An Act To Make Revisions to the Maine Revised Statutes Relating to Agriculture
Maine Legislature, Session 122, LD 1720
Committee: Agriculture, Conservation and Forestry
Amends: 7 MRSA §14, 7 MRSA §122, 7 MRSA §195, 7 MRSA §401-A, 7 MRSA §415, 7 MRSA §424, 7 MRSA §426, 7 MRSA §443-A, 7 MRSA §452, 7 MRSA §453, 7 MRSA §454, 7 MRSA §458, 7 MRSA §459, 7 MRSA §481, 7 MRSA §482, 7 MRSA §483, 7 MRSA §484, 7 MRSA §485, 7 MRSA §486, 7 MRSA §487, 7 MRSA §489, 7 MRSA §490, 7 MRSA §528, 7 MRSA §631-A, 7 MRSA §633, 7 MRSA §635-A, 7 MRSA §636, 7 MRSA §637, 7 MRSA §638, 7 MRSA §712, 7 MRSA §714, 7 MRSA §720, 7 MRSA §724, 7 MRSA §745, 10 MRSA §1661-B

Legislative Document 
No. 1720 
H.P. 1227 
House of Representatives, December 20,2005 
An Act To Make Revisions to the Maine Revised Statutes Relating 
to Agriculture 
Reported by Representative PIOTTI of Unity for the Department of Agriculture, Food and 
Rural Resources pursuant to Public Law 2005, chapter 382, Part G. 
Received by the Clerk of the House on December 14,2005. Referred to the Committee on 
Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 218. 
Pnnteu lll) rt'(,;ydeJ parer 
'77/~ /J7.17ldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §14, as amended by PL 1983, c. 308, §§5 and 
14, is repealed. 
Sec. 2. 7 MRSA §122. first 11. as amended by PL 1997, c. 711, 
§4, is further amended to read: 
The 
Maine 
Agricultural 
Experiment 
Station shall 
conduct 
scientific investigations in orcharding, 
corn and other 
farm 
crops 
and, 
to this end, 
shall maintain the 
farms 
ae~ete~e~e 
purchased in the name of the State, and stocked and equipped for 
the use and benefit of the station. 
The Director of the Maine 
Agricultural Experiment Station, with the agreement of the Board 
of 
Agriculture, 
has 
the 
general 
supervision, 
management 
and 
control of those farms and of all investigations thereon. 
The 
board and the director shall seek agreement on all issues. 
In 
the event that agreement can not be reached, 
final authority 
rests with the director. 
Sec. 3. 7 MRSA §195. first 11. as amended by PL 1985, c. 779, 
§29, is further amended to read: 
±t-~haJJ-~~~~~~-~f-tae A county extension associationr 
shall 
annuallYr-~-~~~~~--te present to the University of 
Maine and the county commissioners its plan of extension work for 
the ensuing year and 
te--~&d&~-~~-be~h--tae-~~~~-B~--tRe 
Ynive~sity-e~-~~~-~-eeaRty-€effiffiissiene~s a full detailed 
report of its extension activities for the preceding fiscal yea~, 
including a detailed report of its receipts and expenditures from 
all sources. 
The financial report of saeR 
.Q 
county extension 
association SRa;!,;!, must be on Sbl6R forms as--may--ee prescribed by 
the University of Maine and the county commissioners. 
Sec. 4. 7 MRSA §401-A. first 11. as enacted by PL 1983, c. 563, 
§l, is amended to read: 
The Legislature finds that the marketing of agricultural 
commodi ties produced in the State is crucial to the maintenance 
and expansion of the agr icul tural industry, to the preservation 
of rural life in the State and to the economic well-being of 
a~l 
of the state~s State's people. ±Re-~€~~£~a~~~~~~~--f~ad&-tRat 
eve~-~he-y€a~£7-~~~~~~~~-&e&&-iRaee~aately-aaa~essea 
ana-£em€-~-~~~a}G~-a~FieblltblFal-€Bmme~~~~€~-~-~~-~ta~-Rave 
lest-~bla~~aR~iaJ-ma~~€~-~~~~~~it~r~~-~&-aeeitieRr-tReFe 
is--a--~-~--F€~~~R€R~--ffiaF*et--~&~Fffiat~&-~~-~~--~R--tRe 
aevelepffient-B~-~~~~t~&-te-ma~~~~€-~~i~-~-&&t~~&~t~&-te 
tae--&~~~-~~~~~~~--eeeneffiYT There exists 
a 
need £eF--a 
eeffip~eaensive-~~~~~-~~~-appli6aale--~-~~--a~~ieHltHFal 
pFeaaetsT--Suoh--a--p-r-ogr-am--will to provide the necessary market 
Page l-LR3052(1) 
information to enable Maine farmers to make wise short-term and 
long-term production decisions; to establish standards for proper 
storage, packing and grading of agricultural products; and to 
create adequate enforceable programs for quality assurance as 
well 
as 
for 
the 
effective 
coordination 
of 
promotion 
and 
advertising 
efforts. 
In 
order 
to 
ensure 
that 
these 
responsibilities 
are 
fulfilled, 
the 
Legislature 
finds 
it 
necessary to provide state assistance to agricultural marketing 
and promotion. 
Sec. 5. 7 MRSA §415, sub-§2, 1[B, as enacted by PL 1993, c. 
138, §1, is amended to read: 
B. 
A person may not sell farm and food products at a market 
labeled "farmers' market" unless at least 75'\, of the product 
offered by that person was grown or processed by that person 
or under that person's direction. 
A product not grown or 
processed by that person must have been grown or processed 
by and purchased directly from another farmer. 
Sec. 6. 7 MRSA §415. sub-§5 is enacted to read: 
5. 
Enforcement; prima facie evidence. 
The commissioper or 
an agent of the commissioner may request proof of the origin of a 
product for the purpose of enforcing this section. 
Failure to 
provide written documentation or other 
reasonable proof 
upon 
request as to the origin of the products offered for sale at a 
farmers' 
market is prima facie evidence that a 
person is in 
violation of this section. 
Sec. 7. 7 MRSA §424. sub-§3. as enacted by PL 1981, c. 154, 
§l, is amended to read: 
3. 
Enforcement. 
The 
commissioner 
may 
institute 
SQea 
investigations, 
hold 
SHea 
hearings, 
require 
SHea 
reports, 
subpoena SHea records and persons and take SQeR other actions as 
ae 
that 
the 
commissioner 
finds 
necessary 
to 
implement 
this 
subchapter. The commissioner may institute such action a~-Jaw-e~ 
ia-e~Hi~y as may appear necessary to enforce compliance with any 
provision of this subchapterr or any rule, market agreement or 
orderr committed to ais the commissioner's administration under 
this subchapter. 
In addition to 
any other remedy under this 
subchapter or otherwise, the commissioner may apply for relief by 
injunction to protect the public interest without being compelled 
to allege or prove that an adequate remedy at law does not exist 
and without being compelled to post bond. 
Sec. 8. 7 MRSA §426. sub-§5, as enacted by PL 1981, c. 154, 
§l, is repealed and the following enacted in its place: 
5. 
Prohibition on sale; mi)lldatory 
ins~ction. 
Provisions 
prohibiting a producer of an agricultural commodity to which a 
market order or market agreement applies from selling, Offering 
for sale or delivering a commodity not meeting and complying with 
standards established pursuant to subsection 4. 
A provision for 
mandatory inspection under a market order must be indicated in 
the market order and specifically included in the 
referendum 
proposal under section 425, subsection 2: 
Sec. 9. 7 MRSA §443-A, sub-§3, as enacted by PL 1995, c. 294, 
§1, is repealed. 
Sec. to. 7 MRSA §443-A, sub-§5 is enacted to read: 
5. 
Enforceme~rima facie evidence. 
The commissioner or 
an agent of the commissioner may reguest proof of the origin of 
farm produce for the purpose of enforcing this section. 
Failure 
to provide written documentation or other reasonable proof upon 
reguest as to the origin of the produce offered for sale is prima 
facie evidence that a person is in violation of this section. 
Sec. 11. 7 MRSA §452, sub-§7, as enacted by PL 1981, c. 13 9, 
is amended to read: 
7. 
Licensed commodities. "Licensed commodities" means dry 
beans and other vegetables listed in rules established pursuant 
to section 453, but does not mean potatoesL 
which are governed by 
chapter 103, subchapter X 10, article 3. 
Sec. 12. 7 MRSA §453. first 1[, as enacted by PL 1981, c. 139, 
is amended to read: 
The commissioner may, in a manner consistent with tBe-Maiae 
AEl.Rliai6tiCatiye-..f!..r~-e--AetT Title 5, chapter 3751-
adopt rules 
for carrying out this subchapter and establishing a 
list of 
commodities for which a person must have a license under section 
to act as an agent, broker, dealer or processor. 
Sec. 13. 7 MRSA §454. as enacted by PL 1981, 
c. 
139, is 
amended to read: 
§454. Licensing required 
We 
A person 
may 
not 
act 
as 
agent, 
broker, 
dealer 
or 
processor unless duly licensed as provided in this subchapter. 
EveFy-~eiC6eaT-aeEeFe 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 sBall must be 
accompanied by the license fee provided in this subchapter. 
We A person may not buy, solicitor negotiate the sale of 
any licensed commodity in this State as a representative of any 
agent, broker, dealer or processor unless the-£ep£esentative that 
person has been se authorized as a representative by a licensee 
in writing, and a copy of the authorization is filed with the 
commissioner, 
except 
whe!'e 
when 
the 
!'ep!'esentative 
person 
conducts business in the office of the licensee. The-eemmissiene!' 
sha±±-ae-Re~i~ieQ-~R-~~~~~~~~-~~~-Hm~ia~~y-~peR-the 
te!'minatien---<r~--t-be--alithe!'i15atienT A licensee shall notify the 
commissioner 
in 
writing 
immediately 
upon 
terminating 
the 
authorization 
for 
a 
person 
to 
act 
as 
that 
licensee's 
representative. 
Sec. 14. 7 MRSA §458. sub-§3, as enacted by PL 1981, c. 139, 
is amended to read: 
3. 
Retailers. Any--p9Fsen 
A retailer who 
sells licensed 
commodities to consumers shall-ae is exempt from this subchapter 
with respect to those sales. 
Sec. 15. 7 MRSA §459, first" as enac ted by PL 1981, c. 13 9 , 
is amended to read: 
If any £ licensee fails to make slieh payment as provided in 
section 457, subsection 1, paragraph B, that licenseer by reason 
of the nonpayment is in default as to all producers or licensees 
whose accounts then remain unpaid and the bond provided for shall 
ITlUSt be forfeited to the extent of all sums then due from the 
licensee to the producers or licensees. Whenever the commissioner 
determines that a licensee has failed to make payment, he the 
commissioner shall provide notice, in a manner consistent with 
the 
HI.±e-makinEJ-·p·H)-V~-s-i~--<r~-the Maine Administrative Procedure 
Act, 
p!'eViG9-Re~iee that payment under the bond will be sought 
and indicating the time wi thin which other producer or licensee 
claims 
may 
be 
made 
known 
to 
him 
the 
commissioner. 
Upon 
determination of the commissioner that there has been a default 
in payment by a licensee, the conditions of the bond sha±±-ae are 
deemed to be broken and the commissioner may bring action on the 
defaulted 
bond 
for 
the 
benefit 
of 
producers 
or 
licensees. 
Whenever the amount of the bond is not sufficient to cover all 
valid 
claims, 
the 
commissioner 
shall 
distribute 
the 
amount 
available on a pro rata basis. 
Sec. 16. 7 MRSA §481 is repealed. 
Sec. 17. 7 MRSA §482, first, is amended to read: 
We 
A person shal± 
transport, 
offer 
or 
ffi9Y--not manufacture, 
expose 
for 
sale, 
sell, distribute, 
distribution 
or 
transportation 
any 
article 
commercial 
fertilizerT-Q~H~ or 
misbranded within the meaning 
103. 
of 
commercial 
feeding 
stuff, 
food wRieR that is adulterated or 
of this '±it:le chapter or chapter 
Sec. 18. 7 MRSA §483 is amended to read: 
§483. Adulteration 
For the purpose of this '±it:le-aR-~~~~~€-~~-~~-~e 
ge--a~-I:l.,l_te~a_teel chapter and chapter 103, unless the term is more 
specifically defined, "adulterated" means made impure or inferior 
by adding extraneous ingredients+~ 
AT--If7-wReR--a-~~~~~1~~-~~~-&-aame-Feee~BizeQ-iB 
t:Re-~1t~-S_ta_te6-~~~-~--aa~i~aab-~~~~~--it: 
Qi~~eFS-~~~~~~~~~-ef-6_t~eB~-tR7-~~~~-~--¥~Fi~y-as 
laiel-~-J£--~Re-~1t~-S_ta_te6--~&aFffi~pG&i&-~--Ba~ieBal 
~eFffiHlaFy-effi€ial--a-t-~~~~~~--k&V&&~~~~r~F-a&-~iHeel 
9Y-~~-~ffiffii&&i~aeFr-~~F~-Qe~JReQ--k&--tRe-~1t~-St:at:es 
pRaFffiaeepeeiaT----tRe---~~~---~~~~~--~F---9y---saiel 
eeffiffiissieBeF-~~~-~--QeeffieQ-~~-Be-~~b~Fa~-~--t:Re 
pFevisieB-J~-~~~~~-ef-6-t£eB~-tR7-~~~~-~--¥~Fi~y-ge 
plaiBly---s~at:eelT---se---as---t:e---ge---HBeleFs~eeel---9y---t:Re 
BeBpFe~essieBal--~e~6eR7--~--~~-~~~r--~~--eF--et:ReF 
eeBt:aiBeF--~~~r-~~~--tRe--&~aaGaFG-~-~J~~~--~Feffi 
~Rat:-.,l-aJ~-~-ia-~Re-lj£J_teQ-~~~-¥&aFffi~pG&iar-Bat:ieBa± 
~eFffi~laFy-eF-t:Rat:-~iHeel-9y-saiel-eeffiffiissieBeFf-
QT--~~-i-t6--&~Fe~~-~~--~~Fi~y-~~~~~-fFeffi-~~-pFe~esseel 
s~aBelaFel-eF-~~ali~y-~BeleF-wRieR-it:-is-selelT 
2. 
Meat or meat products. In case of meat or meat product.s: 
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. 
Sec. 19. 7 MRSA §484 is amended to read: 
§484. 
Misbranding 
The term "misbranded" as used in this '±it:le--sha-l-l--al"ply 
chapter or chapter 103 applies to all articles of commercial 
feeding stuff, commercial 
fertilizerT-Q~H~ or food, the package 
or label of which sRall--geaF bears any statement, 
design or 
device regarding such article, or the ingredients or substances 
contained therein, wRieH-sRall-ae ~ha~ false or misleading in 
any 
particularT 
or 
wBieB 
that 
is 
falsely 
branded 
in 
any 
particular. 
~eF-~£€-~~~~-~a~&-±i~±e-aR-~~~~~~~l~~~-Geeffi&G-~e 
.ge-miS.9FaREieEi+-
AT--~~-~~-9&-aR-J~~a~J~£-~~~-eEEeFeEi-~~-~~-~~~-the 
Rame-eE-aRe~BeF-aFtie±eT-
aT--~-~£€--~a~a~&-~--tBe-~-a5-~~~~aa~~Y-~--HP 
sBa±±-~-B€€R--~~r-~~-wBe±e-~--JR--~a~~r-~-etheF 
eeRteRts-~~~-~-.geeR-~~~-~-SHeh-~~~-~-eHeept 
iR-~~-ease-~--a-pRy5J£Ja£~5-~~~~~-£empe~RQeQ-~-a 
pBysieiaR-~--a-~e~i6~e~eEi-~~~,--i'-~£~~-Eai±s 
Ee--.geaF--a--SEaEemeRE--eR--EBe--±a.ge±--ei--Ehe--~HaRtity--eF 
pFepeFtieR-ef-a£Y-~~,-~~~r~~r-e&eaiaer-heFeiRT 
a±pBa-~-~~-eHeaiRer-€£Je~efe~m7-~~-~~r-eB±eFa± 
ByEiFaEe-e~-a£€~a£JJJ~€7-~-~~~~~~~-aay-pFepaFatieR 
e~-aRy-sHeB-SH.9S~aRees-eeREaiReEi-tBeFeiRT 
Sec. 20. 7 MRSA §485. as amended by PL 1975, c. 382, §1, is 
repealed. 
Sec. 21. 7 MRSA §486. as amended by PL 1979, c. 672, Pt. A, 
§18, is repealed. 
Sec. 22. 7 MRSA §487 is repealed. 
Sec. 23. 7 MRS A §488-A. sub-H, as enacted by PL 2003, c. 452, 
Pt. B, §3 and affected by Pt. X, §2, is amended to read: 
1. 
Violation. 
A person may not adulterate or misbrand, 
wi thin the meaning of this ±iE±e chapter or chapter 103, 
any 
commercial feeding stuff, commercial fertilizer, 
EiFH~T food or 
vinegar or manufacture, 
sell, distribute, 
transport, offer or 
expose for sale, distribution or transportation any article of 
commercial feeding stuff, commercial fertilizer, 
EiFH~T food or 
vinegar in violation of this ±i~±e chapter or chapter 103. 
Sec. 24. 7 MRSA §489. first~. as amended by PL 2003, c. 452, 
Pt. B, §4 and affected by Pt. X, §2, is further amended to read: 
A person may 
not 
be 
prosecuted under 
chapter 
401, 
and 
sections 4!H 482. to 488-A~90 and 640 to 643, when that person 
can establish proof of purchase, and a guaranty signed by the 
person residing in the United States from whom the purchase was 
made, 
to 
the 
effect 
that 
the 
article 
in 
question 
is 
not 
adulterated or 
misbranded within 
the 
meaning 
of 
this Title 
chapter or chapter 103. 
Sec. 25. 7 MRSA §490 is enacted to read: 
§490. 
S~ip,g_!i)IlJLjm~.§i_~QL seed, cODDercial feed, 
commercial fertilizer and food 
1. 
Rig4t of e~try. 
For the pur~oses 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. 
2. 
Ta,king of s~s. 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 
tq~en 
and retained or destroyed. 
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 Q1.lbli<:: 
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. 
4. 
Issuance of certificate. 
A certificate stating the 
resul ts of an analysis performed in accordance with this_seQUon 
and signed by the director of 
the laboratory 
performing_~e 
analysis is presumptive evidence of the facts stated in 
th~ 
certificate. 
Sec. 26. 7 MRS A §508. sub-§7. as enacted by PL 1965, c. 65, is 
amended to read: 
7. 
Reused food or drugs. 
±Re-~~~~eQ~€t4eE To introduce or 
Eleliyeli'Y deliver for introduction into commerce, or the receipt 
in commerce and subsequent delivery or proffered delivery for pay 
or otherwise, of a hazardous substance in a reused food, drug or 
cosmetic container or in a container wRieR that, though not a 
reused container L 
is identifiable as a 
food, 
drug or cosmetic 
container by its labeling or other identification. The reuse of a 
food, drug or cosmetic container as a container for g hazardous 
substance is an act whieh that results in the hazardous substance 
being a misbranded package. 
For the purposes of this subsection 
and section 509, "drug" has the same meaning as defined in Title 
32, section 13702, subsectio~ 
Sec. 27. 7 MRSA §528. as amended by PL 1973, c. 625, §38, is 
further amended to read: 
§528. 
Exemptions 
Weithe~-~~~-~~~£~~--Be~--r~~~-~~~~-YBQe~ 
thi6-6ya€hap~e~-££~~~-~~~~~~~~~~~-Fe~~FBa9~e-e~ 
~eY6aa~e-~~~£6-~~~~-~~-geyeFa~e&-4R-~~~~~-~-~~~~-~he 
t~aQe-a6-e~-~~~-~~-~~~-~-~-~~~~~~r-a&F-&aall-aBY 
~e~y~atieB-~--thi6-~~--p~eelYQe-~~-e~Qe~~y-~~~-ef 
paeka~e6-~-~~~~-~B-4RyeR~e~y-~-~it~-~ae-~~~Qe-~~~-~he 
effee~iye-Qate-ef-6yeh-~e~y~atieB-e~-ef-~hi6-6yaehap~e~T 
All packages of consumer commodities whieh that have been 
±aa~eQ labeled in accordance with federal regulations established 
by the United States 
~ee~eta~y--o-f--He-al-~~,...-~Q-I:!€a~-i9R--iHld--We~fa~e 
Department 
of 
Health 
and 
Human 
Services, 
the 
Federal 
Trade 
Commission or ay the United States Department of Agriculture 
6Ra~~--£~--~--~&&l-~--YBQe~ are 
in 
compliance 
with 
this 
subchapter. 
Sec. 28. 7 MRSA §631-A. as amended by PL 1977, c. 694, §67, 
is further amended to read: 
§63l-A. 
Official standards 
J 2 
The 
commi s s i one r 
i 6 - - -a-u-t-hor-i~- - - a ~ te ~ - - -hQ-l-d-i-ng- - -pya ± i e 
ReaFi-ag-r-t.e may by rule establish aBQ-"pH)mu ... I-q-a-t-€-'--iB-~-maBBe~ 
eeB6i6teBt--~it~--t.he---F~~*~ag---~~~~~€£---9~--~~--MaiBe 
AElmiBist.£at.-ive--P-r-(}{J-€{1.u..r--e--Aetr official definitions and standards 
and sizes for grading or classifying, packaging and labeling eggs 
aBEl-te-eRaB~e-syeR-eEEieia±-staBEla~Els-aBEl-sises-~~em-time-te-time. 
6HeR-ettieial Th~ standards and sizes sRall p~rsuant to this 
section may not be lower in their requirements than the minimum 
requirements 
and 
the 
official 
standards 
and 
sizes 
for 
corresponding grades or classifications as 
p~emHl~at.eQ-~-r~-time 
te--t-i-me adopted by the Secretary of Agriculture of the United 
States, 
commonly 
known 
as 
U.S. 
Grades. 
The 
commissioner 
may 
adopt by reference the United States standards, grades and weight 
classes for shell eggs as adopted by the United States Department 
of Agriculture Agricultural Marketing Service. 
Rules 
adopted 
pursuant to this section are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
Sec. 29. 7 MRSA §633. first 1[. as repealed and replaced by PL 
1973, c. 48, §3, is amended to read: 
~he Except as provided in section 636, 
the standards of 
quality for Maine consumer grades for shell eggsT-GFaae-AAT-GFaae 
A---ana---G-r-ade---Ih 
that 
are 
ElF---may---ae 
established 
by 
the 
commissionerT-~hall apply to all shell eggs sold or offered for 
sale. The final determination of the grades shall-ae is made by 
candling. 
Sec. 30. 7 MRSA §635-A is enacted to read: 
§635-A. 
Prohibition on sale of restricted eggs 
A person may not sell 
producer or packer may sell 
packer's premises directly 
that consumer and members 
consumer's nonpaying guests 
restricted eggs except that an egg 
restricted eggs on that producer's or 
to a household consumer for use.lll': 
of the consumer's household and the 
and employees. 
Sec. 31. 7 MRSA §636. as repealed and replaced by PL 1973, c. 
48, §5, is repealed and the following enacted in its place: 
§636. 
Exemptions 
1. 
Direct sales to consumers. 
Producers selling eggs of 
their own production direct to consumers are exempt from sections 
631-A to 635 for those sales. 
2. 
Eggs shipped for wholesale sale. 
An egg producer may 
ship eggs to a wholesaler or to another shipper without labeling 
and grading the 
egg~n_accordance with sections 6:U-=:.A .. .tQ .. 635. 
When an egg producer ships eggs that are marked as to grade and 
size, the labeling must be accurate and comply with the standards 
of this subchapter and rules adopted pursuant to section 631-A. 
Sec. 32. 7 MRSA §637. first 1[. as amended by PL 1977, c. 696, 
§66, is further amended to read: 
The commissioner shall have-a~EhElFi~Y-EEI administer sections 
to e~9643 and \:EI ma'y adopt, in a manner consistent with the 
Maine Administrative Procedure Act, uniform rules aRa-Fe~~laEiElR6 
for 
such 
administration. 
The 
commissioner 
may 
recover 
the 
~ElF~eiE~Fes fines imposed for violations of seeEiElR sections 631 
to 
9~9 
in 
a 
civil 
action 
brought 
in 
his--ElWR 
t.he 
commissioner's 
name, 
with the venue to be as 
in other civil 
actions, 
and if 
he--~Fevails prevailing in that action, 
the 
commissioner shall recover full costs. 
Sec. 33. 7 MRSA §638, as repealed and replaced by PL 1977, c. 
696, §67, is amended to read: 
§638. 
Disposal of fines 
All ~eF~e~~~Fe6-~e£~~~~--&&~&~&-e~1-~~~~y-ee~B~Y 
t:Feasb\F&F-&-shall fines imposed for violation of this subchapter 
must be paid ay--them to the commissioner. All-~-r~We4-ay 
t:he-~~~--b\BQeF-~~-s-&G&i~&&-£~~-~-~a4Q-~-h~m ~ 
commissioner shall send all fines received for violations of this 
subchapter to the Treasurer of State for deposit in the General 
Fund. 
Sec. 34. 7 MRSA §712, sub-§l, as enacted by PL 1971, c. 77, 
§1, is amended to read: 
1. 
Brand name. "Brand name" means asy £, word, name, symbol 
or 
device, 
or 
any 
combination 
thereof, 
iQeB~i~yiB'} 
that 
identifies the commercial feed of a distributor or registrant and 
ai6t:is'}~i6hiB'} distinguishes it from that of others. 
Sec. 35. 7 MRSA §712. sub-§18. as enacted by PL 1971, c. 77, 
§l, is amended to read: 
18. 
Product name. 
"Product name" 
means the name of the 
commercial feed whieh that identifies it as to kind, class or 
specific use and distinguishes it from all other products bearing 
the same brand name. 
Sec. 36. 7 MRSA §714, sub-§l, as amended by PL 2001, c. 422, 
§l, is further amended to read: 
1. 
Application 
for 
registration. 
A 
person 
may 
not 
distribute 
in 
this 
State 
a 
commercial 
feed, 
except 
a 
customer-formula feed, that has not been registered pursuant to 
this section. 
The application for registration must be submitted 
in the manner prescribed by the commissioner on forms furnished 
by the commissioner, and accompanied by an annual fee of $80 per 
lHaSa product name for pet food and $80 per BFaBs product name 
for all other commercial feed. 
Upon approval by the commissioner 
the 
registration 
must 
be 
issued 
to 
the 
applicant. 
All 
registrations 
expire 
on 
the 
31st 
day 
of 
December. 
The 
commissioner may issue a registration for a one-year, 2-year or 
3-year period. Registrations 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 registration is 
times 
the 
annual fee. 
The fee for a 
-year registration is 3 times the 
annual fee. 
Sec. 37. 7 MRSA §714, sub-§4, as enacted by PL 2005, c. 281, 
§1, is amended to read: 
4. 
Surcharge on registration of pet food. 
For each aFaaa 
product name of pet food registered in accordance with subsection 
1, the applicant shall pay a 
$20 surcharge in addition to the 
registration fee. 
The commissioner shall deposit the surcharge 
into the Animal Welfare Fund established under section 3906-B, 
subsection 2. 
Sec. 38. 7 MRSA §720. sub-§6, as enac ted by PL 1971, c. 77, 
§l, is amended to read: 
6. 
Methods. Sampling and analysis saa±± must be conducted 
in 
accordance 
with 
methods 
published 
by 
the 
Association 
of 
Official 
Analytical 
Chemists, 
or 
in 
accordance 
with 
other 
generally 
recognized 
methods. 
*ae---D-i~-e<l-t~---eE---t-he---Ma,iae 
A~F,iea±taFa±-~~~~-~~-~-&&all-aaaaa±±y-~~-~~-eaase 
te-~-~y~--saffip±es-~~-~~~~~--Eeeas-~~~~-~--tRe 
eeffiffiissieaeFT 
Sec. 39. 7 MRSA §724. first,. as enacted by PL 1971, c. 77, 
§1, is amended to read: 
The commissioner shall publish the results of analysis of 
commercial 
feeds 
as-~~Fffi~-~-tae--giFee&eF-~--~~-Maiae 
A~Fiea±taFa±-EKpe~~me~t-~~~~~~~-ae-paa±,isaea-~-~~-~~-tae 
aa±±et,ias-e~-~~~~~--~-&~~F~a&-s&atiear together with the 
names of persons from whom the samples were obtained, the names 
of the manufacturers thereof and such additional information as 
te-Riffi-ffiay-seeffi the commissioner determines is advisable. 
Sec. 40. 7 MRSA §745 is amended to read: 
§745. 
Inspection, sampling and analysis 
±t--&&all-~--t-he--~y--9~--tae The 
commissioner 
te 
sha~J 
inspect and sample for analysis in accordance with section 489 
~ 
commercial fertilizers distributed within this State 
aE-5~eR 
tiffie---and--p.Ja€e--&G---6-U£-h--aa to the extent as ae--may--aeeffi the 
commissioner deems necessary to determine waetaeF-Saea-€9ffiffieFeia± 
feFti±iBeFs---a-r~--ia 
compliance 
with 
this 
subchapter. 
The 
commissioner is authorized to enter upon any public or private 
premises during regular business hours in order to have access to 
commercial fertilizers, subject to this subchapter and the rules 
aaa--r~1-a-t:-ion&-~~-a-i-ni-nEJ--t;aeFet;e adopted pursuant to section 
748. 
The methods of sampling, 
sample preparation and analysis 
saall-ae are those adopted from sources such as the Journal of 
Page ll-LR3052(1) 
the 
Association 
of 
Official 
Agricultural 
Chemists. 
The 
commissioner, in determining for administrative purposes whether 
a commercial fertilizer is deficient in any component, sHall-se 
.is. guided solely by the official sample as defined and obtained 
and analyzed as provided for in this section. 
When 
the 
inspection and analysis of 
an official 
sample 
indicate 
a 
commercial 
fertilizer 
has 
been 
adulterated 
or 
misbranded, 
t:He--r-e-&U-l-t-s--e{--a-Ba-l-y&i-&--6.f}a.J-l--se--'f-()-i"-war~-sy the 
commissioner shall forward the results of the analysis to the 
distributor or manufacturer. 
Upon request within 30 days, 
the 
commissioner shall furnish to the registrant a portion of the 
sample concerned. 
Sec. 41. 10 MRSA §1661-B, sub-§3, as enacted by PL 2003, c. 
452, Pt. E, §4 and affected by Pt. X, §2, is amended to read: 
3. 
Enforcement. 
The Commissioner of Agriculture, Food and 
Rural Resources shall enforce this section pursuant to Title 7, 
section 14 13. 
SUMMARY 
This bill is authorized pursuant to Public Law 2005, chapter 
382, Part G. 
This bill: 
1. 
Repeals 
the 
requirement 
that 
the 
Commissioner 
of 
Agriculture, Food and Rural Resources provide an opportunity for 
a hearing when the commissioner becomes cognizant of a violation 
of any provision in the Maine Revised Statutes, Title 7 or other 
statutes delegating responsibility to the commissioner or the 
department; 
2. 
Amends a provision relating to the farms purchased by 
the State for use by the Maine Agricultural Experiment Station: 
3. 
Corrects the provision for annual reports by the county 
extension associations, requiring the reports to be sent to the 
University of Maine rather than its board of trustees; 
4. 
Amends the legislative findings in Title 7, chapter 101, 
subchapter 1, Marketing and Advertising Farm Products: 
5. 
Specifies that products sold at a 
are not grown or processed by the person 
must 
be 
purchased directly from 
another 
processed the products: 
farmers' 
selling 
farmer 
market that 
the products 
who 
grew 
or 
6. 
Enacts 
an enforcement provision for determination of 
origin for products sold at a farmers' market; 
7. 
Makes technical amendments to the enforcement provisions 
for the Maine Agricultural Commodities Marketing Act; 
8. 
Clarifies 
language 
pertaining 
to 
prohibitions 
and 
inspections under market orders or agreements; 
9. 
Revises an enforcement provision for determining origin 
of produce labeled "native"; 
10. 
Clarifies the definition of "licensed commodities"; 
11. 
Clarifies provisions relating to licensed commodities; 
12. 
Repeals 
the 
def ini tion 
of 
the 
term 
"drug" 
and 
provisions in Title 7 
relating to adulteration of drugs 
and 
meats. 
The 
Maine 
Pharmacy 
Act, 
enacted in 
1988, 
Title 
32, 
chapter 117, establishes the Maine Board of Pharmacy and charges 
the 
board 
wi th 
regulation 
of 
drugs. 
The 
Department 
of 
Agriculture, 
Food 
and 
Rural 
Resources 
is 
charged 
with 
administering and enforcing provisions pertaining to preparation 
of meat under Title 22, chapter 562-A; 
13. 
Repeals and reenacts provisions pertaining to sampling 
and analysis of seeds, commercial feeds, commercial fertilizers 
and food. 
It also authorizes the commissioner to have analyses 
performed at public or private laboratories and repeals specific 
responsibilities of the Director of the Agricultural Experiment 
Station relating to analysis; 
14. 
Repeals transition language relating to use of beverage 
containers in inventory or trade prior to 1969; 
15. 
Clarifies statutory provisions governing the sale of 
eggs; 
16. 
Makes 
a 
technical 
change 
to 
a 
definition 
1n 
the 
commercial feed statutes; 
17. 
Amends the definition of "product name"; 
18. 
Uses the term "product name" to specify feed products 
to which a registration fee applies; and 
19. 
Removes 
the 
statutory 
requirements 
of 
Agricultural 
Experiment 
Station 
with 
regard 
to 
commercial feeds and publishing results of the analysis. 
the 
Maine 
analyzing