW).] C. Buttermilk. [PL 2005, c. 382, Pt. F, §2 (NEW).] [PL 2005, c. 382, Pt. F, §2 (AMD).]

7. Person. "Person" means any individual, partnership, firm, corporation, association or other unit, and the State and all political subdivisions or agencies thereof, except state owned and operated institutions.

8. Producer. "Producer" means any person who produces milk and sells such milk only to dealers. [RR 2021, c. 1, Pt. B, §139 (COR).]

9. Producer-dealer. "Producer-dealer" means a dealer who produces a part or all of the dealer's milk or a person who produces milk and sells to a grocery store or dairy products store or similar commercial establishment. [RR 2021, c. 1, Pt. B, §140 (COR).]

10. Retail sale. "Retail sale" means a doorstep delivery and over-the-counter sales by stores.

11. Store. "Store" means a grocery store, dairy product store, canteen, milk vending machine operator, milk dispensing operator or any similar commercial establishment or outlet or any other sale where milk is sold to consumers for consumption off the premises where sold.

12. Sub-dealer. "Sub-dealer" means any person who does not process milk and who purchases milk from a dealer and sells such milk in the same containers in which the person purchased it, but does not include a store. [RR 2021, c. 1, Pt. B, §141 (COR).]

13. Wholesale sale. "Wholesale sale" means sale to any other person not included in retail.

14. Retail store. "Retail store" means a grocery store, dairy product store or any similar commercial establishment where milk is sold to consumers for consumption off the premises. [PL 1973, c. 758, §1 (NEW).]
7 M.R.S. § 4152 — ME Code / Title 7 / Part 9 / Chapter 745 / Section 4152
7 §4152. Disclosure
Status: in_force

1. Required disclosure. A seller shall deliver to a purchaser of an animal a written disclosure containing the following: A. An animal history that includes: (1) For sellers licensed with the United States Department of Agriculture, the name, address and United States Department of Agriculture license number of the breeder and any broker who has had possession of the animal. For sellers licensed with the State, the name, address of the seller and the license number issued under section 3931‑A , 3933 or 4163 ; (2) The date of the animal's birth; (3) The date the seller received the animal if the animal was not born on the seller's premises; (4) The breed, sex, color and identifying marks of the animal. If the breed is unknown or mixed, that fact must be stated; (5) The individual identifying tag, tattoo, microchip identification number or collar number; (6) For pure bred animals that are advertised as eligible for registration, the name and registration number of the sire and dam and, if available, the litter number; and (7) A record of inoculations, internal or external parasite treatments, medication or any veterinarian examination or treatment received by the animal while in the possession of the seller; [PL 2009, c. 403, §9 (AMD).] B. A statement signed by the seller that the animal at time of delivery has no known health problem or a statement disclosing any known health problem. The statement must include the date at which the seller is aware that the animal was last seen by a veterinarian; [PL 2007, c. 702, §23 (AMD).] C. A seller who represents an animal as eligible for registration with an animal pedigree organization shall provide the retail purchaser with a notice stating that pedigree registration does not assure health or quality of an animal; and [PL 2007, c. 702, §23 (AMD).] D. The seller shall indicate whether or not, to the seller's knowledge, the animal or its sire or dam is registered with, and whether the animal is certified by any organization that maintains a registry pertaining to congenital or hereditary problems and explain the meaning of these terms. [PL 2007, c. 702, §23 (AMD).] [PL 2009, c. 403, §9 (AMD).]

2. Optional disclosure. The seller may provide the purchaser with a list of congenital or hereditary problems that are known to affect the breed being purchased and a list of any health problems for which the seller does not warranty the animal. [PL 2007, c. 702, §23 (AMD).]

3. Disclosure procedures. The following disclosure procedures must be followed. A. The disclosure required by subsection 1 must be made part of the statement of consumer rights set forth in section 4160 . [PL 1995, c. 589, §1 (NEW).] B. The written disclosure made pursuant to this section must be signed by both the seller certifying the accuracy of the statement and by the purchaser of the animal acknowledging receipt of the statement. [PL 2007, c. 702, §23 (AMD).] C. The seller shall make a prospective purchaser aware that the purchaser may see this information prior to purchase. [PL 2007, c. 702, §23 (AMD).] [PL 2007, c. 702, §23 (AMD).]
7 M.R.S. § 3938 — ME Code / Title 7 / Part 9 / Chapter 723 / Section 3938
7 §3938. Violation
Status: in_force

A person maintaining a facility required to be licensed under this chapter without having obtained a license, or after a license has been revoked or suspended, commits a civil violation for which a forfeiture of not less than $50 nor more than $200 a day may be adjudged. [PL 2025, c. 414, §16 (AMD).]
7 M.R.S. § 504 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 504
7 §504. Duties
Status: in_force

The department is authorized: [PL 1965, c. 65 (NEW).]

1. Investigate and examine. To investigate and examine hazardous substances subject to this subchapter. [PL 1965, c. 65 (NEW).]

2. Collection. To effect the collection and examination of samples of hazardous substances to determine the compliance with the requirements of this subchapter and the officers and employees of the department have authority at all reasonable hours to enter into any motor vehicle, warehouse, store, building, boat, vessel, aircraft or place supposed to contain hazardous substances, for the purpose of inspection or sampling, and to procure samples for analysis or examination from any lot, package or parcel or hazardous substance. [PL 1965, c. 65 (NEW).]

3. Rules and regulations. To make and enforce such reasonable rules and regulations necessary to carry out this subchapter. The rules and regulations so promulgated shall be adopted in a manner consistent with the Maine Administrative Procedure Act and shall conform so far as practicable to rules and regulations promulgated under authority of the Federal Act. [PL 1977, c. 694, §49 (AMD).]
7-A M.R.S. § 101 — ME Code / Title 7-A / Subtitle 1 / Chapter 1 / Section 101
7-A §101. Definitions
Status: in_force

As used in this Title, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 657, Pt. V, §1 (NEW); PL 2013, c. 405, Pt. A, §17 (AFF).]

1. Commissioner. "Commissioner" means the Commissioner of Agriculture, Conservation and Forestry. [PL 2011, c. 657, Pt. V, §1 (NEW); PL 2013, c. 405, Pt. A, §17 (AFF).]

2. Department. "Department" means the Department of Agriculture, Conservation and Forestry. [PL 2011, c. 657, Pt. V, §1 (NEW); PL 2013, c. 405, Pt. A, §17 (AFF).]

2-A. Foodways. [PL 2017, c. 314, §2 (RP).]

2-B. Local food system. [PL 2017, c. 314, §3 (RP); PL 2017, c. 314, §7 (AFF).]

3. Seal. The department has an official seal, which must be judicially noticed. [PL 2011, c. 657, Pt. V, §1 (NEW); PL 2013, c. 405, Pt. A, §17 (AFF).]
7 M.R.S. § 643 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 643
7 §643. Violations
Status: in_force

A person, firm or corporation that violates any provision of sections 640 to 642 commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged. [PL 2001, c. 421, Pt. B, §6 (AMD); PL 2001, c. 421, Pt. C, §1 (AFF).]
7 M.R.S. § 2954-B — ME Code / Title 7 / Part 7 / Chapter 603 / Section 2954-B
7 §2954-B. Study of milk price regulatory options
Status: in_force

1. Study commission. The Legislature directs that a study be undertaken as outlined in this section for the purpose of analyzing the situation of the Maine dairy industry under current milk pricing legislation and of analyzing the options for ensuring the long-term stability of the industry. The Commissioner of Agriculture, Food and Rural Resources shall provide for a study of the intent, regulatory approach and economic consequences of various milk pricing programs in Maine, including the Maine Milk Commission, Maine Milk Pool and the destructive competition laws, and of other potential mechanisms for pricing regulation, including, without limitation, minimum pricing at the producer level only, minimum wholesale pricing that reflects various costs of distribution, prohibiting below-cost pricing, establishing presumptive pricing and elimination of state pricing regulations. [PL 1985, c. 42, §2 (NEW).]

2. Basis for evaluation. The study shall, at a minimum, evaluate existing and alternative pricing mechanisms in terms of their ability to: A. Stabilize dairy farmer incomes and assure that Maine farmers benefit to the greatest extent possible from the higher proportion of fluid milk processed and sold in Maine; [PL 1985, c. 42, §2 (NEW).] B. Maintain dairies in Maine which process fluid milk for Maine consumption; and [PL 1985, c. 42, §2 (NEW).] C. Encourage efficient farm and processor operations which provide consumers high quality, low-cost milk and milk products. [PL 1985, c. 42, §2 (NEW).] [PL 1985, c. 42, §2 (NEW).]

3. Report content. The study's findings and conclusions shall be expressed in a final report which shall discuss the merits of each of the existing and alternative pricing mechanisms reviewed in terms of each of the objectives established in subsection 2 , and shall outline the long-term changes in the dairy industry which might reasonably be expected to occur as a result of continuance or establishment of each of these alternatives. [PL 1985, c. 42, §2 (NEW).]

4. Study panel. The study shall be carried out by a panel of recognized experts in the economics of regulation and pricing. This panel shall be named by the Commissioner of Agriculture, Food and Rural Resources after consultation with the joint standing committee of the Legislature having jurisdiction over agriculture and shall be convened no later than May 1, 1985. [PL 1985, c. 42, §2 (NEW).]

5. Select Committee on Milk Pricing. There is a Select Committee on Milk Pricing consisting of 10 members to advise the study panel on the design of the study and on the options and policies to be evaluated. The committee is composed of 3 members of the House of Representatives, appointed by the Speaker of the House of Representatives, one of whom must represent each political party; 2 members of the Senate, appointed by the President of the Senate, one of whom must be chosen to represent each political party; and 3 members named by the Governor, one of whom must be knowledgeable of the dairy processing industry, one of whom must be knowledgeable of milk retailing and one milk producer who is knowledgeable of marketing systems. The Public Advocate or the Public Advocate's designee shall also serve on the committee, representing consumer interests. The Commissioner of Agriculture, Food and Rural Resources shall serve ex officio as chair of the committee. [RR 2021, c. 1, Pt. B, §142 (COR).]

6. Panel to meet with select committee. The panel shall meet with the Select Committee on Milk Pricing no later than July 1, 1985, to present to the committee its preliminary study design, including the alternative pricing mechanisms to be evaluated and at other times at the request of the Select Committee on Milk Pricing. The panel shall issue its final report to the Select Committee on Milk Pricing no later than November 1, 1985. [PL 1985, c. 42, §2 (NEW).]

7. Preparation of legislation. After consultation with the Select Committee on Milk Pricing, the commissioner shall prepare legislation based on the report of the panel. The proposed legislation shall be provided to the members of the joint standing committee of the Legislature having jurisdiction over agriculture by December 15, 1985, for their review prior to its submission to the Legislature. [PL 1985, c. 42, §2 (NEW).]
7 M.R.S. § 296 — ME Code / Title 7 / Part 1 / Chapter 8-G / Section 296
7 §296. Construction
Status: in_force

This chapter may not be construed to prohibit the adoption of an ordinance or regulation pursuant to the home rule authority granted to municipalities by the Constitution of Maine, Article VIII, Part Second; the powers granted to villages, plantations, counties or other political subdivisions of the State by Title 30‑A ; the powers granted to the Maine Land Use Planning Commission by Title 12 ; and the powers granted to the Department of Environmental Protection by Title 38 of a general nature that does not solely or specifically apply to vegetable gardens, permaculture, edible landscaping, food forests or community gardens, including, but not limited to, ordinances or regulations relating to setbacks, water quality, plant and animal habitats, water use, fertilizer use, pesticide use or control of invasive species, as long as the ordinance or regulation does not have the effect of precluding vegetable gardens, permaculture, edible landscaping, food forests or community gardens in any political subdivision of the State. [PL 2025, c. 309, §14 (NEW).]
7 M.R.S. § 3937 — ME Code / Title 7 / Part 9 / Chapter 723 / Section 3937
7 §3937. Investigation
Status: in_force

Upon written complaint made to the commissioner by any person alleging violation of this chapter, or any of the rules of the chapter by any licensee, the commissioner shall cause an investigation to be made upon matters related in the complaint. [PL 1987, c. 383, §3 (NEW); PL 1993, c. 468, §25 (AMD).]
7 M.R.S. § 2956 — ME Code / Title 7 / Part 7 / Chapter 603 / Section 2956
7 §2956. Records and fees
Status: in_force

All dealers in any market designated by the commission shall keep the following records: [PL 1975, c. 517, §5 (RPR).]

1. Names and addresses of producers or milk dealers. A record of the quantity of all milk received or produced, detailed as to location and as to names and addresses of producers or milk dealers from whom received, or of importer of such milk into the State; [PL 1975, c. 517, §5 (RPR).]

2. Use, location and market outlet. A record of the quantity of all milk sold, detailed as to use, location and market outlet; and [PL 2005, c. 382, Pt. F, §17 (AMD).]

3. Other records and information. Such other records and information in such form and at such times as the commission may deem necessary for the proper enforcement of this chapter. [PL 1975, c. 517, §5 (RPR).]

Each dealer shall furnish to that dealer's producers a statement of the amount of milk purchased, the price per hundredweight or pound, the total amount paid for each pay period, the itemized deductions for transportation and other services, the percentages of milk in each classification and the butterfat test, protein test and other solids test when weight and test method of payment is used, and shall pay Maine producers in accordance with section 2954-A . [PL 2005, c. 382, Pt. F, §18 (AMD).]

Each licensed dealer shall pay to the commission an annual license fee of $1 and the sum of 5¢ per hundredweight as monthly payments, based on quantity of milk purchased or produced in any market area, or purchased or produced in an uncontrolled area and sold in any market area. Two and one-half cents per hundredweight may be deducted by dealers from amounts paid by them to producers of such milk, except that the milk farm-processed into cream for the manufacture of butter is not subject to such sums of 5¢ per hundredweight. [PL 1999, c. 161, §1 (AMD).]

Dealers shall file reports together with the prescribed hundredweight fees with the commission at its office in Augusta not later than the 20th of the following month, on forms provided for this purpose, of all matters on account of which a record is required to be kept and such other information or facts as may be pertinent and material within the scope of this chapter; except that dealers who sell less than 100 quarts of milk per day may file reports and pay the prescribed hundredweight fees every 3 months. [PL 1975, c. 517, §5 (RPR).]

In case the same milk is handled by more than one dealer, the first dealer within the State dealing in or handling said milk shall be deemed to be the milk dealer within the meaning of this section. For the purpose of computing fees as provided, 1/2 pint of cream shall be considered the equivalent of one quart of milk. [PL 1975, c. 517, §5 (RPR).]
7 M.R.S. § 2103-B — ME Code / Title 7 / Part 5 / Chapter 401 / Section 2103-B
7 §2103-B. Foundation seed potato production areas
Status: in_force

The commissioner may, upon the request of potato growers in a specified area and in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375 , designate "foundation seed potato production areas" and, in consultation with the Seed Potato Board, Cooperative Extensive Service, University of Maine System Agricultural Experiment Station and appropriate industry organizations, establish within these areas such certified seed production practices as the commissioner considers beneficial to the industry. [RR 2021, c. 1, Pt. B, §132 (COR).]
7 M.R.S. § 618 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 618
7 §618. Publication of information
Status: in_force

The board may publish, at least annually and in such form as it determines proper, results of analyses based on official samples as compared with the guaranteed analyses and information concerning the distribution of pesticides. The board may not publish individual distribution information, and that information is not a public record under Title 1, section 402 . [PL 2005, c. 620, §18 (AMD).]
7 M.R.S. § 543-A — ME Code / Title 7 / Part 2 / Chapter 103 / Section 543-A
7 §543-A. Cider
Status: in_force

1. Restriction on product labeled as cider. A person may not sell, advertise, offer or expose for sale any product labeled as "cider" if that product does not require refrigeration from pressing through purchase or has been heated. [PL 2021, c. 111, §1 (AMD).]

2. Accepted processing methods. All cider sold, advertised, offered or exposed for sale must be treated by ultraviolet light or pressed under a state-approved hazard and critical control plan unless the cider bears a warning label in accordance with subsection 3 . A state-approved hazard and critical control plan must prohibit the pressing of apples that have dropped from the trees for use in cider. [PL 2021, c. 111, §2 (AMD).]

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

4. Exemption. Hard cider and nonalcoholic carbonated cider labeled as "sparkling cider" are exempt from this section. For purposes of this subsection, "hard cider" means liquor produced by fermentation of the juice of apples or pears, including, but not limited to, flavored, sparkling or carbonated cider, that contains not less than 1/2 of 1% alcohol by volume and "liquor" has the same meaning as in Title 28‑A, section 2, subsection 16 . [PL 2023, c. 175, §1 (AMD).]
7 M.R.S. § 2962 — ME Code / Title 7 / Part 7 / Chapter 603 / Section 2962
7 §2962. Administrative enforcement
Status: in_force

When the commission, after such investigation as it considers appropriate, believes that a violation of this chapter or of any rule, order or decision of the commission has occurred, it may order any person to cease that violation. Before issuing such an order, the commission shall afford any person who would be aggrieved by the order an opportunity for a hearing. In any such investigation or hearing, the commission may exercise all of the powers given to it by section 2952-A . Any person aggrieved by a final order issued under this section may obtain judicial review of the order in Superior Court by filing a petition in accordance with Title 5, section 11001 and the Maine Rules of Civil Procedure, Rule 80C. In responding to such a petition, the commission may seek enforcement of its order, including civil penalties for any violation found, and the court, if it upholds the order, may order its enforcement, including civil penalties. [PL 2005, c. 382, Pt. F, §21 (AMD).]

Nothing in this section is intended to require that the commission take administrative enforcement action prior to seeking judicial relief for any violation of this chapter or of any rule, order or decision of the commission, nor intended to limit the commission's ability to bring an independent action to enforce any decision or order issued by it, including civil penalties for any violation found by it. [PL 1985, c. 717, §6 (NEW).]
7 M.R.S. § 3922 — ME Code / Title 7 / Part 9 / Chapter 721 / Section 3922
7 §3922. Issuance of license
Status: in_force

1. License; January 1st. Each owner or keeper of a dog at the age of 6 months or more, on or before January lst of each year, shall obtain a license: A. From the clerk of the municipality where the dog is kept; [PL 2001, c. 422, §6 (AMD).] B. From the dog recorder in the unorganized territory where the dog is kept or, in the absence of a duly authorized dog recorder, from a dog recorder in the nearest municipality or unorganized territory in the same county where the dog is kept; [PL 2003, c. 405, §10 (AMD).] C. From a person authorized to issue licenses under section 3923‑F ; or [PL 2013, c. 115, §9 (AMD).] D. From the department using the Internet in accordance with section 3923‑G . [PL 2003, c. 405, §12 (NEW).] [PL 2013, c. 115, §9 (AMD).]

2. License; after January 1st. The owner or keeper, within 10 days of the conditions of paragraph A or B being met, shall obtain a license, if between January lst and October 15th of any year: A. A dog reaches the age of 6 months or more; or [PL 1997, c. 690, §14 (AMD).] B. A person becomes the owner or keeper of a dog aged 6 months or more. [PL 1997, c. 690, §14 (AMD).] [PL 1997, c. 690, §14 (AMD).]

3. Proof of immunization. A municipal clerk may not issue a license for a dog until the applicant has filed with the clerk proof that the dog has been immunized against rabies as provided in section 3916, subsection 1‑A and in accordance with rules adopted by the Commissioner of Health and Human Services, except that the requirement of immunization may be waived by the clerk under conditions set forth by the Commissioner of Health and Human Services. The commissioner shall adopt rules that allow the clerk and the commissioner to accept valid proof of immunization against rabies provided by another state. [PL 2025, c. 141, §8 (AMD).]

3-A. Exception to immunization requirement for wolf hybrids. [PL 2007, c. 439, §13 (RP).]

3-B. Proof of permanent identification and other restrictions on licensing a wolf hybrid. A municipal clerk may not issue a license for a wolf hybrid until the applicant has filed with the clerk proof that: A. The wolf hybrid has been permanently identified in accordance with section 3921‑A ; [PL 2011, c. 100, §11 (NEW).] B. The wolf hybrid has been spayed or neutered; and [PL 2011, c. 100, §11 (NEW).] C. The wolf hybrid was licensed in this State in 2011 by: (1) June 1, 2011 if the wolf hybrid was 6 months old or older on June 1, 2011; or (2) December 31, 2011 if the wolf hybrid was less than 6 months old on June 1, 2011. [PL 2011, c. 100, §11 (NEW).] [PL 2011, c. 100, §11 (AMD).]

4. Service dogs. If a service dog has not been previously registered or licensed by the municipal clerk to whom the application is being made, the clerk may not register the dog nor issue to its owner or keeper a license unless the applicant presents written evidence to the municipal clerk that the dog meets the definition of "service dog." For the purpose of this subsection, "written evidence" means a service dog certification form approved by the department in consultation with the Maine Human Rights Commission. [PL 2019, c. 437, §1 (AMD).]

5. Form of license. The license must state the breed, sex, color and markings of the dog, whether the animal is a dog or wolf hybrid, whether the dog has been determined by a court of competent jurisdiction to be a dangerous dog or a nuisance dog and the name and address of the owner or keeper. If the person applying for a license declares that the dog is a wolf hybrid, the license must state that the dog is a wolf hybrid. The license must be issued in triplicate and the original must be given to the applicant and the remaining 2 copies must be retained by the municipal clerk or dog recorder. [PL 2017, c. 404, §5 (AMD).]

6. Designation of wolf hybrid. An owner or keeper of a dog declared as a wolf hybrid may not change the license designation. A dog that has been declared a wolf hybrid must be treated as a wolf hybrid in accordance with Title 22, chapter 251, subchapter 5 . The procedure prescribed under Title 22, chapter 251, subchapter 5 for a wolf hybrid suspected of having rabies does not change based on proof that the wolf hybrid has received a rabies vaccination. [PL 2007, c. 439, §14 (AMD).]
7 M.R.S. § 87 — ME Code / Title 7 / Part 1 / Chapter 4 / Section 87
7 §87. Licensees ineligible for stipend
Status: in_force

1. Distribution of profits as primary purpose. A licensee is not eligible for a stipend if the licensee is an entity with stockholders or members and the commissioner determines that the primary purpose of the licensed entity is the distribution of profits to its members or stockholders. [PL 2005, c. 563, §3 (NEW).]

2. Premiums on unregistered males prohibited. A stipend may not be paid to any licensee offering or paying premiums on unneutered male animals over 6 months of age that are not recorded in the books of record for their respective breeds as recognized by the commissioner. The commissioner may make verification of breed records a part of the sworn certificate required under section 88, subsection 1, paragraph A . [PL 2005, c. 563, §3 (NEW).]
7 M.R.S. § 1751 — ME Code / Title 7 / Part 4 / Chapter 303 / Section 1751
7 §1751. Definitions
Status: in_force

As used in this chapter and chapters 201 , 202 , 202‑A , 207 , 301 and 305 , unless the context otherwise indicates, the following words have the following meanings. [PL 2005, c. 146, §1 (AMD).]

1. Commissioner. "Commissioner" means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agent. [RR 2021, c. 1, Pt. B, §126 (COR).]

2. Domestic animals. "Domestic animals" means cattle, equines, goats, sheep, swine, cats, dogs, domesticated cervids or other domesticated animals; large game as defined in section 1341, subsection 5 ; and poultry. [PL 2003, c. 386, §13 (AMD).]

3. Authorized agent. "Authorized agent" means employees of the department, veterinarians licensed by the State to practice veterinary medicine while performing official duties for the department, employees of the Animal and Plant Health Inspection Service of the United States Department of Agriculture, or other persons designated by the commissioner. [PL 2001, c. 572, §24 (AMD).]

4. Person. "Person" shall mean the State, any municipality, political subdivision, institution, public or private corporation, individual, partnership or other entity.

5. Poultry. "Poultry" means all domesticated birds.
7 M.R.S. § 2901-B — ME Code / Title 7 / Part 7 / Chapter 601 / Section 2901-B
7 §2901-B. Trademark for milk and milk products
Status: in_force

The department shall adopt rules permitting the use of the certification trademark provided for in section 443-B on milk or milk products. The initial rules must include limitations relating to the use of milk from cows that have been treated with recombinant bovine somatotropin, referred to in this section as "rbST." The rules must include a requirement that the department receive written consent from producers to draw blood from their milking herd, examine historical milk production records, inspect medicine storage places and perform other inspections reasonably necessary to verify compliance with the trademark criteria. [PL 2005, c. 382, Pt. F, §1 (AMD).]

1. Notice by producer. If the criteria for use of the certification trademark include absence of the use of rbST, a milk producer in this State who sells milk to a milk plant that uses the trademark must notify that milk plant before using rbST within the milking herd of the producer's dairy farm. Notification to the milk plant must be made at least 45 days before using rbST. Notification must be made by certified mail and sent to the milk plant's employee responsible for milk procurement at the plant location where the milk is processed. For purposes of this section, "possession of rbST" means use. [PL 1999, c. 679, Pt. A, §4 (AMD).]

2. Failure to provide notice. If a Maine milk producer fails to give the milk plant the notice required in subsection 1 , the milk plant is not required to comply with the notice requirements of section 2903-A before refusing to continue to purchase milk under any contract with that milk producer. [PL 1999, c. 679, Pt. A, §4 (AMD).]
7 M.R.S. § 443-B — ME Code / Title 7 / Part 2 / Chapter 101 / Section 443-B
7 §443-B. Certification trademark for Maine products
Status: in_force

1. Registration of trademark. The Commissioner of Agriculture, Food and Rural Resources shall, before December 31, 1988, apply to the United States Patent and Trademark Office for registration for a certification trademark or trademarks consisting of a seal in the form of the outline of the State, the word "Maine" and any other appropriate identifying words. Any certification trademark obtained may only be used on farm products or other natural resource products and commodities, as provided in section 443 , produced within the State. Any certification trademark obtained may be registered with the State in accordance with Title 10, chapter 301-A . [PL 1989, c. 670, §2 (AMD).]

2. Origin of product. For purposes of this section, the commissioner shall define, by rule, for each commodity group, the meaning of the term "produced within the State" and the minimum percent of the content of any package that must have actually been produced within the State to meet the requirements for use of any mark under this section. The commissioner shall grant a waiver to the minimum content criteria when emergency market conditions arise which are abnormal to the historic flow of a specific commodity, with the degree of the waiver to be determined by the commissioner. The commissioner shall determine what constitutes an emergency condition. [PL 1987, c. 844, §1 (NEW).]

3. Quality grades and standards. Any product bearing a certification trademark obtained under this section shall meet the official grades and standards established in accordance with section 443 for that commodity. [PL 1989, c. 670, §2 (AMD).]

4. Promotion. The commissioner shall contract for services to promote the use of the proposed state trademark. [PL 1987, c. 844, §1 (NEW).]
7 M.R.S. § 160 — ME Code / Title 7 / Part 1 / Chapter 6 / Section 160
7 §160. Educational outreach
Status: in_force

The commissioner shall conduct an educational outreach program for the agricultural community to increase awareness of the provisions of this chapter and the best management practices of the department. The commissioner shall inform the public about the provisions of this chapter, the complaint resolution process adopted by the department and state policy with respect to preservation and protection of agricultural and natural resources. [PL 2007, c. 649, §3 (NEW).]
7 M.R.S. § 2754 — ME Code / Title 7 / Part 6-A / Chapter 523 / Section 2754
7 §2754. Registration fees
Status: in_force

A registration fee not to exceed $2 per colony for all bees to be shipped or moved into the State must be forwarded to the commissioner for deposit with the Treasurer of State. Fees must be established by rule in accordance with the Maine Administrative Procedure Act. The fees accrue as dedicated revenue to the division of animal and plant health to fund the cost of apiary inspection and licensing. [PL 2011, c. 420, Pt. A, §8 (AMD).]
7 M.R.S. § 3939-A — ME Code / Title 7 / Part 9 / Chapter 723 / Section 3939-A
7 §3939-A. Spay; neuter of dogs and cats
Status: in_force

1. Spay; neuter. Except as otherwise provided in subsections 2 and 3 , an animal shelter may not place with a new owner a dog or cat that has not been spayed or neutered unless an appointment has been made with a licensed veterinarian to spay or neuter the animal within 30 days of accepting ownership. A person who accepts ownership of a dog or cat that is unaltered shall, in addition to any other charges or other fees, make a deposit equal to 100% of the cost of the scheduled surgery with the animal shelter and shall sign a spay-neuter agreement. The animal shelter must refund the deposit upon receiving proof of sterilization. For purposes of this section, "place" means to sell, give away or otherwise transfer possession of a cat or dog. [PL 2015, c. 223, §9 (AMD).]

2. Detrimental to health. If a licensed veterinarian or licensed veterinary technician as defined in Title 32, section 4853 determines that a dog or cat is too sick or injured or that it would otherwise be detrimental to the health of the dog or cat to be spayed or neutered within 30 days of placement, the animal shelter shall collect a deposit of not less than $50 and not more than $150 at the time of sale or placement. The animal shelter shall determine the amount of the deposit based on the cost of spaying or neutering within the geographic area served by the animal shelter. A person accepting ownership of the dog or cat under this subsection shall sign an agreement to have the animal sterilized as soon as it is medically advisable. Upon receipt of proof of sterilization, the animal shelter shall immediately and fully refund the deposit. [PL 2015, c. 494, Pt. A, §4 (RPR).]

3. Extension. Notwithstanding subsection 1 , an animal shelter may extend the date by which spaying or neutering is to be completed at its discretion for good cause. An extension must be in writing. [PL 2015, c. 223, §9 (AMD).]

4. Reimbursement of deposit. If a dog or cat dies prior to spaying or neutering and within the agreement period, the owner is entitled to reimbursement of the deposit paid under subsection 1 . If a dog or cat dies prior to spaying or neutering and within 120 days of signing an agreement under subsection 2 , the owner is entitled to reimbursement of the deposit paid under subsection 2 . To receive reimbursement under this subsection, the owner must provide the animal shelter with a letter signed by a licensed veterinarian stating that the cat or dog has died and providing a description of the animal. [PL 2015, c. 223, §9 (AMD).]

5. Unclaimed deposits. Except as provided in subsections 2 , 3 and 4 , deposits received under subsection 1 or 2 that are unclaimed within 120 days of the date the spay-neuter agreement was signed must be: A. Used to subsidize spaying or neutering of dogs and cats offered for placement by the animal shelter receiving the deposits; or [PL 2015, c. 223, §9 (AMD).] B. Remitted to the department for deposit in the Companion Animal Sterilization Fund established under section 3910‑B . [PL 2007, c. 439, §23 (NEW).] When extensions are granted under subsection 3 and the deposits are unclaimed 120 days after the extended date for spaying or neutering, those deposits must be disposed of under paragraphs A and B . [PL 2015, c. 223, §9 (AMD).]
7 M.R.S. § 2327 — ME Code / Title 7 / Part 5 / Chapter 410 / Section 2327
7 §2327. Appropriations
Status: in_force

The department, agency or officer expending or becoming liable for an expenditure on behalf of a control or eradication program undertaken or intensified pursuant to the compact must have credited to the appropriate account in the State Treasury the amount or amounts of any payments made to this State to defray the cost of that program or any part thereof, or as reimbursement thereof. [PL 2005, c. 147, §1 (NEW).]
7 M.R.S. § 638 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 638
7 §638. Disposal of forfeitures
Status: in_force

All fines imposed for violation of this subchapter must be paid to the commissioner. The commissioner shall send all fines received for violations of this subchapter to the Treasurer of State for deposit in the General Fund. [PL 2005, c. 512, §35 (AMD).]
7 M.R.S. § 2318 — ME Code / Title 7 / Part 5 / Chapter 410 / Section 2318
7 §2318. Advisory and technical committees -- Article VII
Status: in_force

The governing board may establish advisory and technical committees composed of state, local and federal officials and private persons to advise it with respect to any one or more of its functions. Any such advisory or technical committee or any member or members thereof may meet with and participate in its deliberations upon request of the governing board or executive committee. An advisory or technical committee may furnish information and recommendations with respect to any application for assistance from the insurance fund being considered by the governing board or executive committee and the board or committee may receive and consider the same, provided that any participant in a meeting of the governing board or executive committee held pursuant to section 2317, subsection 4 is entitled to know the substance of any such information and recommendations, at the time of the meeting if furnished before or as part of the meeting or, if furnished after the meeting, no later than the time at which the governing board or executive committee makes its disposition of the application. [PL 2005, c. 147, §1 (NEW).]
7 M.R.S. § 2 — ME Code / Title 7 / Part 1 / Chapter 1 / Section 2
7 §2. -- duties
Status: in_force

The commissioner is the chief executive charged with the enforcement of all statutes delegating responsibility to the commissioner or the department and shall be vigilant in discovering violations thereof and making complaint to the proper authorities. The commissioner shall by personal observation, investigation and correspondence become acquainted with the methods and wants of practical husbandry, the means of fertilization and the adaptation of various products to the soils and climate of the State and with the progress of scientific and practical agriculture elsewhere, with a view to the more complete development of the natural resources of the State. The commissioner shall gather statistics of information concerning agriculture and publish the same annually. The commissioner shall assist the farmers of the State, in so far as is practicable, to secure farm help and to promote increased production of farm crops through the selection, the growing and the dissemination of superior strains of seeds. The commissioner shall make and preserve a full record of all rules and regulations promulgated under this Title, and all payments and expenses incurred hereunder, and all other transactions performed by the commissioner in the discharge of the commissioner's duties. The commissioner shall collect the legal and usual fees payable to the commissioner by virtue of the office and shall pay them over forthwith to the Treasurer of State. [RR 2021, c. 1, Pt. B, §49 (COR).]

The commissioner is the chief administrative officer of the department. The commissioner has the following duties in addition to those specified in this section: [RR 2021, c. 1, Pt. B, §50 (COR).]

1. Budget. Prepare a budget for the department. [PL 1971, c. 594, §2 (NEW).]

2. Personnel. Transfer personnel within the department to insure the efficient utilization of department personnel. [PL 1971, c. 594, §2 (NEW).]

3. Purchases. Coordinate the purchase and use of all department equipment. [PL 1971, c. 594, §2 (NEW).]

4. Review. Review the function and operation of the divisions to insure that overlapping functions and operations are eliminated. [PL 1971, c. 594, §2 (NEW).]

5. Report. Report and make recommendations to the Governor and Legislature with respect to methods of stimulating and encouraging the growth and modernization of agricultural enterprises in this State. The report must be submitted to the Governor and the joint standing committee of the Legislature having jurisdiction over agriculture matters no later than December 1st of each even numbered year. For purposes of obtaining information, the Department of Agriculture, Conservation and Forestry may hold public hearings throughout the State, after giving public notice of the public hearings. [PL 1991, c. 837, Pt. A, §13 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]

6. Strategic plan to end hunger. Act as the lead among departments and agencies of State Government to implement a strategic plan to end hunger in the State by 2030. The Office of Policy Innovation and the Future, established in Title 5, section 3102 , shall provide staffing services to the commissioner as necessary for purposes of this subsection. Strategies must include: A. Building infrastructure and capacity necessary within and outside State Government to coordinate implementation of the plan to end hunger in the State; [PL 2021, c. 677, §1 (NEW).] B. Ensuring consistent, easy and equitable access to healthy and culturally appropriate food; [PL 2021, c. 677, §1 (NEW).] C. Promoting, supporting and enabling economic security and opportunity for all households in the State; [PL 2021, c. 677, §1 (NEW).] D. Focusing on collective responsibility to amplify the voices of persons experiencing food insecurity; [PL 2025, c. 309, §2 (AMD).] E. Closing the equity gap in household food insecurity by addressing underlying structural inequities; and [PL 2025, c. 309, §3 (AMD).] F. Protecting the right to food as declared in the Constitution of Maine, Article I, Section 25. [PL 2025, c. 309, §4 (NEW).] The commissioner shall establish an advisory committee to guide the implementation of the strategic plan under this subsection to end hunger in the State. The advisory committee must be composed of members with expertise relevant to the strategic plan to end hunger in the State, including, but not limited to, expertise related to economic development, employment, housing, children’s issues, health care, education, transportation, emergency food and the social safety net as well as expertise that derives from lived experience of poverty and food insecurity. At least 1/3 of the members, or 3 members, whichever is greater, of the advisory committee must be persons with lived experience of food insecurity or generational poverty. The advisory committee shall submit a report to the joint standing committees of the Legislature having jurisdiction over agricultural matters, health and human services matters, labor and housing matters, transportation matters and economic and community development matters no later than January 1st of each year until 2030 regarding activities and progress made toward ending hunger in the State by 2030. The joint standing committees may each submit a bill to the Legislature each year relating to the subject matter of the report. [PL 2025, c. 309, §§2-4 (AMD).]

The commissioner does not have authority to exercise or interfere with the exercise of any discretionary statutory authority granted to the following, which authority is exclusively within the specific board, bureau, agency, commission, committee or other governmental unit: the Maine Milk Commission, the Seed Potato Board, the Harness Racing Commission, the Maine Potato Board, the Board of Veterinary Medicine and the Board of Pesticide Control. [PL 1995, c. 693, §4 (AMD).]

In addition, the commissioner shall be concerned with the quality of life of Maine farmers and rural communities. The commissioner shall promote: farm financing and rural development proposals; conservation and preservation of agricultural lands; increased and improved production of beef, poultry, sheep, dairy beef and other livestock; expanded and improved production of potatoes, fruits and other vegetables and horticultural ventures; coordinated foreign and domestic marketing of Maine agricultural products; in conjunction with the university, crop development and integrated pest management; and conservation of nonrenewable energy resources and utilization of renewable energy resources in conjunction with the Governor's Energy Office. To accomplish these objectives, the commissioner is authorized for, or on behalf of, Maine's farmers and rural community: to engage in research and educational programs; to participate directly or indirectly in programs to encourage and enable individuals to enter agricultural or other rural enterprises; to institute litigation or upon request to represent farmers or other members of the rural community in litigation where the commissioner determines that such litigation may be beneficial to agricultural industry as a whole; and to exercise all other powers of an agency of State Government. The commissioner may study such issues and, consistent with statute, take such actions either individually, for, or on behalf of, the State's farmers or rural residents, or jointly with such other persons, agencies or organizations as the commissioner determines may benefit the State's farmers and rural communities. To further accomplish these objectives, the commissioner is authorized beginning July 1, 1991, on behalf of the State's rural community, to administer food assistance programs including the receipt, distribution and administration of federal and state funds, including block grants, for food assistance. [PL 2019, c. 310, §1 (AMD).]

The commissioner may prepare and distribute printed and audio-visual materials on matters within the commissioner's statutory jurisdiction. There is established within the department a revolving fund to cover the printing and distribution costs of these materials. The commissioner shall fix the prices at which publications of the department may be sold or delivered. The department shall retain, without charge, an appropriate number of each publication for complimentary distribution. Income from the sale of publications that were charged to the revolving fund and any other money the commissioner may receive, from whatever source, consistent with the purposes of this section, must be credited to the revolving fund to be used as a continuing carrying account to carry out the purposes of the revolving funds. [RR 2021, c. 1, Pt. B, §51 (COR).]

The commissioner shall review proposed laws and rules that affect agricultural activity for their impact on soil tillage and animal grazing practices and their impact on the storage and use of animal manures and chemical fertilizers. The commissioner shall analyze the qualitative and quantitative impacts of proposed laws and rules that affect agricultural activity and present the analysis in public testimony to the Legislature on the proposed laws and rules. [PL 1989, c. 836, §1 (NEW).]
7 M.R.S. § 175 — ME Code / Title 7 / Part 1 / Chapter 6-A / Section 175
7 §175. Mosquito management districts
Status: in_force

For the purposes of preserving and promoting the public health and welfare by providing for coordinated and effective management of mosquitoes, municipalities may cooperate with each other through the creation of mosquito management districts. [PL 2013, c. 548, §1 (NEW).]
7 M.R.S. § 195 — ME Code / Title 7 / Part 1 / Chapter 7 / Section 195
7 §195. Annual reports
Status: in_force

A county extension association shall annually present to the University of Maine and the county commissioners its plan of extension work for the ensuing year and a full detailed report of its extension activities for the preceding fiscal year, including a detailed report of its receipts and expenditures from all sources. The financial report of a county extension association must be on forms prescribed by the University of Maine and the county commissioners. [PL 2005, c. 512, §3 (AMD).]
7 M.R.S. § 1043 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 1043
7 §1043. Label requirements
Status: in_force

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

1. Agricultural seeds. For agricultural seeds: A. Commonly accepted name of kind or kind and variety of each agricultural seed component in excess of 5% of the whole and the percentage by weight of each in the order of its predominance. Where more than one component is required to be named, the word "mixture" or "mixed" shall be shown conspicuously on the label; B. Lot number or other lot identification; C. Origin, if known, of alfalfa, red clover and field corn, except hybrid corn. If the origin is unknown, that fact shall be stated; D. Percentage by weight of all weed seeds; E. The name and approximate number of each kind of secondary noxious-weed seed: (1) Per ounce in Agrostis spp., Poa spp., Rhodes grass, Bermuda grass, timothy, orchard grass, fescues, alsike and white clover, reed canary grass, Dallis grass, ryegrass, foxtail millet, alfalfa, red clover, sweetclovers, lespedezas, smooth brome, crimson clover, Brassica spp., flax, Agropyron spp. and other agricultural seeds of similar size and weight or mixtures within this group; and (2) Per pound in proso, Sudan grass, wheat, oats, rye, barley, buckwheat, sorghums, vetches and other agricultural seeds of a size and weight similar to or greater than those within this group or any mixtures within this group. All determinations of noxious-weed seeds shall be subject to tolerances and methods of determination prescribed in the rules and regulations promulgated by the commissioner under this subchapter; F. Percentage by weight of agricultural seeds, which may be designated as "crop seeds," other than those required to be named on the label; G. Percentage by weight of inert matter; H. For each named agricultural seed: (1) Percentage of germination, exclusive of hard seed; (2) Percentage of hard seed, if present; (3) "Total germination and hard seed" may be stated as such, if desired; (4) The calendar month and year the test was completed to determine such percentages; I. Name and address of the person who labeled said seed or who sells, offers or exposes said seed for sale within this State.

2. Vegetable seeds. For vegetable seeds: A. Name of kind and variety of seed; B. For seeds which germinate less than the standard last established by the commissioner: (1) Percentage of germination, exclusive of hard seed; (2) Percentage of hard seed, if present; (3) The calendar month and year the test was completed to determine such percentages; (4) The words "Below Standard" in not less than 8-point type. C. Name and address of the person who labeled said seed or who sells, offers or exposes said seed for sale within this State.

3. Tree and shrub seeds. For tree and shrub seeds: A. Name of kind and variety; [PL 1969, c. 42, §4 (NEW).] B. The percentage by weight of pure seed; [PL 1969, c. 42, §4 (NEW).] C. The percentage of germination; [PL 1969, c. 42, §4 (NEW).] D. The year of collection of such seed; [PL 1969, c. 42, §4 (NEW).] E. The specific locality, state and county in the United States or nearest equivalent political unit in the case of foreign countries, in which the seed was collected. [PL 1969, c. 42, §4 (NEW).] F. Name and address of the person who labeled said seed, or who sells, offers or exposes said seed for sale within this State. [PL 1969, c. 42, §4 (NEW).] [PL 1969, c. 42, §4 (NEW).]
7 M.R.S. § 309 — ME Code / Title 7 / Part 1 / Chapter 10 / Section 309
7 §309. Annual review
Status: in_force

The commissioner and the Agricultural Development Committee shall, on an annual basis, review the effectiveness of the programs operated under the provisions of this chapter and provide a summary of the review to the Commissioner of Economic and Community Development. [RR 2015, c. 2, §6 (COR).]
7 M.R.S. § 2772 — ME Code / Title 7 / Part 6-A / Chapter 525 / Section 2772
7 §2772. Possession
Status: in_force

It is unlawful for any person to knowingly own or possess honeybees having any contagious or infectious disease or parasite or bee equipment and appliances contaminated by any such disease or parasite. It is unlawful to sell, barter or give away bees, equipment or appliances from any apiary without a certificate of inspection from a qualified bee inspector. [PL 1985, c. 572 (NEW).]
7 M.R.S. § 1053 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 1053
7 §1053. De minimus possession and venue
Status: in_force

1. De minimus possession. If a genetically engineered product in which a manufacturer has rights is possessed by a farmer or found on the property owned or occupied by the farmer and the presence of the product is either de minimus or not intended by the farmer, the farmer is not liable for breach of a seed contract nor for any damages claimed by the manufacturer. [PL 2007, c. 602, §5 (NEW).]

2. Venue. An infringement case brought against a grower who does not have a current technology use agreement with a manufacturer must be brought in a venue where the farmer resides or where the disputed crop was grown. [PL 2007, c. 602, §5 (NEW).]
7 M.R.S. § 950 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 950
7 §950. Definitions
Status: in_force

1. Exposed for sale. Potatoes packed in any type or kind of container, and found in any place in the State of Maine, whether that place shall be a depot, station, warehouse, packing house, boat dock or any place where potatoes are held in storage, or loaded on a boat, truck, trailer, or railroad car or motor vehicle, shall be deemed to be exposed for sale under this subchapter. Potatoes in any dwelling house for the purpose of consumption on the premises shall not be deemed to be exposed for sale. [PL 1965, c. 219, §1 (NEW).]

2. Consumer pack. "Consumer pack" means a unit of potatoes contained in a bag, crate or any other type of container. [PL 1997, c. 388, §1 (AMD).]

3. Shipping season. "Shipping season" means the period after August 1st of each year and before July 31st of the following year. [PL 1981, c. 513, §2 (NEW).]
7 M.R.S. § 1006-A — ME Code / Title 7 / Part 2 / Chapter 103 / Section 1006-A
7 §1006-A. Penalties
Status: in_force

A person who violates a provision of sections 991 to 994 or a provision of a marketing order duly issued by the commissioner commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged. Each day during which a violation continues constitutes a separate offense. [PL 2001, c. 421, Pt. B, §8 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
7 M.R.S. § 318 — ME Code / Title 7 / Part 1 / Chapter 10-B / Section 318
7 §318. Business plan development
Status: in_force

1. Eligibility. An applicant must own a farm business that has been producing agricultural products commercially in the State for at least 2 years at the time of application. The applicant must submit an application to the department to be eligible for participation in the program pursuant to procedures developed by the department. Exceptions to the 2-year eligibility requirement may be granted at the discretion of the department. [PL 2025, c. 254, §1 (AMD).]

2. Criteria for selection. The panel shall evaluate and approve applications that are based upon criteria developed by the department, including: A. The degree of opportunity for increasing the vitality of the farm business due to factors such as the capability of the applicant to effect positive changes in farm business operations and the suitability of the land in agricultural use to sustain those changes; and [PL 2025, c. 254, §1 (AMD).] B. The degree of threat to the continuation of agricultural use of the land due to factors such as the financial capacity and current farm management practices of the applicant. [PL 2003, c. 167, §1 (AMD).] The panel, to the extent practicable, may give priority consideration to applications from applicants who have a history of generational poverty or land dispossession in the United States or from applicants who are veterans. For purposes of this subsection, "veteran" means an individual who served in the United States Armed Forces and meets the definition of "veteran" under 38 Code of Federal Regulations, Section 3.1 or who has served or is currently serving in the Maine Army National Guard or Maine Air National Guard or the Reserves of the United States Armed Forces. [PL 2025, c. 254, §1 (AMD); PL 2025, c. 309, §15 (AMD).]

3. Services package; reimbursement. Once an applicant is selected to participate in the program, the department shall assist the selected farm business in assembling a services package to develop the business plan within 18 months of the selection. The services package must include services provided by outside experts, such as the analysis of production practices and markets or the development of financial data. These services may include instruction or classroom training in economics and business planning as available and as required by the department for the owner or operator of the farm business. A. [PL 2025, c. 254, §1 (RP).] B. [PL 2025, c. 254, §1 (RP).] A services package must be approved by the department before it is implemented. The department shall pay for outside services contracted as part of an approved services package. The department may not pay more than $10,000 for outside services contracted as part of the services package to a selected farm business. The department shall keep an accounting of the services provided to a selected farm business as part of the services package. [PL 2025, c. 254, §1 (AMD).]

4. First farmland protection agreement. [PL 2003, c. 167, §2 (RP).]

5. Business plan requirements. A selected farm business must use a services package to develop a business plan that identifies changes in farm management practices and investments in equipment and property that would increase the vitality of the farm business. [PL 2025, c. 254, §1 (AMD).]
7 M.R.S. § 637 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 637
7 §637. Enforcement
Status: in_force

The commissioner shall administer sections 631 to 643 and may adopt, in a manner consistent with the Maine Administrative Procedure Act, uniform rules for such administration. The commissioner may recover the fines imposed for violations of sections 631 to 643 in a civil action brought in the commissioner's name, with the venue to be as in other civil actions, and if prevailing in that action, the commissioner shall recover full costs. [PL 2005, c. 512, §34 (AMD).]
7 M.R.S. § 242 — ME Code / Title 7 / Part 1 / Chapter 8-D / Section 242
7 §242. Maine Agriculture in the Classroom Council
Status: in_force

1. Establishment. The Maine Agriculture in the Classroom Council, established in Title 5, section 12004‑G, subsection 4‑C and referred to in this section as "the council," has all the powers necessary to achieve the public purpose stated in subsection 2 and to carry out the powers conferred under this section. The exercise of powers conferred by this section is held to be the performance of essential government functions. A. Employees of the council may not be construed to be state employees for any purpose, including the state civil service provisions of Title 5, Part 2 and Title 5, chapter 372 . [PL 2007, c. 456, §2 (NEW).] B. The council may not be construed to be a state agency for any purpose, including the budget, accounts and control, auditing, purchasing or other provisions of Title 5, Part 4 . [PL 2007, c. 456, §2 (NEW).] C. Notwithstanding paragraphs A and B : (1) Employees of the council may be state employees for the purposes of the state retirement provisions of Title 5, Part 20 and the state employee health insurance program under Title 5, chapter 13, subchapter 2 ; and (2) For the purposes of the Maine Tort Claims Act, the council is a governmental entity and its employees and members are employees as those terms are defined in Title 14, section 8102 . [PL 2007, c. 456, §2 (NEW).] D. Employees of the council are entitled to use the services of the Central Fleet Management Division in accordance with provisions established for state agencies under Title 5, section 1830 . [PL 2007, c. 456, §2 (NEW).] [PL 2007, c. 456, §2 (NEW).]

2. Purpose. The purpose of the council is to promote an understanding of the food and fiber system in the State and the nation through the infusion of agricultural concepts into primary, secondary and postsecondary curricula. For the purposes of this section, "agricultural concepts" includes, but is not limited to: A. The importance of agriculture in the State and in the nation's history and development; [PL 2007, c. 456, §2 (NEW).] B. The connections between geography, climate and agriculture; [PL 2007, c. 456, §2 (NEW).] C. The relationship between technology and agricultural success and development; [PL 2007, c. 456, §2 (NEW).] D. The economics of agriculture; [PL 2007, c. 456, §2 (NEW).] E. The global aspects of agriculture; and [PL 2007, c. 456, §2 (NEW).] F. The relationship of the food and fiber system to public policy issues. [PL 2007, c. 456, §2 (NEW).] [PL 2007, c. 456, §2 (NEW).]

3. Membership. The council consists of 9 members, appointed as follows: A. One representative of the department, appointed by the commissioner; [PL 2007, c. 456, §2 (NEW).] B. One representative of the Department of Education, appointed by the Commissioner of Education; [PL 2007, c. 456, §2 (NEW).] C. Two members from the agricultural community with demonstrated interest in agriculture education, appointed by the commissioner; [PL 2007, c. 456, §2 (NEW).] D. One registered or licensed dietitian with a demonstrated interest in agriculture education, appointed by the commissioner; [PL 2007, c. 456, §2 (NEW).] E. One practicing kindergarten to grade 12 educator with knowledge of agriculture education, appointed by the Commissioner of Education; [PL 2007, c. 456, §2 (NEW).] F. One educator who teaches or has taught agriculture courses at the secondary school level, appointed by the Commissioner of Education; [PL 2007, c. 456, §2 (NEW).] G. One representative from the University of Maine Cooperative Extension with a demonstrated interest in agriculture education, appointed by the Director of the University of Maine Cooperative Extension; and [PL 2007, c. 456, §2 (NEW).] H. One representative of the soil and water conservation districts, appointed by the chair of the State Conservation District Advisory Council. [PL 2007, c. 456, §2 (NEW).] [PL 2007, c. 456, §2 (NEW).]

4. Term. Each member serves for a term of 4 years or until the member's successor is appointed. If a member is unable to complete a term, the appointing authority shall appoint a person to serve out the remainder of the unexpired term. [PL 2007, c. 456, §2 (NEW).]

5. Compensation. Members may be compensated for expenses as provided in the council's bylaws from money received under subsection 10 . [PL 2007, c. 456, §2 (NEW).]

6. Chair. The council shall elect annually by majority vote one member of the council to serve as chair and one member to serve as vice-chair. [PL 2007, c. 456, §2 (NEW).]

7. Executive director; personnel. The council may appoint by majority vote an executive director who is the council's chief administrator and who serves at the pleasure of the council. The executive director may employ, as the council directs, additional staff who serve at the pleasure of the executive director. The salaries paid to the executive director and other staff are fixed by the council and are not subject to the personnel laws of the State. [PL 2007, c. 456, §2 (NEW).]

8. Powers and duties. The council shall expend funds received under subsection 10 to provide teacher training and educational resource materials, collect and distribute appropriate agricultural information and materials from industry and trade groups and incorporate new and innovative ideas and proven outreach strategies to increase agricultural literacy among teachers and their students. The council shall work cooperatively with state agencies, the University of Maine System, farm organizations, agribusinesses and private individuals and groups to collect, organize, develop and promote the use of agricultural curriculum materials in schools and learning centers. The council may enter into contracts with any local, state, federal or private agency, department, firm, corporation or association as necessary to carry out the purposes of this section. [PL 2007, c. 456, §2 (NEW).]

9. Debt. A debt or obligation incurred by the council is not a debt or obligation of the State. [PL 2007, c. 456, §2 (NEW).]

10. Receipt of money and property. The council may accept grants or contributions of money or other things of value from any source, public or private. The council receives funds from the sale of agriculture education plates pursuant to Title 29‑A, section 456‑F . The grants, receipts and other contributions must be held by the council and used to carry out the purposes of this section, subject to any condition under which the grant or contribution was accepted by the council. Funds may be used to compensate members of the council for expenses in accordance with the council's bylaws. Funds received under this subsection are not state funds. [PL 2007, c. 703, §1 (AMD).]

11. Books and records. The council shall keep books, records and accounts of all its activities, which must be open to inspection and audit by the State at all times. An independent accountant shall conduct an annual accounting review of the financial records of the council and report the results of the review to the council, the commissioner, the Treasurer of State and the Legislature. [PL 2007, c. 456, §2 (NEW).]

12. Bylaws. The council may adopt bylaws to govern its functions. [PL 2007, c. 456, §2 (NEW).]
7 M.R.S. § 1801 — ME Code / Title 7 / Part 4 / Chapter 305 / Section 1801
7 §1801. Reportable diseases
Status: in_force

The commissioner shall, by rule adopted in a manner consistent with the Maine Administrative Procedure Act, determine which diseases or pathogens must be classified as "reportable." The form of transmissible spongiform encephalopathy known as chronic wasting disease is reportable. It is a violation of this chapter for any owner, agent of any owner, veterinarian or other person having knowledge of the existence of such disease or pathogen or the exposure of domestic animals to such disease or pathogen not to properly report the existence of such disease or pathogen or exposure of domestic animals to the department immediately after knowledge of such disease or pathogen or exposure of domestic animals to such disease or pathogen. [PL 2001, c. 572, §32 (RPR).]

It is a violation of this chapter for any person to cause a domestic animal to be driven, trucked or otherwise moved intrastate or interstate when that person has knowledge that the animal is infected with or has been exposed to a reportable disease or pathogen. It is a violation of this chapter for any person to cause a domestic animal to be driven, trucked or otherwise moved intrastate or interstate when that person has knowledge that the animal has been treated with a vaccine or other substance that might make that animal capable of spreading a reportable disease or pathogen among susceptible domestic animals. A domestic animal infected with or exposed to a reportable disease or pathogen may be moved only under the direction of the commissioner. [PL 2001, c. 572, §32 (RPR).]
7 M.R.S. § 443 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 443
7 §443. Brands, labels and trademarks; revocation
Status: in_force

The commissioner may determine or design brands, labels or trademarks for identifying farm products, sardines and, subject to the additional conditions of this section, other natural resource products and commodities, packed in accordance with such official grades and standards established as provided by law and may furnish information to packers and shippers as to where those labels and trademarks may be obtained. A written application to the commissioner requesting permission to use brands, labels or trademarks, and a written acceptance by the commissioner or duly authorized assistants, shall be a condition precedent to the use of those brands, labels or trademarks. The right to use those brands, labels or trademarks may be suspended or revoked in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375 , whenever it appears on investigation that they have been used to identify farm products, sardines or other natural resource products and commodities not in fact conforming to the grade indicated. [PL 1989, c. 670, §1 (AMD).]

1. Nonagricultural products. Before any natural resource product or commodity that is not a farm product is eligible to use a brand, label or trademark designed by the Commissioner of Agriculture, Conservation and Forestry, a commissioner of any other department with regulatory authority, marketing or promotion responsibility or other authority for that product or commodity shall determine whether the use of the brand, label or trademark is in the best interests of packers and shippers of the product or commodity and shall request that the Commissioner of Agriculture, Conservation and Forestry permit the use of the brand, label or trademark in accordance with the provisions of this subchapter. Grades and standards may be established by reference to marketing orders or to federal or state laws and regulations. Grades and standards may also be established through joint rulemaking by the appropriate department and the Department of Agriculture, Conservation and Forestry. [PL 1989, c. 670, §1 (NEW); PL 2011, c. 657, Pt. W, §§5, 6 (REV).]

2. Marine resource products. All marine resource products, as defined in Title 12, section 6001 , except sardines, are excluded from the provisions of this subchapter except when the Commissioner of Marine Resources finds that a resource and its related industry would benefit by participation. [PL 1989, c. 670, §1 (NEW).]
7 M.R.S. § 3951 — ME Code / Title 7 / Part 9 / Chapter 727 / Section 3951
7 §3951. Killing for assault permitted
Status: in_force

Any person may lawfully kill a dog if necessary to protect that person, another person or a domesticated animal during the course of a sudden, unprovoked assault. [PL 1997, c. 690, §34 (AMD).]
7 M.R.S. § 57 — ME Code / Title 7 / Part 1 / Chapter 2-B / Section 57
7 §57. Variance
Status: in_force

An owner of real estate may apply to the municipal zoning board of appeals or other municipal body hearing zoning appeals, or, in the case of areas within its jurisdiction, the Maine Land Use Planning Commission, for a variance permitting an inconsistent development upon or incompatible use of land that is otherwise prohibited under section 56 . Notwithstanding Title 30‑A, section 4353, subsection 4 , a variance may be issued if adherence to section 56 renders a parcel of land subdivided prior to registration of the farmland unusable for residential purposes. Any variance granted for such a purpose must be conditioned to provide the maximum feasible setback from the abutting registered farmland. [PL 2011, c. 608, §16 (AMD); PL 2011, c. 682, §38 (REV).]
7 M.R.S. § 901 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 901
7 §901. Exposed for sale
Status: in_force

For purposes of this subchapter, any birch syrup products governed by this subchapter that are packed in any type or kind of container and found in any place in the State, whether a warehouse, packing house or place where birch syrup products are stored, are deemed to be exposed for sale. [PL 2021, c. 43, §1 (NEW).]
7 M.R.S. § 1096 — ME Code / Title 7 / Part 2 / Chapter 105 / Section 1096
7 §1096. Violation; penalties
Status: in_force

1. Civil violation. Failure of a dealer or processor to pay assigned dues to an association within the time required by section 1093 is a civil violation for which a forfeiture of double the amount of the assigned dues that were not timely paid to the association shall be adjudged. The court shall order payment of the forfeiture to the association. In the event of a willful violation, the dealer or processor shall be subject to an additional civil penalty, payable to the State, of not more than $1,000 for a first violation and not more than $2,000 for each subsequent violation. The forfeiture and civil penalty created by this subsection are recoverable by the commissioner in a civil action. [PL 1987, c. 384, §4 (NEW).]

2. Private action. Any dealer or processor that fails to pay assigned dues to an association within the time required by section 1093 is liable to that association in a civil action for double the amount of the assigned dues that were not timely paid to the association, plus reasonable attorneys fees, provided that the filing of a civil violation action, pursuant to subsection 1 , shall bar the filing of a private action under this subsection arising from the same events of nonpayment. [PL 1987, c. 384, §4 (NEW).]
7 M.R.S. § 619 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 619
7 §619. Delegation of duties
Status: in_force

All authority vested in the board under this subchapter may, with like force and effort, be executed by employees of the board to whom the board from time to time delegates such authority. [PL 2005, c. 620, §19 (AMD).]
7 M.R.S. § 1016 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 1016
7 §1016. Verified complaints; investigation
Status: in_force

The commissioner or his duly authorized agent shall have full authority to investigate upon the verified complaint of any interested person, or on his own motion, the conduct and activities of any person applying for or holding a license as dealer, processor, broker, agent or retailer and for such purpose may examine the books and papers of any such person and may take testimony and affidavits thereon under oath. Any interested person who has filed a verified complaint may be a party of record to all proceedings had with regard thereto. [PL 1975, c. 555, §3 (AMD).]
7 M.R.S. § 4013 — ME Code / Title 7 / Part 9 / Chapter 739 / Section 4013
7 §4013. Necessary sustenance
Status: in_force

No person owning or responsible for confining or impounding any animal may fail to supply the animal with a sufficient supply of food and water as prescribed in this section. [PL 1987, c. 383, §3 (NEW).]

1. Food. The food shall be of sufficient quantity and quality to maintain all animals in good health. [PL 1987, c. 383, §3 (NEW).]

2. Water. If potable water is not accessible to the animal at all times, it must be provided daily and in sufficient quantity for the health of the animal. Snow or ice is not an adequate water source. [PL 2003, c. 405, §23 (AMD).]
7 M.R.S. § 402-A — ME Code / Title 7 / Part 2 / Chapter 101 / Section 402-A
7 §402-A. Agriculture promotion
Status: in_force

1. Agriculture Promotion Committee. [PL 1995, c. 233, Pt. A, §2 (RP).]

2. Fund. There is created a nonlapsing Agriculture Promotion Fund. The commissioner is authorized to accept moneys for this fund from any public or private source and to credit to this fund any moneys received from the sale of agricultural promotional materials. [PL 1981, c. 705, Pt. I, §1 (NEW).]

3. Duties of the committee. [PL 1995, c. 233, Pt. A, §3 (RP).]

4. Rule-making authority. The commissioner may adopt such rules as the commissioner considers necessary to achieve the purposes of this chapter including, but not limited to, rules requiring registration of persons wishing to identify products as Maine products under a logo or trademark adopted by the department and requiring verification of the origin of those products. [RR 2021, c. 1, Pt. B, §62 (COR).]
7 M.R.S. § 2102 — ME Code / Title 7 / Part 5 / Chapter 401 / Section 2102
7 §2102. Certification and inspection fee
Status: in_force

A grower of potato, vegetable, forage crop or grain seeds may make application to the commissioner for inspection and certification of a crop growing or to be grown in this State. The grower shall provide the commissioner with the location and a description of the land on which the crop is grown and any additional information required by the commissioner. The grower shall enter into an agreement to pay inspection and certification fees determined by the commissioner to cover the cost of inspection and certification. Upon entering into an agreement with a grower, the commissioner or an agent of the commissioner shall list that grower's crops to be inspected and shall inspect and certify the crops in accordance with rules adopted pursuant to this chapter. All certification and inspection fees received in accordance with this section must be deposited in the Certified Seed Fund established in section 2107 . [PL 2003, c. 578, §5 (RPR).]
7 M.R.S. § 1810 — ME Code / Title 7 / Part 4 / Chapter 305 / Section 1810
7 §1810. Agreements
Status: in_force

The commissioner is authorized to enter into agreements of cooperation in the name of the State with the United States Department of Agriculture, other states, the Canadian Food Inspection Agency and Canadian provinces for the prevention, control and eradication of diseases among domestic animals. [PL 2001, c. 572, §39 (AMD).]
7 M.R.S. § 2908-A — ME Code / Title 7 / Part 7 / Chapter 601 / Section 2908-A
7 §2908-A. Violations
Status: in_force

1. Violation. A firm, person, corporation or society may not sell milk or milk products in the State without the license or permits provided in sections 2901‑C and 2902‑A , violate sections 2901‑A to 2903‑B or neglect, fail or refuse to comply with those sections and the rules, regulations and standards of identity and quality issued pursuant to section 2910 . [PL 2005, c. 270, §7 (AMD).]

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 less than $250 and not more than $500 may be adjudged. [PL 2003, c. 452, Pt. B, §20 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. A person who violates subsection 1 after having previously violated subsection 1 commits a civil violation for which a fine of not less than $500 and not more than $1,000 may be adjudged. [PL 2003, c. 452, Pt. B, §20 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. B, §20 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
7 M.R.S. § 1310 — ME Code / Title 7 / Part 3 / Chapter 201 / Section 1310
7 §1310. Cattle Health Assurance Program Fund
Status: in_force

The Treasurer of State shall establish a separate account known as the Cattle Health Assurance Program Fund. This fund does not lapse but must be carried forward. Funds from this account may be used to pay for administrative costs associated with section 1309 . [PL 2003, c. 386, §2 (NEW).]
7-A M.R.S. § 203 — ME Code / Title 7-A / Subtitle 1 / Chapter 1 / Section 203
7-A §203. Commissioner
Status: in_force

The department is under the control and supervision of the Commissioner of Agriculture, Conservation and Forestry, who reports directly to the Governor. [PL 2011, c. 657, Pt. V, §1 (NEW); PL 2013, c. 405, Pt. A, §17 (AFF).]

1. Appointment. The Governor shall appoint the commissioner, subject to review by the joint standing committee of the Legislature having jurisdiction over agriculture, conservation and forestry matters and confirmation by the Senate. The commissioner, who must be a person of recognized executive ability and who must possess training, knowledge or experience in agricultural production, conservation, forestry and natural resource management, serves at the pleasure of the Governor. [PL 2013, c. 405, Pt. A, §10 (AMD); PL 2013, c. 405, Pt. A, §17 (AFF).]

2. Deputies; staff. [PL 2013, c. 405, Pt. A, §11 (RP); PL 2013, c. 405, Pt. A, §17 (AFF).]

2-A. Deputy; staff. The commissioner shall appoint a deputy commissioner to assist the commissioner with the operations of the department. The commissioner shall also appoint a natural resource marketing and economic development specialist, who shall assist the commissioner in the identification and tracking of natural resource industry trends, who shall work with natural resource groups to identify value-added opportunities and who shall coordinate with other governmental agencies to help management to improve the sustainability of the State's agricultural resources and the long-term health of the State's agricultural, forestry and natural resource-based industries. [PL 2013, c. 405, Pt. A, §12 (NEW).]

3. Vacancy; commissioner. A vacancy in the office of the commissioner must be filled as follows. A. A vacancy in the commissioner's position must be filled in accordance with Title 5, section 1 . [PL 2011, c. 657, Pt. V, §1 (NEW); PL 2013, c. 405, Pt. A, §17 (AFF).] B. The commissioner shall appoint one of the department's deputy commissioners to perform the duties of the commissioner, in addition to the duties of that deputy commissioner, during the commissioner's temporary absence or disability. [PL 2011, c. 657, Pt. V, §1 (NEW); PL 2013, c. 405, Pt. A, §17 (AFF).] [PL 2011, c. 657, Pt. V, §1 (NEW); PL 2013, c. 405, Pt. A, §17 (AFF).]
7 M.R.S. § 401-B — ME Code / Title 7 / Part 2 / Chapter 101 / Section 401-B
7 §401-B. Responsibilities of the commissioner
Status: in_force

To further the purposes of this Part, the commissioner shall initiate and implement programs necessary to facilitate the effective, profitable marketing of Maine agricultural products. For the purposes of this subchapter, the terms "agricultural products" and "farm products" include, but are not limited to, products of aquaculture as defined in Title 12, section 6001, subsection 1 . These programs include, but are not limited to, the following. [PL 2003, c. 660, Pt. A, §1 (AMD).]

1. Research. The commissioner, in conjunction with the Maine Agricultural Experiment Station and the Cooperative Extension Service, shall conduct, assist and foster research to improve the marketing, handling, storage, processing, transportation and distribution of agricultural products in order to develop new and wider markets and reduce distribution costs. [PL 1983, c. 563, §1 (NEW).]

2. Information to producers. The commissioner, in conjunction with the Maine Agricultural Experiment Station and the Cooperative Extension Service and other public or private agencies, shall provide producers information regarding current market conditions and such other information as may be needed to maintain quality control and promote quality improvement for Maine agricultural products. [PL 1983, c. 563, §1 (NEW).]

3. Information to consumers. The commissioner, in conjunction with the Cooperative Extension Service, shall provide for the dissemination of information to consumers about Maine agricultural products. [PL 1983, c. 563, §1 (NEW).]

4. Organization. The commissioner shall aid Maine producers and consumers by assisting cooperative societies of buyers and sellers, encouraging direct marketing and by facilitating the efficient distribution of farm products. [PL 1983, c. 563, §1 (NEW).]

5. Coordination and assistance. The commissioner shall consult with, coordinate and assist producer and dealer organizations and other groups interested in the production, processing and packing, grading, promotion and sale of agricultural goods. [PL 1983, c. 563, §1 (NEW).]

6. Monitoring consumption of Maine-produced food. By November 1, 2000, the commissioner shall develop a method and baseline research to estimate the percentage of food consumed in Maine that is produced within Maine. The commissioner shall update the methodology and estimate every 2 years and include the latest estimate in the biennial report submitted to the Legislature pursuant to section 2, subsection 5 . [PL 1999, c. 769, §3 (NEW).]
7 M.R.S. § 539 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 539
7 §539. Sale, exchange or transport of "controlled atmosphere" apples
Status: in_force

A person may not sell or exchange or offer or expose for sale or exchange or transport for sale any apples represented as having been exposed to "controlled atmosphere" or "modified atmosphere," alone or with other words, or use any such term or form of words or symbols of similar import on any container or lot of apples advertised, sold, offered for sale or transported for sale within this State unless such apples have been kept in a room or storage building with not more than 5% oxygen for a minimum of 45 days, except that the commissioner, after notice and public hearing, may change the minimum number of days, as conditions in the apple industry may require. [PL 2005, c. 512, §28 (AMD).]

If within a period of 50 consecutive days the oxygen content of a sealed storage room is at 5% or less for a total of 45 days, the room qualifies as a legal controlled atmosphere room. [PL 2005, c. 512, §28 (AMD).]
7 M.R.S. § 3923-D — ME Code / Title 7 / Part 9 / Chapter 721 / Section 3923-D
7 §3923-D. Temporary licenses
Status: in_force

An animal shelter may issue a temporary dog license when transferring ownership vested in the animal shelter under section 3913, subsection 4 to a person buying or otherwise accepting ownership. The department shall provide animal shelters with temporary license forms. The animal shelter shall complete all information prescribed on the form, provide the owner with the original temporary license and submit the copy for the municipal clerk and the animal control officer to the appropriate municipal clerk. The animal shelter may retain a copy of the temporary license to comply with section 3914 . A temporary license is valid for a period of 10 days beginning on the date of issuance. An animal shelter may charge $1 for issuing a temporary license. [PL 1997, c. 690, §22 (AMD).]
7 M.R.S. § 4204 — ME Code / Title 7 / Part 10 / Chapter 747 / Section 4204
7 §4204. Nutrient management plan
Status: in_force

1. Nutrient management plan required. A person who owns or operates a farm that meets the criteria established in subsection 2 shall have a nutrient management plan for that farm and shall implement the provisions in that plan by the dates specified for that category of farm in subsection 4 , 5 , 6 or 7 . The nutrient management plan must be prepared by a person certified in accordance with section 4202, subsection 2 and must address the storage and utilization of all farm nutrients generated on or transported to the farm. A nutrient management plan developed by a farm owner or operator is deemed to have been prepared by a certified nutrient management specialist if a certified nutrient management specialist reviews the plan for compliance with this chapter, signs the plan and notifies the department in accordance with subsection 3. A. [PL 2003, c. 452, Pt. B, §24 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).] B. [PL 2003, c. 452, Pt. B, §24 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).] C. [PL 2003, c. 452, Pt. B, §24 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).] D. [PL 2003, c. 452, Pt. B, §24 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).] E. [PL 2003, c. 452, Pt. B, §24 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).] F. [PL 2003, c. 452, Pt. B, §24 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).] G. [PL 2003, c. 452, Pt. B, §24 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).] H. [PL 2003, c. 452, Pt. B, §24 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. B, §24 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]

1-A. Plan requirements. For livestock farms, the nutrient management plan must address storage and utilization of farm nutrients for the entire farm operation including leased or rented land. For crop farms, the plan must address storage and utilization of farm nutrients on land on which manure is utilized or stored. A nutrient management plan must include or provide for: A. Minimum distances between manure storage, stacking and spreading areas and property lines and surface water based on site-specific factors; [PL 2003, c. 452, Pt. B, §25 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Manure storage for a minimum of 180 days; [PL 2003, c. 452, Pt. B, §25 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. Provisions for soil erosion control; [PL 2003, c. 452, Pt. B, §25 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] D. [PL 2005, c. 382, Pt. B, §2 (RP).] E. Results of soil tests for land designated in the plan for manure spreading or manure irrigation; [PL 2003, c. 452, Pt. B, §25 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] F. Results of manure tests; [PL 2003, c. 452, Pt. B, §25 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] G. A statement of yield goals for land receiving farm nutrients; [PL 2003, c. 452, Pt. B, §25 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] H. Additional information established through rulemaking; [PL 2003, c. 452, Pt. B, §25 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] I. Site-specific dates recommended for the spreading of manure and spraying or irrigation of liquid manure. In compliance with section 4207 , the plan may not recommend spreading between December 1st of a calendar year and March 15th of the following calendar year; and [PL 2003, c. 452, Pt. B, §25 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] J. A recommended timetable for implementing the plan. [PL 2003, c. 452, Pt. B, §25 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2005, c. 382, Pt. B, §2 (AMD).]

2. Farms requiring a nutrient management plan. A farm that meets one or more of the following criteria is required to have a nutrient management plan: A. A farm that confines and feeds 50 or more animal units at any one time; [PL 1997, c. 642, §2 (NEW).] B. A farm that stores or utilizes more than 100 tons of manure per year not generated on that farm; [PL 2007, c. 240, Pt. ZZ, §1 (AMD).] C. A farm that is the subject of a verified complaint of improper manure handling; or [PL 1999, c. 530, §4 (AMD).] D. A farm that stores or utilizes regulated residuals. [PL 1997, c. 642, §2 (NEW).] [PL 2007, c. 240, Pt. ZZ, §1 (AMD).]

3. Responsibility of person preparing nutrient management plans. Upon completion of a nutrient management plan, a person certified to prepare nutrient management plans in accordance with this chapter shall notify the department. The notification must include the name and address of the owner or operator of the farm and the location of the farm for which the plan was prepared. A person preparing a nutrient management plan required by this chapter shall adhere to rules adopted in accordance with this chapter pertaining to the preparation and requirements of the plan. [PL 1997, c. 642, §2 (NEW).]

4. Compliance date for farms operational on March 31, 1998. Except for a farm requiring a livestock operations permit under section 4205 or as provided in subsection 8 , an owner or operator of a farm that was operational on March 31, 1998 and meets the criteria established in subsection 2, paragraph A or B shall have a nutrient management plan prepared for that farm no later than January 1, 2001. Except as provided in subsection 8 , the plan must be implemented no later than October 1, 2007. [PL 2001, c. 64, §1 (AMD).]

5. Compliance date for farms that were operational on March 31, 1998 that store or use regulated residuals. An owner or operator of a farm that is required to have a nutrient management plan under subsection 2, paragraph D and that was operational on March 31, 1998 shall have that plan prepared by January 1, 2000. Except as provided in subsection 8 , the plan must be implemented no later than January 1, 2000. [PL 1999, c. 530, §4 (NEW).]

6. Compliance date for farms becoming operational after March 31, 1998. An owner or operator of a farm that is required to have a nutrient management plan under subsection 2 and that was not operational on March 31, 1998 shall have a nutrient management plan prepared before the farm becomes operational. Except as provided in subsection 8 , the plan must be implemented at the time the farm becomes operational. [PL 1999, c. 530, §4 (NEW).]

7. Compliance date for farms subject of verified complaint. When a farm is required to have a nutrient management plan under subsection 2, paragraph C , the commissioner shall establish a date by which the plan must be developed and a date for implementation of the plan. [PL 1999, c. 530, §4 (NEW).]

8. Variances. For farms with compliance dates established in subsection 4 , the commissioner may grant a variance from the date by which a nutrient management plan must be prepared and certified when the commissioner finds that technical assistance or resources are not available to complete and certify the plan by January 1, 2001. The commissioner may grant a variance from the implementation date in subsection 4 , 5 or 6 when the commissioner finds that implementation of the plan would cause undue hardship. A person requesting a variance shall submit a request in writing to the commissioner at least 90 days prior to the applicable implementation date. The commissioner shall establish by rule criteria and a process for granting a variance. Factors considered must include protection of groundwater and surface water, cost of implementing the plan, availability of financial assistance to implement the plan and availability of technical assistance or resources to complete and certify the plan. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . Notwithstanding the provisions of this subsection, a variance may not extend an implementation date beyond December 31, 2008. A person denied a variance by the commissioner may appeal that decision to the board. [PL 2001, c. 64, §2 (AMD).]

9. Violation. The following are civil violations for which a fine of up to $1,000 plus up to an additional $250 per day for each day that the violation continues may be adjudged: A. Failure to develop a nutrient management plan in accordance with this section; and [PL 2003, c. 452, Pt. B, §26 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Failure to implement a nutrient management plan in accordance with this section or rules adopted pursuant to this section. Prior to the development of a plan, a person is not subject to a penalty for failure to implement a nutrient management plan. [PL 2003, c. 452, Pt. B, §26 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. B, §26 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

10. Nutrient management plan confidential. A nutrient management plan prepared in accordance with this section is confidential and is not a public record as defined in Title 1, section 402, subsection 3 . A copy of a nutrient management plan required under this section must be available to the commissioner or the commissioner's designee upon request. [PL 2003, c. 452, Pt. B, §26 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
7 M.R.S. § 898 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 898
7 §898. Violations
Status: in_force

Any person, firm or corporation who shall violate any of the provisions of sections 891 to 898 or neglect or refuse to comply with any of the provisions required in those sections or in any way violates any of those provisions commits a civil violation for which the following forfeitures may be adjudged: [PL 1977, c. 696, §78 (RPR).]

1. First violation. For the first violation, a forfeiture not to exceed $100; and [PL 1977, c. 696, §78 (NEW).]

2. Subsequent violations. For each subsequent violation, a forfeiture not to exceed $200. [PL 1977, c. 696, §78 (NEW).]
7 M.R.S. § 2222 — ME Code / Title 7 / Part 5 / Chapter 406 / Section 2222
7 §2222. Permit and registration
Status: in_force

A person who cultivates ginseng for sale must be licensed by the department and shall pay an annual fee of $10. A person who buys ginseng for resale shall register annually with the department as a ginseng dealer and pay an annual fee of $25. The commissioner may issue a license for a one-year, 2-year or 3-year period. Licenses for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year license is 2 times the annual fee. The fee for a 3-year license is 3 times the annual fee. [PL 1997, c. 454, §4 (AMD).]
7 M.R.S. § 1033-A — ME Code / Title 7 / Part 2 / Chapter 103 / Section 1033-A
7 §1033-A. Duties of the commissioner
Status: in_force

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

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

3. Maine bag grades. Pursuant to the rule-making provisions of the Maine Administrative Procedure Act, the commissioner shall adopt the official grade or grades for potatoes to be packed in Maine bags. The commissioner shall prepare proposed rules. These rules as finally adopted become effective on August 1st, 1988 and may be amended only annually thereafter, with amendments becoming effective on August 1st of the year in which adopted. A Maine bag grade may not be less than United States No. 1. [PL 2005, c. 294, §17 (AMD).]
7 M.R.S. § 742 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 742
7 §742. 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, §54 (AMD).]

1. Agricultural lime. [PL 2007, c. 147, §1 (RP).]

1-A. Biosolids. "Biosolids" means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process that can be beneficially recycled, including material derived from biosolids and septic tank sludge, also known as septage. [PL 2013, c. 204, §1 (NEW).]

2. Brand. "Brand" means a term, design or trademark used in connection with one or several grades of commercial fertilizer.

3. Bulk fertilizers. "Bulk fertilizers" means commercial fertilizer distributed in a non-packaged form.

4. Commercial fertilizer. "Commercial fertilizer" means a substance containing one or more recognized fertilizer materials bearing a guaranteed analysis on the product label of a packaged product or the accompanying delivery paperwork or invoice of a bulk fertilizer. It does not include unmanipulated animal and vegetable manures. [PL 2013, c. 204, §2 (RPR).]

5. Commissioner. "Commissioner" means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's authorized agent. [RR 2021, c. 1, Pt. B, §102 (COR).]

6. Distribute; distributor. "Distribute" means to offer for sale, sell, barter or otherwise supply commercial fertilizers. The term "distributor" means any person who distributes.

7. Fertilizer material. "Fertilizer material" means any substance containing nitrogen, phosphorus, potassium or any recognized plant nutrient element or compound which is used primarily for its plant nutrient content or for compounding mixed fertilizers except unmanipulated animal and vegetable manures.

8. Grade. "Grade" means any commercial fertilizer having a specific minimum percentage of plant nutrients that is the same as the guaranteed analysis, expressed in whole numbers. [PL 2009, c. 393, §2 (AMD).]

9. Guaranteed analysis. "Guaranteed analysis": A. "Guaranteed analysis" means the minimum percentage of plant nutrients claimed in the following order and form: Total Nitrogen (N) ................ % Available Phosphate (P 2 O 5 )......................... % Soluble Potash (K 2 O) ............ %; and [PL 2015, c. 191, §1 (AMD).] B. "Guaranteed analysis" in paragraph A includes: (1) For unacidulated mineral phosphatic materials and basic slag, both total and available phosphorus or phosphoric acid and the degree of fineness. For bone, tankage and other organic phosphatic materials, total phosphorus or phosphoric acid; and (2) Additional plant nutrients expressed as the elements, when permitted by the commissioner. [PL 2007, c. 147, §2 (AMD).] [PL 2015, c. 191, §1 (AMD).]

10. Mixed fertilizers. "Mixed fertilizers" means any combination or mixture of fertilizer materials designed for use or claimed to have value in promoting plant growth.

11. Official sample. "Official sample" means any sample of commercial fertilizer taken by the commissioner.

11-A. Packaged biosolids. "Packaged biosolids" means biosolids distributed in a sealed container provided by the distributor of the material. [PL 2013, c. 204, §3 (NEW).]

12. Per cent or percentage. "Per cent" or "percentage" means the percentage by weight.

13. Person. "Person" includes individual, partnership, association, firm and corporation.

14. Registrant. "Registrant" means the person who registers commercial fertilizer under this subchapter.

15. Singular and plural. Words importing the singular number may extend and be applied to several persons or things and words importing the plural number may include the singular.

16. Ton. "Ton" means a net weight of 2,000 pounds avoirdupois.

17. Unpackaged biosolids. "Unpackaged biosolids" means biosolids distributed in a loose, unpackaged form in an unsealed container, including, but not limited to, a tote bag, tote tank, bin, tank, trailer, spreader truck, railcar and pickup truck bed or other container provided by the final user solely for transport of the material. [PL 2013, c. 204, §4 (NEW).]
7 M.R.S. § 2153 — ME Code / Title 7 / Part 5 / Chapter 403 / Section 2153
7 §2153. Meetings; quorums
Status: in_force

The Seed Potato Board shall meet annually on such date and at such place as the board may appoint and shall meet at such other times as the board may determine necessary or when called by the chair of the board or any 2 members of the board upon 2 days' notice. [PL 2009, c. 379, §3 (AMD).]

The presence at any meeting of at least 5 members of the board shall be necessary to constitute a quorum, and the concurring votes of not less than a majority of the members present at any meeting shall be necessary to the decision of any question or issue or the authorization of any action. [PL 1983, c. 565, §5 (AMD).]
7 M.R.S. § 769 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 769
7 §769. Fines for 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, §12 (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 $100 may be adjudged. [PL 2003, c. 452, Pt. B, §12 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] 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 $200 may be adjudged. [PL 2003, c. 452, Pt. B, §12 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. B, §12 (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 bring suit or institute 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, §12 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
7 M.R.S. § 2954 — ME Code / Title 7 / Part 7 / Chapter 603 / Section 2954
7 §2954. Establishment of minimum prices
Status: in_force

1. Commission empowered to establish prices; public hearing. The commission is vested with the power to establish and change, after investigation and public hearing, the minimum wholesale and retail prices to be paid to producers, dealers and stores for milk received, purchased, stored, manufactured, processed, distributed or otherwise handled within the State. The commission shall hold a public hearing prior to the establishing or changing of such minimum prices. The commission may proceed, however, under the emergency rule-making provisions of Title 5, section 8054 without making findings of emergency when the only changes to be made in the minimum prices are to conform with the orders of any federal or other agency duly authorized by law to establish or negotiate producer prices, are to respond to other conditions affecting prevailing Class I, Class II and Class III prices in southern New England or are to reflect the milk handling fee levied and imposed by Title 36, chapter 721 . Title 5, section 8054, subsection 3, the 2nd sentence, does not apply to minimum prices adopted under this subsection. Due notice of the public hearing must be given by publishing notice as provided in Title 5, chapter 375 . The commission shall hold such a public hearing not less frequently than once every 12 months to determine whether the minimum wholesale and retail prices then established should be changed. In addition to the data received through the implementation of the information gathering procedures of its rules as a basis for its determinations, the commission shall solicit and seek to receive oral and written testimony at hearings to determine whether the minimum wholesale and retail prices then established should be changed and whether the proposed minimum wholesale and retail prices are just and reasonable. [PL 2005, c. 683, Pt. A, §13 (AMD).]

2. Considerations in establishing prices. The minimum wholesale and retail prices established by the commission must be just and reasonable taking into due consideration the public health and welfare and the insuring of an adequate supply of pure and wholesome milk to the inhabitants of this State under varying conditions in various marketing areas; prevailing prices in neighboring states; seasonal production and other conditions affecting the costs of production, transportation and marketing in the milk industry, including a reasonable return to producer, dealer and store; and the public need for the establishment of retail milk prices at the lowest practicable levels. A. The minimum wholesale prices paid to producers are based on the prevailing Class I, Class II and Class III prices in southern New England except that, after investigation, the Maine Milk Commission may set different minimum wholesale prices paid to producers to reflect the costs of producing milk in this State. [PL 2005, c. 382, Pt. F, §8 (AMD).] B. The minimum wholesale prices paid to dealers must be established to reflect the lowest prices at which milk purchased from producers in this State at minimum prices in the State can be received, processed, packaged and distributed within the State at a just and reasonable return, and in addition must include the amount of any fee levied and imposed by Title 36, chapter 721 . [PL 2005, c. 396, §2 (AMD).] C. The minimum retail prices established for payment by consumers must be based on the minimum wholesale price paid to dealers and a rate of return determined to be just and reasonable by the Maine Milk Commission. [PL 2005, c. 382, Pt. F, §8 (AMD).] D. In establishing and changing minimum wholesale and retail prices, the commission shall consider the effect of possible pricing decisions on the ability of the Maine dairy industry to compete in supplying milk to Maine consumers and, in such a consideration, shall include the following factors: (1) The strength and viability of the Maine dairy industry as a whole; (2) The extent of any social or economic benefits of maintaining dairy processing plants in different geographic regions or natural marketing areas of the State; and (3) The encouragement of consumption by Maine consumers of milk produced and processed within the State, consistent with the Constitution of Maine and the United States Constitution. [PL 2005, c. 382, Pt. F, §8 (NEW).] E. The commission may not set different minimum wholesale prices for different retail delivery volumes of milk. [PL 2005, c. 382, Pt. F, §8 (NEW).] [PL 2005, c. 382, Pt. F, §8 (AMD); PL 2005, c. 396, Pt. F, §8 (AMD).]

3. Exemption for on-premise sales of raw milk. The minimum price provisions of this chapter shall not apply to sales by producers of raw milk produced and sold to consumers on the premises of the producers. [PL 1975, c. 517, §3 (RPR).]

4. Commission empowered to establish classifications of milk. The commission may establish and change, after investigation and public hearing, classifications of milk according to its various usages and shall specify to what classification the prices established under this chapter apply. [PL 2005, c. 382, Pt. F, §9 (AMD).]

5. Minimum price schedule. Minimum prices set by the commission may vary in the several market areas of the State. The commission shall furnish all dealers registered in each market with a schedule of applicable prices and shall publish the schedule in appropriate newspapers in that market. Once minimum prices for a market take effect, no dealer, store or other person handling milk in that market may buy or offer to buy, sell or offer to sell milk for prices less than the scheduled minimum prices established for that market. [PL 2005, c. 382, Pt. F, §10 (AMD).]

6. Schedule of maximum transportation allowances; adjustments. The commission may annually establish a schedule of maximum transportation allowances that may be charged by any Maine dealer for hauling milk from a producer's farm to the dealer's dairy plant. The commission shall base its schedule on the recommendations of the commissioner pursuant to section 3156 and shall conduct hearings prior to establishing that schedule. Any dealer may petition the commission at any time to approve a proposed adjustment in that schedule of transportation charges for that dealer. The burden is on the dealer to substantiate the need and reasonableness of such a proposed adjustment, and in the absence of evidence, the proposed adjustments must be denied. [PL 2005, c. 382, Pt. F, §11 (AMD).]

7. Prohibition. A person may not engage in any practice destructive of the scheduled minimum prices for milk established under this chapter for any market, including but not limited to offering any discount, rebate, gratuity, advertising allowance or combination price for milk with any other commodity. A purchaser of milk at retail may tender a coupon or any item of value if the coupon or item of value is not brand specific and is redeemable for cash by the retailer and if the total value tendered by the purchaser is not less than the minimum retail price established by the commission. [PL 2005, c. 382, Pt. F, §12 (AMD).]

8. Milk produced outside the State. Whenever milk produced outside the State becomes a subject of regulation by the State in the exercise of its police powers, this chapter applies and the powers of the commission attach. After any such milk so produced comes within the jurisdiction of this State, no sale or purchase by dealers of such milk within this State may occur at a price less than the scheduled minimum price established according to usage in any given market. [PL 2005, c. 382, Pt. F, §12 (AMD).]

9. Minimum wholesale prices paid to producers for their milk. Notwithstanding any other provisions of this chapter or chapter 611 , minimum wholesale prices paid by dealers to producers for their milk that is sold in this State are subject to the minimum producer prices established by the Maine Milk Commission, regardless of whether the dealer is subject to federal milk pricing regulation in addition to state milk pricing regulation. [PL 1999, c. 56, §1 (AMD).]

10. Additional considerations in establishing prices. [PL 2005, c. 382, Pt. F, §13 (RP).]

11. Adjustments for over-order premiums. If following the establishment of minimum prices under subsection 1 , which include an over-order premium as defined by section 3152, subsection 8‑A , the commission receives new evidence showing that the actual over-order premium in effect in the period during which the minimum prices apply, or any portion thereof, are different from the over-order premium included in the prices, the commission may adjust minimum prices in a subsequent period to offset that difference. Any such adjustment shall be made equally applicable to wholesale and retail minimum prices. [PL 1987, c. 857 (NEW).]

12. Adjustments for changes in costs of production. Notwithstanding any other provisions of this section, the commission may only adjust minimum prices to reflect changes in costs of production after posting notice of rulemaking in accordance with Title 5, section 8053 . The commission may not adjust any minimum price to reflect changes in costs of production under the emergency rule-making provisions of Title 5, section 8054 . [PL 1989, c. 436, §1 (NEW).]

13. Report to State Tax Assessor. [PL 2005, c. 382, Pt. F, §14 (AMD); PL 2005, c. 396, §3 (RP).]

14. Effective date of certain prices. Any new minimum wholesale prices paid to dealers and new minimum retail prices established pursuant to this section are effective on the Sunday closest to the first day of the month. [PL 1993, c. 274, §2 (AMD).]

15. Exception. [PL 2005, c. 382, Pt. F, §15 (RP).]

16. Initial notification and subsequent reports to State Tax Assessor. The Maine Milk Commission shall notify the State Tax Assessor the first time after May 1, 2005 that the basic price of milk as defined in Title 36, section 4901, subsection 1 is below $18 for 2 consecutive months. After initial notification, the Maine Milk Commission shall report before the first of each month to the State Tax Assessor the basic price of milk established for that month in Title 36, chapter 721 . [PL 2005, c. 396, §4 (NEW).]
7 M.R.S. § 713 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 713
7 §713. Enforcing official
Status: in_force

This subchapter shall be administered by the Commissioner of Agriculture, Conservation and Forestry hereinafter in this subchapter called the "commissioner." [PL 1971, c. 77, §1 (NEW); PL 1979, c. 731, §19 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]
7 M.R.S. § 172 — ME Code / Title 7 / Part 1 / Chapter 6-A / Section 172
7 §172. Department lead agency; powers of commissioner
Status: in_force

1. Lead agency. The department is the lead agency of the State for carrying out mosquito management activities as described in this chapter. [PL 2013, c. 548, §1 (NEW).]

2. Management methods. The commissioner may use appropriate methods for the management of mosquitoes and the prevention of their breeding in a manner consistent with section 171 , including, but not limited to, conducting or contracting for mosquito management activities and purchasing equipment necessary for the purposes of carrying out this chapter. [PL 2013, c. 548, §1 (NEW).]
7 M.R.S. § 1351 — ME Code / Title 7 / Part 3 / Chapter 203 / Section 1351
7 §1351. Breeding and raising mink
Status: in_force

Mink that have been propagated in captivity for 2 or more generations are considered domesticated animals subject to this Title. Such domesticated mink or the pelts or products thereof are considered agricultural products and the breeding, raising, producing in captivity and marketing of mink is an agricultural pursuit. Any person, firm or corporation engaged in breeding and raising mink shall comply with the permitting requirements for importation and possession of wildlife under Title 12, chapter 915, subchapter 15 . [PL 2005, c. 382, Pt. D, §3 (AMD).]
7 M.R.S. § 2982 — ME Code / Title 7 / Part 7 / Chapter 603-A / Section 2982
7 §2982. Applicability; authority
Status: in_force

Dealers shall observe this chapter only when no applicable minimum dealer price for milk established under chapter 603 is in effect. Retail stores shall observe this chapter only when no applicable minimum retail price or minimum retail margin for milk established under chapter 603 is in effect. This chapter shall be administered by the Maine Milk Commission. [PL 1983, c. 484, §2 (NEW).]
7 M.R.S. § 779 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 779
7 §779. Tonnage reporting
Status: in_force

Every person who distributes a plant or soil amendment shall file with the commissioner on or before September 1st in each year, on forms supplied by him, the number of tons of each plant or soil amendment sold in the State during the 12 months preceding July 1st of the current year. [PL 1979, c. 491, §1 (NEW).]

When more than one distributor is involved in the distribution of a plant or soil amendment product, the last registrant who distributes to a nonregistrant is responsible for reporting the tonnage. [PL 1979, c. 491, §1 (NEW).]
7 M.R.S. § 3936 — ME Code / Title 7 / Part 9 / Chapter 723 / Section 3936
7 §3936. Inspection and quarantine
Status: in_force

1. Inspection and quarantine. The commissioner, a state humane agent, a veterinarian employed by the State or a licensed veterinarian at the direction of the commissioner may, at any reasonable time, enter a facility required to be licensed under this chapter and make examinations and conduct any recognized tests for the existence of contagious or infectious diseases or conditions. If a facility required to be licensed under this chapter is also used for human habitation, the person authorized to make examinations and conduct tests must be escorted by the owner, or the owner's agent, of the facility and the examinations and tests may be made only in those portions of the premises used as a facility required to be licensed under this chapter. The commissioner may inspect a facility required to be licensed under this chapter in accordance with the sanitation and health rules established by the department and for compliance with laws and rules, including licensing and permitting requirements, of the Department of Inland Fisheries and Wildlife pertaining to wildlife importation and possession. In conducting inspections, measures established by the department through rulemaking must be used to prevent the spread of infectious and contagious diseases. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . A veterinarian employed by the State or any licensed veterinarian may quarantine a facility required to be licensed under this chapter, in person or by registered mail, and the quarantine must be maintained as long as the department determines necessary. The decision and order for this quarantine is not considered a licensing or an adjudicatory proceeding as defined by the Maine Administrative Procedure Act. The commissioner shall promptly notify the Department of Inland Fisheries and Wildlife of violations. [PL 2025, c. 414, §14 (AMD).]

2. Suspension of license. [PL 2025, c. 414, §14 (RP).]
7 M.R.S. § 3153 — ME Code / Title 7 / Part 7 / Chapter 611 / Section 3153
7 §3153. Maine Milk Pool
Status: in_force

1. Establishment. Within 180 days after September 23, 1983, the commissioner shall adopt rules establishing a fund to be known as the "Maine Milk Pool," to which all money collected from Maine dealers pursuant to subsection 2 must be credited. These funds must be redistributed to eligible Maine market producers, eligible northern Maine market producers and eligible Boston market producers according to procedures established under subsection 4 . [PL 1999, c. 161, §5 (AMD).]

2. Collections from dealers. Collections from dealers must be made as follows. A. Effective January 1, 2000, each Maine market dealer shall, on a monthly basis, calculate for its Maine market producers the amount of payment at the adjusted base minimum price that would be payable to its Maine market producers according to the price calculated using that dealer's utilization rate, referred to in this subsection as "the Maine sample payment amount," and the amount of payment that would be due its Maine market producers according to the price calculated using the applicable component prices and producer price differential for Suffolk County, Massachusetts for the northeast marketing area milk marketing order, referred to in this subsection as "the comparable Boston payment amount." Except as otherwise provided in this paragraph, in any month in which the Maine sample payment amount is more than the comparable Boston payment amount, the Maine market dealer shall pay to the Maine Milk Pool the amount of the difference. Based on the fact that northern Maine market producers 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 and because their markets are less secure, payments to the Maine Milk Pool at the adjusted base minimum price attributable to northern Maine market producers must be reduced by 1/2 and those producers' initial payments under this section must be increased by the corresponding amounts. (1) For any month in which there is only one Maine market dealer subject to this paragraph and the milk sold or otherwise distributed by that dealer during that month does not exceed 1,000,000 pounds, the additional payment due to the Maine Milk Pool must instead be made by that dealer to its Maine market producers. [PL 2005, c. 382, Pt. F, §30 (AMD).] B. For any month in which the Maine sample payment amount is less than the comparable Boston payment amount, the Maine market dealer may deduct the difference from the next month's initial payment to producers under section 2954‑A, subsection 2, paragraph A . Upon the termination of their business relationship, producers are liable to dealers for all sums advanced under this paragraph that have not been recouped by way of deduction. [PL 2005, c. 382, Pt. F, §30 (AMD).] C. For any month in which the Maine Milk Commission has established minimum prices payable to producers that include an over-order premium that the commission has determined is attributable to the activity of an eligible marketing cooperative, this paragraph applies. Each Maine market dealer shall, on a monthly basis, calculate for its Maine market producers the amount of payment from the over-order premium that would be payable to its Maine market producers according to the blend price calculated using that dealer's utilization rate. With respect to those producers who have designated an eligible marketing cooperative to receive the over-order premium, the dealer shall make the payment to the eligible marketing cooperative. With respect to those producers who have not designated an eligible marketing cooperative to receive the over-order premium, the dealer shall make the payment into the Maine Milk Pool. [PL 2005, c. 382, Pt. F, §30 (AMD).] D. For any month in which the Maine Milk Commission has established minimum prices payable to producers that include an over-order premium that the commission has determined is not attributable to the activity of an eligible marketing cooperative, the over-order premium is not pooled. [PL 2005, c. 382, Pt. F, §30 (AMD).] E. [PL 1987, c. 874, §§2, 4 (RP).] E. [PL 1989, c. 436, §6 (NEW); PL 1989, c. 878, Pt. B, §8 (RP).] F. For any month in which the Maine Milk Commission has included in Class I, Class II or Class III prices any amounts to reflect the increased costs of production pursuant to section 2954 , subsection 2, paragraph A, those amounts must be paid into the Maine Milk Pool for redistribution in accordance with subsection 4 . [PL 2005, c. 382, Pt. F, §30 (AMD).] G. [PL 2005, c. 382, Pt. F, §30 (RP).] [PL 2005, c. 382, Pt. F, §30 (AMD).]

3. Additional collections for promotion. [PL 1999, c. 161, §6 (RP).]

4. Redistribution of pool; base minimum price. The commissioner shall, by rule, adopt procedures to redistribute payments into the Maine Milk Pool under subsection 2, paragraphs A and F on an equal basis to eligible Maine market producers and eligible Boston market producers, except that: A. If any Boston market producer whose farm is located within 140 miles of Boston receives a plant price, excluding deductions or additions imposed by the northeast marketing area milk marketing order that is greater than the amount of the initial payment to Maine market producers under section 2954‑A, subsection 2, paragraph A , the commissioner shall credit that additional amount against the redistribution from the Maine Milk Pool to which that producer would otherwise be entitled in order to avoid potential inequities arising from equal redistribution; [PL 2005, c. 382, Pt. F, §31 (AMD).] B. If the credit against redistribution exceeds the pool payment due the producer, that producer shall pay into the Maine Milk Pool an amount equal to the excess or that producer's share of the cost of promotion, whichever is less. The commissioner may provide by rule that these amounts must be deducted from future pool payments made under this subsection to that producer or from pool payments due to that producer under subsection 5 , or from future payments due to that producer for milk; and [PL 2005, c. 382, Pt. F, §31 (AMD).] C. If the commissioner determines that payments from the pool will be made to dairies, cooperatives or some other entity as a representative of producers, then the dairy, cooperative or other representative shall pay to the producer the amount owed to that producer within such time period as is determined by the procedures established by rule under this subsection. [PL 2005, c. 382, Pt. F, §31 (AMD).] D. [PL 1987, c. 447, §7 (RP).] [PL 2005, c. 382, Pt. F, §31 (AMD).]

5. Redistribution of pool; over-order premium. Redistribution of payments into the pool under subsection 2, paragraph C is governed by this subsection. A. For any month in which subsection 2, paragraph C is in effect, the commissioner shall pay those Maine market producers whose over-order premium was paid into the Maine Milk Pool an initial redistribution under this paragraph. In calculating the rate of this redistribution and the timing of its payment, the commissioner shall attempt to achieve, insofar as practicable, an initial redistribution that ensures that Maine producers who are not members of eligible marketing cooperatives receive an initial redistribution equivalent to that received by Maine producers who are members of eligible marketing cooperatives. The commissioner shall consider the following factors: (1) The gross rate of redistribution used by eligible marketing cooperatives to calculate payment to their members; (2) Reasonable administrative and other charges deducted by eligible marketing cooperatives from the redistributions made to their members; (3) The timing of the redistributions made by an eligible marketing cooperative to its members; and (4) Such other factors as may be relevant to the goal of achieving, insofar as practicable, price equity among producers. [PL 2005, c. 382, Pt. F, §32 (AMD).] B. The commissioner shall redistribute the remainder of the amount paid into the Maine Milk Pool under subsection 2, paragraph C on an equal basis to eligible Maine market producers and eligible Boston market producers; except that if any Maine market producer or Boston market producer receives an additional premium other than one attributable to the activity of an eligible marketing cooperative, the commissioner shall credit that additional premium against the redistribution to which that producer would otherwise be entitled under this paragraph in order to avoid potential inequities arising from equal redistribution. [PL 2005, c. 382, Pt. F, §32 (AMD).] C. If the commissioner determines that the basis for redistribution adopted by an eligible marketing cooperative is disadvantageous to Maine producers belonging to that cooperative, that the cooperative has not made redistributions to its Maine members in a timely manner or that the administrative or other fees deducted by the cooperative from redistributions to its members are excessive, unjust or unreasonable, the commissioner may commence proceedings to revoke the eligible status of the cooperative pursuant to section 3155‑B . [PL 2005, c. 382, Pt. F, §32 (AMD).] C-1. [PL 1987, c. 874, §§3, 4 (RP).] D. The commissioner shall, by rule, adopt such procedures as are necessary to implement this subsection. If the commissioner determines that payments from the pool will be made to dairies, cooperatives or some other entity as a representative of producers, then the dairy, cooperative or other representative shall pay to the producer the amount owed to that producer within such time period as is determined by the procedures established by rule under this subsection. [PL 1987, c. 447, §8 (NEW).] [PL 2005, c. 382, Pt. F, §32 (AMD).]

6. Rules. The commissioner shall adopt by routine technical rule such procedures as are necessary to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 382, Pt. F, §33 (NEW).]
7 M.R.S. § 2907 — ME Code / Title 7 / Part 7 / Chapter 601 / Section 2907
7 §2907. Jurisdiction
Status: in_force

The District Court and the Superior Court have concurrent jurisdiction in cases arising under sections 2901‑A to 2903‑B . [PL 2005, c. 270, §6 (AMD).]
7 M.R.S. § 1309 — ME Code / Title 7 / Part 3 / Chapter 201 / Section 1309
7 §1309. Maine cattle health assurance program
Status: in_force

The commissioner shall develop a Maine cattle health assurance program to ensure the highest quality of products by encouraging all livestock producers in this State to use best management practices. The department shall develop a farm assessment plan that provides for on-site evaluations of farms to assess and suggest ways to improve the health of herds, protect the health and safety of herds from disease and protect farms from environmental liability. [PL 2003, c. 386, §2 (NEW).]

The commissioner in consultation with the University of Maine Cooperative Extension, state and federal veterinarians and livestock producers in this State shall adopt rules for the administration of this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 386, §2 (NEW).]
7 M.R.S. § 4151 — ME Code / Title 7 / Part 9 / Chapter 745 / Section 4151
7 §4151. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 589, §1 (NEW).]

1. Animal. "Animal" means a dog, wholly of the species canis familiaris, or a cat, wholly or in part of the species felis domesticus. [PL 2011, c. 100, §14 (AMD).]

1-A. Animal rescue entity. "Animal rescue entity" means a nonprofit organization having tax-exempt status under the United States Internal Revenue Code, Section 501(c)(3) whose mission and practice is, in whole or in significant part, the rescue and placement into permanent homes of animals and that does not breed animals. [PL 2019, c. 544, §4 (NEW).]

2. Breeder. "Breeder" means a person, firm, partnership, corporation or association that breeds animals for direct or indirect sale to the public. [PL 1995, c. 589, §1 (NEW).]

3. Health problem. "Health problem" means any disease, illness or any congenital or hereditary condition that would impair the health or function of an animal. [PL 1995, c. 589, §1 (NEW).]

3-A. Offer for sale. "Offer for sale" means to sell, offer to transfer, offer for adoption, advertise for sale, barter, auction, give away or otherwise dispose of an animal. [PL 2019, c. 544, §5 (NEW).]

4. Pet dealer. [PL 2007, c. 702, §21 (RP).]

4-A. Seller. "Seller" means the owner or operator of a breeding kennel as defined in section 3907, subsection 8‑A or the owner or operator of a grandfathered pet shop. "Seller" includes animal dealers required to be licensed by the United States Department of Agriculture. "Seller" does not include humane societies, nonprofit organizations performing the functions of humane societies or animal shelters licensed in accordance with section 3932‑A . For purposes of this section, "grandfathered pet shop" has the same meaning as in section 3933 . [PL 2019, c. 544, §6 (AMD).]

5. Veterinarian. "Veterinarian" means a person licensed as a veterinarian in any state. [PL 1995, c. 589, §1 (NEW).]
7 M.R.S. § 3971 — ME Code / Title 7 / Part 9 / Chapter 731 / Section 3971
7 §3971. Vivisection prohibited in public and private schools
Status: in_force

1. Use of animals in schools. No live vertebrate, except eggs, may be used in kindergarten and grades one to 12 of any public or private school as part of a scientific experiment or for any other purpose in which the animal is experimentally medicated or drugged in a manner to cause painful reactions or to induce painful or lethal pathological conditions, or in which the animal is injured through any other type of treatment, experiment or procedure, including, but not limited to, anesthetization or electric shock or where the normal health of the animal is interfered with or where pain or distress is caused. No person may, in the presence of any student in kindergarten and grades one to 12, practice vivisection or exhibit a vivisected animal. Dissection of dead animals or any portions of dead animals in schools shall be confined to the classroom and to the presence of students engaged in the study of dissection and shall not be for the purpose of exhibition. This subsection shall also apply to any activity associated with or sponsored by the school system. [PL 1987, c. 383, §3 (NEW).]

2. Treatment of animals in general. Live animals used as class pets or for purposes not prohibited in subsection 1 shall be housed and cared for in a safe and humane manner. The animals shall not remain in school over periods when school is not in session, unless adequate care is provided at all times. [PL 1987, c. 383, §3 (NEW).]

3. Standards of treatment. Any animal whose use is permitted under this section shall be treated in accordance with the ethical and humane standards promulgated by the commissioner pursuant to the rule-making provisions of the Maine Administrative Procedure Act, Title 5, chapter 375 , after consultation with representative groups in the State having an interest or expertise in the field of animal welfare, biology and education. [PL 1987, c. 383, §3 (NEW); PL 1993, c. 468, §25 (AMD).]

4. Enforcement. The commissioner shall enforce this section in consultation with the Commissioner of Education. [PL 1989, c. 700, Pt. A, §34 (AMD); PL 1993, c. 468, §25 (AMD).]

5. Penalty for violations. Any person who violates this section shall be punished by a fine of not more than $75. [PL 1987, c. 383, §3 (NEW).]
7 M.R.S. § 3906-B — ME Code / Title 7 / Part 9 / Chapter 717 / Section 3906-B
7 §3906-B. Powers and duties of commissioner
Status: in_force

The commissioner has the powers and duties set forth in this section. [PL 1991, c. 779, §9 (NEW).]

1. Dog licensing laws. The commissioner shall carry out the dog licensing laws and furnish to municipalities all license blanks, stickers and tags. [PL 1997, c. 690, §1 (AMD).]

2. Animal Welfare Fund. The commissioner shall deposit all license fees received pursuant to chapters 721 , 723 , 725 and 735 in a separate account established by the Treasurer of State and known as the Animal Welfare Fund. The commissioner shall deposit 80% of the feed registration fees collected under section 714, subsection 1 and any revenue from the surcharge collected as specified in section 714, subsection 4 in the Animal Welfare Fund. This account does not lapse, but continues from year to year. The commissioner shall pay from the Animal Welfare Fund the expense of furnishing license blanks, stickers and tags, travel expenses and salaries for necessary personnel, payments to animal shelters and expenses incurred in the administration of this Part. [PL 2023, c. 3, Pt. K, §1 (AMD).]

3. Dog recorders. The commissioner shall appoint dog recorders in unorganized territories and establish fees for services rendered. [PL 1991, c. 779, §9 (NEW).]

4. Training and certification of animal control officers. The commissioner shall develop both a basic and advanced program to train animal control officers. The basic program must include training in investigation of complaints of cruelty to animals, training in response to calls concerning animals suspected of having rabies and training in enforcement of dog licensing laws and rabies immunization laws. The advanced training must include, but is not limited to, training in animal cruelty with respect to hoarders of animals, animal cruelty with respect to domestic violence, new laws, case reviews and report writing. The commissioner shall certify all animal control officers who complete the training programs. [PL 2007, c. 439, §1 (AMD).]

5. Cruelty to animals. [PL 1995, c. 502, Pt. C, §10 (RP).]

6. Inspections. The commissioner shall inspect licensed facilities as provided in chapters 723 and 735 . [PL 1997, c. 690, §3 (AMD).]

7. Payment of fees. The commissioner may authorize payments to providers of special services to animals when the commissioner determines those services are in the public interest. [PL 1991, c. 779, §9 (NEW).]

8. Copies of law. The commissioner shall seasonably forward to the clerks of municipalities copies of this Part. [PL 1991, c. 779, §9 (NEW).]

9. Employees. The commissioner, in consultation with the Animal Welfare Advisory Committee, shall employ, subject to the Civil Service Law, necessary employees to assist in enforcing this Part and in carrying out the commissioner's duties and responsibilities. The commissioner shall conduct a background check of a potential employee. The commissioner may not hire as a state humane agent a person who has been convicted of murder, a Class A or Class B offense, a violation under Title 17‑A, chapter 9 , 11 , 12 or 13 , a violation of Title 19‑A, former section 4011 or Title 19‑A, section 4113 or a criminal violation under Title 17, chapter 42 or a person who has been adjudicated of a civil violation for cruelty to animals under chapter 739 or who has been convicted or adjudicated in any other state, provincial or federal court of a violation similar to those specified in this subsection. [PL 2021, c. 647, Pt. B, §2 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]

9-A. Humane agents. The commissioner shall assign a humane agent to each of the following areas of specialization: A. Blood sports; [PL 2003, c. 405, §2 (NEW).] B. Exotic animals; [PL 2003, c. 405, §2 (NEW).] C. Large animals; [PL 2003, c. 405, §2 (NEW).] D. Mental health and domestic violence; [PL 2003, c. 405, §2 (NEW).] E. Small animals; and [PL 2003, c. 405, §2 (NEW).] F. Training. [PL 2003, c. 536, §1 (AMD).] [PL 2003, c. 536, §1 (AMD).]

10. Rules. Pursuant to Title 5, chapter 375 , the commissioner shall adopt, amend and repeal rules, including emergency rules, necessary for the proper administration, implementation, enforcement and interpretation of any provision of law that the commissioner is charged with administering. [PL 1991, c. 779, §9 (NEW).]

11. Cruelty to animals. The commissioner, in cooperation with animal control officers, shall investigate complaints of cruelty to animals and enforce cruelty-to-animal laws in accordance with chapter 739 and Title 17, chapter 42 . The Attorney General and the district attorneys shall assist the commissioner with the commissioner's enforcement responsibilities. [PL 1995, c. 502, Pt. C, §12 (NEW).]

12. Intermittent agents. [PL 2021, c. 99, §1 (RP).]

12-A. Right to call and designate assistance. The commissioner may employ a person considered necessary to assist in a response to a natural or man-made disaster affecting animals. A person called and employed for assistance shall proceed to help resolve the natural or man-made disaster as directed by the commissioner or the commissioner's designee. A. A person considered necessary to assist in a response must receive compensation for services at the prevailing rate in the State, except that animal control officers, veterinarians, animal shelter staff or other groups used outside the State may receive pay at their usual rates. Equipment may be provided by individuals or groups during a response. Equipment used in a response must, upon application, be compensated for at an amount fixed by the state in which the response occurred. A person responding under this subsection may be provided with subsistence pay during the response. [PL 2021, c. 99, §2 (NEW).] B. The commissioner or the commissioner's designee shall promptly prepare a report of the commissioner's or the designee's investigation of the response detailing the cause of the natural or man-made disaster and recommendations for future prevention and response. The commissioner or the commissioner's designee shall prepare and include in the report a detailed statement of expenses incurred immediately after the natural or man-made disaster on forms provided by the department. All requests for reimbursement must be presented to the commissioner or the commissioner's designee within 60 days after demobilization or become void. The commissioner or the commissioner's designee may extend the time as long as a preliminary report has been made. The commissioner or the commissioner's designee shall examine all invoices presented to the State for reimbursement or direct payment. After items not qualifying for reimbursement have been deducted, the commissioner or the commissioner's designee shall approve the remaining items for payment. [PL 2021, c. 99, §2 (NEW).] [PL 2021, c. 99, §2 (NEW).]

13. Spaying and neutering fund. [PL 2003, c. 682, §1 (RP).]

14. Information. The commissioner may obtain, develop or disseminate any information useful or convenient for carrying out any purpose or power of the commissioner. [PL 1995, c. 502, Pt. C, §12 (NEW).]

15. Annual report. The commissioner shall report the activities of the commissioner annually by March 1st to the joint standing committee of the Legislature having jurisdiction over agricultural matters and the joint standing committee of the Legislature having jurisdiction over taxation matters. This report must include a summary of cases of cruelty to animals investigated by the commissioner, a summary of final dispositions of those cases and, with respect to companion animals, a report of the number of animal shelter intakes, the number of sterilizations and the number of euthanizations and an account of deposits into and payments from the Companion Animal Sterilization Fund established in section 3910‑B . [PL 2003, c. 682, §2 (AMD).]

16. Animal welfare auxiliary fund. The commissioner may accept gifts, donations, bequests, endowments, grants and matching funds from any private or public source for the purposes of ensuring the humane and proper treatment of animals and enhancing the administration and enforcement of this Part and Title 17, chapter 42 . The commissioner shall deposit all funds accepted for these purposes and all proceeds from sales authorized under subsection 17 into a separate, nonlapsing account known as the animal welfare auxiliary fund. All gifts, donations, bequests, endowments, grants, proceeds and matching funds received must be used for the benefit of and accomplishment of the objectives in this Part and Title 17, chapter 42 and any gift, donation, bequest, endowment, grant or matching funds accepted with a stipulated purpose may be used only for that purpose. All money deposited in the animal welfare auxiliary fund in accordance with section 1820‑A, subsection 4 must be used for investigating alleged cases of mistreatment or abuse of equines and enhancing enforcement of this Part and Title 17, chapter 42 as these laws pertain to equines and for costs associated with department laboratory services needed to control or eradicate diseases affecting equines. [PL 2019, c. 343, Pt. T, §2 (AMD).]

17. Fund-raising. The commissioner may engage in the marketing and selling of general merchandise products to generate supplemental funds, which must be deposited in the animal welfare auxiliary fund established under subsection 16 . [PL 2009, c. 548, §2 (NEW).]

18. Training of person appointed by commissioner to vaccinate animals. The commissioner, in consultation with veterinarians employed by the State, shall develop a program to train a person appointed by the commissioner as provided under section 3920 to vaccinate animals. The program must include, but is not limited to, training relating to properly storing and administering rabies vaccines; issuing rabies certificates; and providing information to an owner or keeper of an animal to be vaccinated. The commissioner shall certify a person who satisfactorily completes the training program. [PL 2025, c. 141, §2 (NEW).]
7 M.R.S. § 211 — ME Code / Title 7 / Part 1 / Chapter 8-A / Section 211
7 §211. Statement of policy
Status: in_force

It is the policy of the State to encourage the procurement of Maine foods and food products by state institutions to increase the viability of Maine farms and food businesses, thus making a positive contribution to the State's economy and enhancing food self-sufficiency for the State. [PL 2019, c. 677, §1 (AMD).]
7 M.R.S. § 3919 — ME Code / Title 7 / Part 9 / Chapter 720 / Section 3919
7 §3919. Seizure of stray cats and small animals
Status: in_force

1. Definition. For the purposes of this chapter, a "stray cat" means a cat on the premises of a person other than the owner of the cat, without the consent of the owner or occupant of the premises, on a public street or on other public property, except under the physical control of the owner. [PL 2001, c. 363, §3 (NEW).]

2. Seizure by animal control officer. An animal control officer or person acting in that capacity may seize or humanely trap a stray cat or small animal and deliver it to an animal shelter as provided for in section 3919‑A or section 3919‑E or to the owner, if the owner is known. If ownership can not be established, such a cat or small animal may be handled as a homeless cat or small animal for the purpose of acceptance and disposition by an animal shelter. [PL 2013, c. 115, §7 (AMD).]

3. Person finding stray cat. A person finding a stray cat or small animal and not knowing the owner or residence of the cat or small animal may take that cat or small animal to the animal shelter designated by the municipality in which the cat or small animal was found. [PL 2013, c. 115, §7 (AMD).]
7 M.R.S. § 448 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 448
7 §448. Quality assurance
Status: in_force

The commissioner shall, in conjunction with the Maine Agricultural Experiment Station, the Cooperative Extension Service and other public or private agencies, maintain a program of quality assurance by the diligent enforcement of all provisions of this Part which pertain to grading, labeling, licensing and advertising of agricultural products, and by providing direct and indirect assistance to the industry in the adoption of those new technologies and methods of production which will improve the quality of Maine agricultural products. [PL 1983, c. 563, §4 (NEW).]
7 M.R.S. § 1808 — ME Code / Title 7 / Part 4 / Chapter 305 / Section 1808
7 §1808. Sale, distribution and use of certain biologics
Status: in_force

A biological product capable of eliciting an immunological response offered for use in the treatment or prevention of diseases of domestic animals may not be produced, sold, distributed, imported or used within the State, or imported into the State for sale, distribution or use unless approval and written permission has first been obtained from the commissioner. The commissioner has the right to refuse permission for distribution, sale, importation or use of any such product within the State, and may require reporting of sale, distribution, importation or use of any such product within the State, if permission is granted. [PL 2001, c. 572, §37 (AMD).]

An antigen used for diagnostic purposes in domestic animals may not be produced in or shipped into the State without the approval of the commissioner. [PL 2001, c. 572, §37 (AMD).]

A person except a licensed veterinarian may not offer for sale or distribution, within the State, any biological product containing living organisms or viruses offered for use in the treatment or prevention of diseases of domestic animals, without first obtaining a permit to act as a salesperson or distributor from the department. [PL 2001, c. 572, §37 (AMD).]

The commissioner shall, in a manner consistent with the Maine Administrative Procedure Act, adopt rules as to refrigeration, handling, shipping, disposing of outdated material and sale of such products. [PL 2001, c. 572, §37 (AMD).]

Failure to comply with this section or section 1807 , or the rules adopted pursuant thereto, is grounds for revocation of any permit granted pursuant to these sections. [PL 2003, c. 510, Pt. A, §4 (AMD).]
7 M.R.S. § 8 — ME Code / Title 7 / Part 1 / Chapter 1 / Section 8
7 §8. Horticultural and dairy work
Status: in_force

The commissioner shall aid and assist societies and associations organized and established for the advancement of pomology, horticulture and dairy work, and societies devoted to the interests of the pure breeding of stock of all kinds.
7 M.R.S. § 4 — ME Code / Title 7 / Part 1 / Chapter 1 / Section 4
7 §4. Rules of construction
Status: in_force

The word "person" as used in this Title must be construed to import both the singular and the plural, as the case demands, and includes corporations, companies, societies and associations. When construing and enforcing this Title, the act, omission or failure of any officer, agent or other person acting for or empowered by any corporation, company, society or association within the scope of the officer's, agent's or other person's employment or office, must in every case be deemed to be the act, omission or failure of such corporation, company, society or association as well as that of the person. [RR 2021, c. 1, Pt. B, §53 (COR).]
7 M.R.S. § 775 — ME Code / Title 7 / Part 2 / Chapter 103 / Section 775
7 §775. Title
Status: in_force

This Act shall be known as the "Maine Plant and Soil Amendment Act." [PL 1979, c. 491, §1 (NEW).]
7 M.R.S. § 217 — ME Code / Title 7 / Part 1 / Chapter 8-A / Section 217
7 §217. Hunters for the Hungry Program; acceptance of donations
Status: in_force

The department and those recipient agencies participating in the department's food assistance distribution programs may accept wild game meat from persons participating in the Hunters for the Hungry Program established under Title 12, section 10108 . The department may facilitate the acceptance of that meat by its recipient agencies through coordination with the Department of Inland Fisheries and Wildlife and may undertake educational and promotional efforts on behalf of the program. [PL 2005, c. 614, §4 (NEW).]
7 M.R.S. § 490 — ME Code / Title 7 / Part 2 / Chapter 101 / Section 490
7 §490. Sampling and analysis of seed, commercial feed, commercial fertilizer and food
Status: in_force

1. Right of entry. For the purposes of administering and enforcing this subchapter, the commissioner and agents authorized by the commissioner have rights of access, ingress and egress at reasonable hours to any place or building where seeds, commercial feed, commercial fertilizer or food is sold or offered for sale or where those items are stored, manufactured or transported prior to sale or being offered for sale. [PL 2005, c. 512, §25 (NEW).]

2. Taking of samples. For the purposes of administering and enforcing this subchapter, the commissioner and agents authorized by the commissioner may open any case, package or other container of seeds, commercial feed, commercial fertilizer or food. Upon receipt of a written request for payment, the commissioner shall pay the fair market value of any samples taken and retained or destroyed. [PL 2005, c. 512, §25 (NEW).]

3. Analysis and disclosure of test results. The commissioner may submit a sample obtained for the purposes of enforcing this subchapter to a public or private laboratory for analysis. The commissioner shall make available to the public the results of such an analysis, including the name of the person from whom the sample was obtained, the name of the manufacturer of the sample and additional information that the commissioner believes is advisable. [PL 2005, c. 512, §25 (NEW).]

4. Issuance of certificate. A certificate stating the results of an analysis performed in accordance with this section and signed by the director of the laboratory performing the analysis is presumptive evidence of the facts stated in the certificate. [PL 2005, c. 512, §25 (NEW).]