An Act To Make Revisions to the Laws Governing Agriculture
Maine Legislature, Session 122, LD 0216
Committee Amendment CA_A_H671 (House)
Amends: 7 MRSA §213, 7 MRSA §214, 7 MRSA §302, 7 MRSA §471, 7 MRSA §1333, 7 MRSA §1341, 7 MRSA §1351, 8 MRSA §281-A, 7 MRSA §2992-A, 7 MRSA §2998-B, 7 MRSA §2901, 7 MRSA §2951, 7 MRSA §2952-A, 7 MRSA §2953, 7 MRSA §2953-A, 7 MRSA §2954, 7 MRSA §2956, 7 MRSA §2959, 7 MRSA §2961, 7 MRSA §2962, 7 MRSA §2984, 7 MRSA §2985, 7 MRSA §2986, 7 MRSA §3152, 7 MRSA §3152-A, 7 MRSA §3153, 7 MRSA §31, 7 MRSA §3154, 7 MRSA §3155

COMMITTEE 
AMENDMENT "A" to H.P. 167, L.D. 216, Bill, 
Act To Make Revisions to the Laws Governing Agriculture" 
"An 
Amend the bill by inserting after Part B and before the 
summary the following: 
'PARTC 
Sec. C-l. 7 MRSA §213, sub-§§l and 2, as enacted by PL 1983, c. 
608, §2, are repealed. 
Sec. C-2. 7 MRSA §214, as amended by PL 1991, c. 780, Pt. 
DDD, §21 and PL 2003, c. 689, Pt. B, §6, is further amended to 
read: 
§214. 
Coordination of purchases of foodstuffs from 
Maine concerns 
1. 
Food purchasing coordinator. 
'J;hef'e--i-s---e-s-t-aW-i-shed--i:e 
~he-~~~~~-~-~~-~~-pesi~ie:e-~~-~~~~-~-&ha~~-ge 
l?espe:esis;be The commissioner shall designate an employee of the 
department to serve as a food purchasing coordinator to assist in 
the 
development 
of 
connections 
between 
state 
and 
school 
purchasers, Maine food producers and brokers and wholesalers of 
food. 
2. 
Annual meeting. 
The 
S~a~e--p.a-FGhas-1ng---Af;Je-n-t---e-£--hi6 
eesiEj:eee food purchasing coordinator shall cause to be held an 
annual meeting waiea that brings together producers, wholesalers, 
buyers and food service professionals to enhance opportunities 
for cooperation and expand the purchase of local foodstuffs by 
state institutions and public schools. 
Page I-LR0275(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .,4-.. to H.P. 167, L.D. 216 
3. 
Advisory conmittee. 
The St:at:e--P"l:H:·e-aa&,i-B'i!'--Aqen-t=---€I-£--a 
€I.eSiEjBee 
commissioner shall establish an advisory committee to 
discuss 
possibilities 
and 
review 
proposals 
for 
expanding 
purchases of local foodstuffs. 
At:-~~£~-~-~~&&&~~~¥&-~~effi 
t:he-~~~~~-&&a~-aEje£€4e£-~~~-&e-~~~~-~-£e~ve-~-t:his 
a€l.visa~y--e9ffim,i-&~ee~---~h&-~~~-~--~~4€~~~~€ry--Faea--aR€I. 
Ra~a~-ResaQ£€eSi-~£e-~~~-~~~r~~~r-&h&-Pepa~&ffieB&-eE 
~€I.aeat:iaBT--&ae-~~r~&&-~~-~~~-~-~~£--Se£v4€eSi--t:he 
Qe~a~t:meBt:-~~-~-~-~~~€~--aB€I.--&ae-~~-~--~h4~a--aR€I. 
~affii~y-Se£v4€es~--~~~~~4~~~~~~--&~~-a'iJeBe,i-e&r-~aea~ 
iRSt:it:Qt:~aBs-~--~~-~he-~-iYat~-seet:e~-~~--&e-€he£e£-~-t:he 
St:at:e--P~~ehasiBEj--AEjeBt:--wha--sha~~--se~ve--as--ehai~maB--a~--t:he 
a€l.visa£y--e-emmit:t:eeT The commissioner shall invite one or more 
representatives from each of the following agencies to serve on 
the 
advisory 
committee: 
the 
Department 
of 
Education; 
the 
Department of Marine Resources; the Department of Corrections; 
the Department of Administrative and Financial Services« Bureau 
of Purchases; the Executiye Department. State Planning Office; 
the Department of Health and Human Services; the University of 
Maine System; and the Maine Community College System. 
Sec. C-3. 7 MRSA §302, as amended by PL 1991, c. 780, Pt. 
DDD, §21, is repealed. 
Sec. C-4. 7 MRSA §471, as enacted by PL 1993, c. 58, §1 and 
amended by PL 2003, c. 689, Pt. B, §7, is further amended to read: 
§471. Farmers' Market Program 
The 
departmentT--iB-~pe~at:ieB shall cooperate with the 
Commissioner of Health and Human Services or the commissioner' s 
designeeT-shall-aae~-~~~~-~~~~~~~~~~i-&i-&~r-a-p~aEj~affi 
to 
promote 
the 
purchase 
of 
state-grown 
and 
processed 
food 
products 
at 
local 
farmers' 
markets 
and 
farmstands 
by 
nutritionally at-risk groups through programs administered by the 
Department of Health and Human Services under Title 22« chapter 
.an. 
Sec. C-5. Commissioner of Agriculture, Food and Rural Resources to 
convene 
food 
policy 
working 
group. 
The 
Commissioner 
of 
Agriculture, Food and Rural Resources shall convene a 
working 
group to review statutory provisions and examine emerging issues 
relating 
to 
food 
policy 
and 
to assist the 
commissioner 
in 
developing and articulating a 
food policy for the State. 
In 
addi tion to state agencies represented on the advisory committee 
established under the Maine Revised Statutes, Title 7, section 
214, 
the 
commissioner 
shall 
invite 
participation 
by 
the 
University of Maine Cooperative Extension, the Maine Farm Bureau, 
the 
Maine 
Organic 
Farmers 
and 
Gardeners 
Association, 
the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 167, L.D. 216 
Agriculture Council of Maine, a regional or statewide coalition 
organized to promote the consumption of locally grown foods and 
farmers. 
The commissioner may invite persons from the private 
sector 
to 
participate 
in 
the 
working 
group, 
including 
representati ves of grocers associations and food distributors. 
The commissioner shall send notices and agenda for meetings of 
the working group to members of the Joint Standing Committee on 
Agriculture, Conservation and Forestry. 
Sec. C-6. Report; legislation authorized. 
No later than January 
2, 
2006, 
the 
Commissioner 
of 
Agriculture, 
Food 
and 
Rural 
Resources shall submit a report to the Joint Standing Committee 
on 
Agriculture, 
Conservation 
and 
Forestry 
summar~z~ng 
the 
discussions of the commissioner's working group on food policy 
convened 
under 
section 
and 
presenting 
the 
commissioner's 
recommendations relating to food policy along with 
implementing 
legislation. 
The 
Joint 
Standing 
Committee 
on 
Agriculture, 
Conservation and Forestry may 
submit legislation to the Second 
Regular Session of the 
l22nd Legislature pertaining to 
food 
policy and the promotion of locally produced food. 
PARTD 
Sec. D-l. 7 MRSA §1333, sub-§l, ,A, as enacted by PL 2003, c. 
386, §6, is amended to read: 
A. 
"Cervid" 
means 
a 
member of the cervidae family and 
hybrids, including deer, elk, caribou, reindeer and related 
speciesL 
specified by the commissioner by rule with the 
written concurrence of the Commissioner of Inland Fisheries 
and Wildlife. 
Sec. D-2. 7 MRSA §1341, sub-§4-A, as enacted by PL 2003, c. 
386, §8, is amended to read: 
4-A. 
Domesticated cervid. 
"Domesticated cervid" meaB6--a 
memBe~-~-~-ee~viQae-~~~~~-RYB~iQS7-~~~~~~r-e~k7 
eal'iBear--£-e-i-ndee-t---aBQ--{"-e-1-at.-ed--speeies has the same meaning as 
"cervid" in section 1333, subsection L 
paragraph A. 
Sec. D-3. 7 MRSA §1351 is amended to read: 
§1351. 
Breeding and raising mint 
Mink that have been propagated in captivity for 2 or more 
generations 
SBa~~-Be are considered domesticated animals subject 
to 
a~~--&&&--~-~--~Re--S&a&e-~1t~--£~~~-~~-pessessieBr 
eWReI'SRip--~££--~~~~~-~--aFe--a~--~-~~--a~~~iGa&k&--~e 
eemes&i-ea&eG-aBimaJ:s this Title. Such domesticated minkr Q£ the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A" to H.P. 167, L.D. 216 
pelts 
or 
products 
thereof 
shall--ae--aeemea 
are 
considered 
agricultural products and the breeding, 
ra~s~ng, producing in 
captivity and marketing t:heFee£--5ha-l-l--.ee--eleemea of mink is an 
agricultural pursuit. Any person, firm or corporation engaged in 
breeding and raising mink shall 
ae--l~eeBsea comply with the 
permitting 
requirements 
for 
importation 
and 
possession 
of 
wildlife under Title 12, 
seet:ieR-~~Q9 chapter 915, subchapter 15. 
Sec. D-4. 8 MRSA §281-A, as enacted by PL 2003, c. 31, §1, 
is amended to read: 
§281-A. Standardbred horses eliqible for reqistration 
Notwithstanding 
section 
281, 
a 
foal 
resulting 
from 
insemination a~FiR~-~he-~~-~~-~~-a~~~-seaseB may be 
registered as a Maine Standardbred if it is the offspring of a 
stallion registered with the department to stand at stud in the 
State for the breeding season during which the insemination took 
place and all other registration requirements are met. 
PARTE 
Sec. E-l. 7 MRSA §2992-A, sub-§2, ,A, as enacted by PL 1995, 
c. 693, §8 and affected by §25, is amended to read: 
A. 
~we ~ 
members appointed by organizations of producers 
whe--&e--1-1--mi~*--on--t;he--Ma-ine--maF*et;. 
~he Not more than 2 
members appointed under this paragraph may Ret; be from the 
same marketing organization. 
appointed by 
an 
independent 
producers; £rul 
At least one member must be 
organization of Maine 
milk 
Sec. E-2. 7 MRSA §2992-A, sub-§2, ,B, as enacted by PL 1995, 
c. 693, §s and affected by §25, is repealed. 
Sec. E-3. 7 MRSA §2992-A, sub-§4, as enacted by PL 1995, c. 
693, §8 and affected by §25, is repealed. 
Sec. E-4. 7 MRSA §2998-B, sub-§2, ,A, as enacted by PL 1995, 
c. 693, §15 and affected by §25, is amended to read: 
A. 
~we ~ 
members appointed by organizations of Maine 
milk producers whe-~~-~~~-eB-~~~~-maF*et:. 
~e Not 
more than 2 members appointed under this paragraph may Ret: 
be 
from 
the 
same marketing organization. 
At least one 
member must be appointed by an independent organization of 
Maine milk producers; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 167, L.D. 216 
Sec. E-5. 7 MRSA §2998-B, sub-§2,~, as enacted by PL 1995, 
c. 693, §15 and affected by §25, is repealed. 
Sec. E-6. 7 MRSA §2998-B, sub-§4, as enacted by PL 1995, c. 
693, §15 and affected by §25, is repealed. 
PARTF 
Sec. F-l. 7 MRSA §2901·B, first 1[, as enacted by PL 1993, c. 
663, §l, is amended to read: 
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 
Hlay-~e~i/..,i~e 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 placesT and te perform other 
inspections reasonably necessary to verify compliance with the 
trademark criteria. 
Sec. F ·2. 7 MRSA §2951, sub-§6 is amended to read: 
6. 
Milk. "Milk" means 
WB.e;be-IR.,i-lk--anE1--Gr'~-f..Fe&h-r-&&l:l-F--eF 
ste~a!ef-~k4mmeQ-~~~-&aG-aatteFHli*Hf-4~~~pe€~4~e-~-~h&~h&F--eF 
Ret-~-+W:Go&-Hl.,i"k--k--f.],.a,..el'e8 ... any of the following, regardless 
of the presence of any flavoring: 
A. 
Whole milk or cream, whether fresh, sour or storage: 
B. 
Skimmed milk: or 
C. 
Buttermilk. 
Sec. F·3. 7 MRS A §2952, as amended by PL 1999, c. 679, Pte B, 
§l and affected by §14 and amended by PL 2003, c. 689, Pt. B, §6, 
is repealed and the following enacted in its place: 
§2952. 
Organization 
1. Members. 
The Maine Milk Commission, 
as established by 
Title 5, section l2004-E, subsection 2, consists of the following 
members: 
A. 
The 
commissioner 
or 
the 
commissioner's 
designee, 
ex 
officio; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 167, L.n. 216 
B. 
Four 
members. 
who 
must 
be 
residents 
of 
the 
State. 
appointed by the Governor. subject to review by the joint 
standing committee of the Legislature having jurisdiction 
over agriculture matters and subject to confirmation by the 
Legislature. 
2. 
Conflict of interest. In addition to the limitations 
imposed under Title 5. section 18. the following conflict of 
interest restrictions apply. 
A. A member of the commission appointed under subsection I. 
paragraph B may not. at the time of appointment or while 
serving as a member of the commission. have a business or 
professional relationship or connection with or a financial 
interest in any producer. dealer. 
store or other person 
whose activities are subject to the jurisdiction of the 
commission. 
The retail purchase of milk for consumption is 
not a violation of this paragraph. 
B. An employee of the commission may not have a business or 
professional relationship or connection with or a financial 
interest in any producer. dealer. 
store or other person 
whose activities are subject to the jurisdiction of the 
commission. 
The retail purchase of milk for consumption is 
not a violation of this paragraph. 
C. A member or employee of the commission may not render. or 
be 
a member of a firm that renders. any professional or 
other service for or against a producer. dealer. store or 
other 
person 
whose 
activities 
are 
subject 
to 
the 
jurisdiction of the commission. 
3. Terms: vacancies. Members of the commission appointed 
under subsection L 
paragraph B serve for a term of 4 years or 
until their successors are duly appointed and c;Iualified. except 
that the initial terms of these members are for one. 2. 3 and 4 
years so that the terms of the members of the commission are 
staggered. 
A vacancy in the membership of the commission must be filled by 
appointment by the Governor. 
4. 
Chair: 
employees 
and resources. 
The 
members 
of 
the 
commission 
shall elect 
a 
chair. 
With 
the 
approval 
of 
the 
commission. the commissioner may employ. 
subject to the Civil 
Service Law. 
a secretary and such officers. clerks. assistants 
and other employees as the commission determines necessary. To 
the 
extent 
possible. 
the 
commission 
shall 
make 
use 
of 
professional. 
expert or other resources available within the 
various 
departments 
of State Government. 
including. 
but 
not 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 167, L.D. 216 
limited to, the department, the Department of Health and Human 
Services and the Department of the Attorney General, 
and such 
departments shall, 
as 
resources allow, 
provide necessary and 
appropriate services at the request of the commission. 
To the 
extent these services are not available or otherwise adequate, 
the commission may employ appropriate experts, professionals or 
others to assist it in carrying out its duties. 
5. Compensation; office; supplies. Members of the commission 
are 
compensated 
as 
provided 
in 
Title 
5, 
chapter 
379, 
as 
determined by 
the Governor. 
The 
administrative costs of the 
commission, including expenses and compensation of members, may 
not exceed the amount of fees collected under this chapter. The 
commission must be furnished a suitable office at the seat of 
government, together with all necessary equipment and supplies. 
6. SRecial meetings. The chair shall call special meetings 
of the commission whenever requested in writing by 2 or more 
members of the commission. 
Sec. F-4. 7 MRSA §2952-A is enacted to read: 
§2952-A. 
Powers and duties 
1. Powers: general. 
The commission may: 
A. 
Establish and change the minimum wholesale and retail 
prices for the sale of milk within the State: 
B. Adopt and enforce all rules and orders necessary to carry 
out this chapter: and 
C. 
In administering this chapter: 
(1) Conduct hearings: 
(2) 
Subpoena 
and 
examine 
under 
oath persons 
whose 
activities are 
subject to the 
jurisdiction of 
the 
commission, including producers, dealers and stores and 
their officers, agents and representatives: and 
(3) Subpoena and examine the business records, books 
and accounts of persons whose activities are subject to 
the 
jurisdiction 
of 
the 
commission, 
including 
producers, 
dealers 
and 
stores 
and 
their 
officers, 
agents and representatives. 
Any member of the commission and any employee designated by 
the commission may sign subpoenas and administer oaths to 
witnesses. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. 4 to H.P. 167, L.D. 216 
2. Limitations. 
The commission may not modify, 
add to or 
annul any sanitary regulations imposed by any state or municipal 
authority or compel pasteurization in any market area. 
3. Duties. 
The commission shall: 
A. 
Not less than once every 3 years, conduct independent 
studies of the economics and practices of the milk industry 
in order to assist the commission in establishing minimum 
prices. 
The studies must include the compilation of cost 
data for farms at 3 different levels of production: and 
B. 
Ensure that distributors give 
days' 
notice before 
terminating delivery to any customer in their delivery area 
or in the traditional delivery area of a distr ibutor they 
have 
purchased. 
The 
30-day 
notice 
does 
not 
apply 
to 
cancellations resulting from a failure to pay bills. 
4. 
Authority; 
accounts 
and 
records. 
To 
enable 
the 
commission to perform its duties, the commission may inquire into 
the management of the businesses of the producers, dealers and 
stores to obtain from 
them all necessary information. 
Every 
producer, 
dealer 
and 
store 
shall 
keep 
and 
render 
to 
the 
commission, at such times and in such manner and form as may be 
prescribed by the rules of 
the 
commission, 
accounts 
of all 
business 
transacted 
that 
is 
related 
to 
the 
production, 
purchasing, 
processing, 
sale 
or 
distribution 
of 
milk. 
Such 
accounts 
must 
reasonably 
reflect, 
in 
such 
detail 
as 
the 
commission 
considers 
appropriate, 
income, 
expense, 
assets, 
liabilities and such other accounting entries as the commission 
considers necessary, 
to assist the 
commission in making its 
determinations as to: 
A. Minimum prices generally; 
B. Separate minimum price categories to be established to 
reflect different container costs; 
C. Separate minimum price categories to be established for 
different guantities of milk packaged and sold in separate 
containers; 
D. Separate m~n~mum price categories to reflect identifiable 
distribution costs: and 
E. All matters pertinent to the proper performance of its 
duties. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,~, to H.P. 167, L.D. 216 
The commission shall adopt routine technical rules that establish 
procedures to enable the commission to inspect the records, books 
and accounts of dealers, producers and stores at their various 
offices 
and places 
of 
business 
at 
reasonable 
times. 
Rules 
adopted pursuant to this subsection are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. F-5. 7 MRSA §2953, as amended by PL 2003, c. 648, §l, is 
repealed. 
Sec. F -6. 7 MRSA §2953-A, sub-§4-A, ,A, as amended by PL 1993, 
c. 274, §l, is further amended to read: 
A. 
Maine's 
representatives 
to 
the 
Northeast Interstate 
Dairy Compact are as follows: 
(1) 
The commissioner or designee; 
(2) 
The 
chair 
of 
the 
Maine 
Milk 
Commission 
or 
designee; and 
(4) 
A dairy farmer who is engaged in the production of 
milk at the time of appointment or reappointment, to be 
appointed by the Governor and subject to review by the 
joint standing 
committee 
of 
the 
Legislature having 
jurisdiction over agricultural matters and confirmation 
by the Legislature. 
ge~e§a~ieB-~~-may--ae~-~~-ffie~e--~a-~-eeBSeeQ~ive 
~eFffis-wi~a-Be-siB§~e-~eFm-ef-m9Fe-~aaB-4-yeaFsT 
Sec. F-7. 7 MRSA §2953-A, sub-§4-A, ,B, as enacted by PL 1989, 
c. 437, is repealed. 
Sec. F-8. 7 MRSA §2954, sub-§2, as amended by PL 1995, c. 2, 
§2, is further amended to read: 
2. 
Considerations in establishing prices. 
IB-~~~~46h4B~ 
aBa-€haB~4B~ The minimum wholesale and retail pricesT-~ae-p£4€es 
S9 
established 
saa~~ 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; 
~akiB~--i-nt-o--eG-:a&.i-QeFat:i-9B and the public need 
for 
the 
establishment of retail milk prices 
at 
the 
lowest 
practicable levels. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 167, L.D. 216 
A. 
The minimum wholesale prices paid to producers are based 
on the prevailing Class I, Class II and Class III prices in 
southern 
New 
EnglandT----A~~eF 
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. 
B. 
The minimum wholesale pr ices 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 tax 
determined by Title 36, chapter 716. 
C. 
The minimum retail prices established for payment by 
consumers ssa** ~ 
be based on the minimum wholesale price 
paid to dealers and a rate of return aeemea determined to be 
just and reasonable by the Maine Milk Commission. 
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. 
E. The commission may not set different minimum wholesale 
prices for different retail delivery volumes of milk. 
Sec. F-9. 7 MRSA §2954, sub-§4, as repealed and replaced by PL 
1975, c. 517, §3, is amended to read: 
4. 
Commission 
empowered to establish classifications of 
milk. 
The commission is-..... -e-s-t-e.e.-~-t-h--~F--t:e may establish and 
change, after investigation and public hearing, classifications 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A 
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of milk according to its various usages and shall specify to what 
classification the prices established under this chapter sbaH 
apply. 
Sec. F·I0. 7 MRS A §2954, sub.§5, as amended by PL 1987, c. 
402, Pt. A, §80, is further amended to read: 
5. 
Minimum price schedule. 
YpaB--e-&t.-abJ.-i-sh-i-il9--&a-id--RliBiRl1:iHl 
Minimum prices 
iB-~-RlaFl!:e1:--wh-i-oh--sba;l,;I,--app-l-y--1:a--t-he--vaFialis 
e;l,assiEiea1:iaB6-~-~~~~aG-waieb set by the commission may vary 
in the several market areas of the StateT-·tJae. 
The commission 
shall furnish all dealers registered in saiEl. each market with a 
schedule of 
sliea applicable prices and shall publish a 
the 
schedule 1:beFeaE in appropriate newspapers in saiEl. that market. 
Sliea-~~--6aaJJ-~-~~e€~4~~-i&-~~-wi1:a-~-i-t~~-BT 
eaap1:eF-i7Br-aBEI.-1:aeFea'1:aF Once minimum prices for a market take 
effect. no dealer, store or other person handling milk in sliea 
that market 
saa;l,~ may buy or offer to buy, sell or offer to sell 
milk 
for 
prices 
less 
than 
the 
scheduled 
minimum 
prices 
established for that market. 
Sec. F·l1. 7 MRSA §2954, sub·§6, as repealed and replaced by 
PL 1983, c. 573, §1, is amended to read: 
6. 
Schedule 
of 
maximum 
transportation 
allowances; 
adjustments. 
The commission may annually establish a schedule of 
maximum transportation allowances waiea 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 i;l,B7 
~ 
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 saall-se is on the dealer to 
substantiate the 
need 
and 
reasonableness of 
such a 
proposed 
adjustment, 
and 
in 
the 
absence 
of 
evidence, 
the 
proposed 
adjustments saa~~ ~ 
be denied. 
Sec. F·12. 7 MRSA §2954, sub.§§7 and 8, 
as 
repealed 
and 
replaced by PL 1975, c. 517, §3, are amended to read: 
7. 
Prohibition. 
±s-~~--~-1:iBJaw~~~-~~--aBY A person sa 
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. 
±B--aEl.El.isieB--~e--aBy--peBa;l,~y 
asbeFwise--pFeviEl.eEl.--ay--~awT--sbe--eeRlRlissieB--aEteF--Betiee--aBs 
aeaFiB~-~-pFeaiai1:-~-&~~a-~a£~4£e7-~-aBY-~~-Eee~iB~ 
aiRlse~E-~-~-ay-~-e~Qe~-~~-~~-~~&&~a--i~-liBseF 
Page ll-LR0275(2) 
COMMITTEE AMENDMENT 
, ~., , 
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\ ... 
COMMITTEE AMENDMENT "A" to H.P. 167, L.D. 216 
this--ohapt.e-r--may.-.appea.J.--t.G---t.he-...sup.e-r-i<rr--bSli!:'tT 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. 
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 
shall--a~~ly 
applies and the powers of the commission shall attach. After any 
such milk so produced shall-esme ~ 
within the jurisdiction of 
this State, 
aBY 
.I!.Q 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 
shall-ee-liBlawE1:il. 
Sec. F-13. 7 MRSA §2954, sub-§10, as enacted by PL 1985, c. 
42, §l, is repealed. 
Sec. F-14. 7 MRSA §2954, sub-§13, as amended by PL 1995, c. 2, 
§3, is repealed. 
Sec. F-15. 7 MRSA §2954, sub-§15, as corrected by RR 1991, c. 
1, §17, is repealed. 
Sec. F-16. 7 MRS A §2954-A, as amended by PL 1999, c. 679, Pt. 
B, §4 and affected by §14, is further amended to read: 
§2954-A. 
Payment by dealers to producers 
Payment 
by 
dealers 
to 
producers 
is 
governed 
by 
this 
section. 
For purposes of this section, the term "delivery month" 
means the calendar month in which milk is delivered to a dealer 
from the producer. 
1. 
First 15 days. 
On or before the 5th day after the end 
of the-ealeBQa~ a delivery month iB-whieh-Qelive~y-was-maQe, eaeh 
,g dealer shall pay 
eaeh-t>-f--t.-bat--4ea-l-e-F-!...s--~rsQliee~s the producer 
for milk received from the ~ 
producer during the first 15 days 
of that the delivery month at a rate that is not less than the 
most recently published northeast marketing area milk marketing 
order statistical uniform price for Penobscot County. 
2. 
Balance due. 
Eaeh A dealer shall mal£e-~--t-G--his 
~!:'sQ1:iee!:'s pay the producer for the balance due for milk received 
during that delivery month as follows. 
A. 
On or before the 20th day after the end of that the 
delivery month, eaeh the dealer shall pay his-pFSQlieeFs-the 
COMMITTEE AMENDMENT 
(~<~; 
... ~~'-" 
. 
·c 
COMMITTEE AMENDMENT 'A" to H.P. 167, L.D. 216 
allla~Bt--Ga-l-ou-:l-at.-ed--as--t-he--iBitia±-~--aeeaI'EiiB§--t-o--the 
MaiBe--MJ~~--~~--&&a&~&er--6e€~4aB---~-~~--~~--6T 
pal'a§l'aph-~--aaG-M4~k-~~-I'~±eST-~~-&h&-affia~B~-~--the 
paYllleBt--lIIaEie--~~-~~-~~--~r--&~&&ee&iaB--±T the 
producer for milk received from that producer during the 
delivery month 
an initial 
payment 
calculated using 
the 
m~n~mum prices set by the commission pursuant to section 
2954. subsection 2. paragraph A minus: 
(1) 
Any portion of that amount deposited in the Maine 
Milk 
Pool 
or 
deducted 
pursuant 
to 
section 
3153, 
subsection 2; and 
( 2) 
The amount of the payment made to the producer 
under subsection 1. 
B. 
On or before the 5th day after the end of the month in 
which the payments required by seetieB subsection 1 
and 
paragraph A are made, each dealer shall pay each of his ~ 
dealer's producers any sums received on behalf of his .tb& 
producers pursuant to 
the--Mai-ne--Mi±I£-.p~--&t:at:~teT section 
3153, subsection 4 and Maine Milk Pool rules. 
~his--~~~e€~~~--~--~&--app±y--~~-~-~¥&~~~--pl'ellli~ 
estae±isheEi-~-&ae-€~~~~-a&-pa~~-~~-tae-~~~-waa±esa±e 
pl'iees--~a--~~~€~~--~~--~-~~--~--waiea--&ee&iaB--3~93T 
s~eseetieB--~7--pa~a~apR--~--~-~~--~~~~r--&~&&ee&iaB--9T 
pal'a§l'aphs-A-aBEi-8-al'e-epel'at:iaBa~T 
3. 
Penalties. 
The license of any dealer who violates this 
section may be suspended or revoked in accordance with Title 5, 
chapter 375. 
Sec. F·17. 7 MRSA §2956, sub·§2, as repealed and replaced by 
PL 1975, c. 517, §5, is amended to read: 
2. 
Use, 
location and 
quantity of all milk sold, 
market outlet; ~ 
market outlet. 
detailed as to 
A 
record of 
use, 
location 
the 
and 
Sec. F·18. 7 MRSA §2956, 2nd 1l, as amended by PL 1999, c. 679, 
Pt. B, §5 and affected by §14, is further amended to read: 
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 
COMMITTEE AMENDMENT 
, (::, 
, " 
\... 
\. 
\ .. 
COMMITTEE AMENDMENT ·A" to H.P. 167, L.D. 216 
the-~~~~-~~~-~Fiee--~~-~~-eem~eBeBts-~~-~~-mi*k 
as;~stes-~~--&Q&BeF~a&r-~~~~~aG-e~he£-~~~-aBa-~~~-Fay 
the-£e£~h~£~-~~~~~F&a-mi*k-ma£~e~~£~-~~--p~aG&F-~Fiee 
si~~e~eBtia~--aRRe~R€ee--~~--~~~~--C~~~&Yr--Massaeh~setts in 
accordance with section 2954-A. 
Sec. F-19. 7 MRSA §2959, sub-§I, as enacted by PL 1985, c. 
717, §4, is amended to read: 
1. 
Injunction. 
In addition to any other remedy set forth 
in this chapter for the enforcement of this chapter or any rule, 
order or decision of the commission, 
the Superior Court sha** 
have ~ 
jurisdiction upon complaint filed by the commission, or 
any person duly authorized to act for the commission, including, 
but not limited to, its executive secretary, 
to restrain or 
enjoin any person from committing any act prohibited by this 
chapter or prohibited by any rule, 
order or decision of the 
commission. If it is established upon hearing that the person 
charged has been or is committing any unlawful act aeelaFea-te-ee 
~Blaw~,*~-sy ~ 
this chapter or is in violation of any rule, 
order or decision of the commission, 
the court shall enter a 
decree 
~e~~et~al*y enjoining that person from committing further 
eemmi66ieR-~~--t.ha-t.--ae-&-~--aet;ieBs such violations. In case of 
violation of any injunction issued under this section, the court 
shall summarily try and punish the person for contempt of court. 
The existence of other civil or criminal remedies shall-se is no 
defense to this proceeding. 
The 
commission or its authorized 
agent shall ~ not be required to give or post a bond when 
making an application for an injunction under this section. 
Sec. F-20. 7 MRSA §2961, as corrected by RR 1997, c. 2, §29, 
is repealed. 
Sec. F -21. 7 MRSA §2962, first t, as enacted by PL 1985, c. 717, 
§6, is amended to read: 
When the commission, after such investigation as it seems 
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 
69§~ 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 110017 and the Maine 
Rules of Civil Procedure, Rule 80C. 
In responding to such a 
petition, 
the 
commission may 
seek 
enforcement of its order, 
COMMITTEE AMENDMENT 
,~:< 
't.' 
" 
\ 
.r 
\ 
\ .. "-
\.'-
COMMITTEE AMENDMENT .. /4, to H.P. 167, L.D. 216 
including civil penalties for any violation found, and the court, 
if it upholds the order, may order its enforcement, including 
civil penalties. 
Sec. F-22. 7 MRSA §2984, sub-§l, as enacted by PL 1983, c. 
484, §2, is amended to read: 
1. 
Cost 
accounting data. 
Through 
reliance 
upon 
cost 
accounting data, relating to the dealer, gathered or received by 
the commission pursuant to section 
69fj~ 2952-A or 2986 for any 
3-month period within one year preceding and one year following 
the date of an alleged violation, unless the dealer proves that 
changed circumstances render any cost accounting data relied upon 
by 
the 
commission 
incapable 
of 
proving 
that 
the 
violation 
occurred; or 
Sec. F-23. 7 MRSA §2985, sub-§l, as enacted by PL 1983, c. 
484, §2, is amended to read: 
1. 
Cost 
accounting data. 
Through 
reliance 
upon 
cost 
accounting data, relating to the retailer, gathered or received 
by the commission pursuant to section 69fj~ 2952-A or 2986 for any 
3-month period within one year preceding and one year following 
the date of an alleged violation, unless the retail store proves 
that changed circumstances render the cost accounting data relied 
upon by the commission incapable of proving that the violation 
occurred; 
Sec. F-24. 7 MRSA §2986, as enacted by PL 1983, c. 484, §2, 
is repealed and the following enacted in its place: 
§2986. 
Investigations; hearings; inspections 
1. 
Inyestigatex:)' 
powers. 
To 
aid 
the 
commission 
in 
determining if a dealer or retail store is selling fluid milk 
below cost, the commission may: 
A. Conduct investigations and hearings; 
B. 
Subpoena 
and 
examine 
under 
oath 
persons 
possessing 
relevant information, including, but not limited to, dealers 
and 
retail 
stores 
and 
their 
officers, 
agents 
and 
representatives; 
C. 
Subpoena and examine the business records, 
books 
and 
accounts of dealers, retail stores or other persons who 
possess relevant business records, books or accounts; and 
D. Inspect at reasonable times the business records, books 
and accounts of a dealer or retail store at the dealer's or 
store's office or place of business. 
Page l5-LR0275(2) 
COMMITTEE AMENDMENT 
.. ~~$~:,'; 
,\':r 
COMMITTEE AMENDMENT "A" to H.P. 167, L.D. 216 
2. 
Oaths and subpoenas. 
Any member of the commission or 
any employee designated by the commission may sign subpoenas and 
administer oaths to witnesses. 
Sec. F-25. 7 MRSA §3152, sub-§l-A, as amended by PL 1999, c. 
679, Pt. B, §7 and affected by §14, is further amended to read: 
I-A. 
~ase minimum price. 
"Base minimum price" means t:hat: 
~a~t:-~~-~~-m4R4~--G*ass--~r-~~~-~~-~»G-~~-~~~--~Fiee6 
e6t:ae*ishee-~-~~~~-Mi*k-~9ffiffi46649n-~~-~~~hap~~-9Q~ 
t:hat:--e9FFe6~9ne6--t:9 Class I, 
Class II and Class III prices 
established 
pursuant 
to 
the 
northeast 
marketing 
area 
milk 
marketing orderT-~~~~-a&y-~~~-~~~~&&e4-By-~~-Maine 
Mi**-~~&&~&-~~-~~~~~--t:he--~&G~&&G-~~-~--FFge~et:ieR 
~~~6~aRt:-t:e-seet:ieR-6994T-6~e6eet:i9R-aT-~a~a~~a~h-A. 
Sec. F-26. 7 MRSA §3152, sub-§l-B, as amended by PL 1999, c. 
679, Pt. B, §8 and affected by §14, is further amended to read: 
I-B. 
Adjusted base minimum price. 
"Adjusted base minimum 
price" means 
t:hat:-~a£-t:.-~--t.-he--mi-n-:i-R\URl-~1a&s--1-r-G-J:.a.s..sr-l-l--a&El-G*a66 
* * * -¥-i~ 
-e-s-t.-ab-l-i5hed--ey - ~-he-~~ 
-Min - ~-E>Hlffii~-6-i-EH'l--pu-r-suan-t:-- t:e 
eha~t:e~-~-~~-e&~~&F&&El&-t:e-~~~-1-r-G*a6s-II-~~~&&-ttt 
~~iee6-~~a~4~~~-~~--~-t:he-~~~~ea~~-~~4~~~-mi** 
maF*et:i~--9£ee~T the 
base 
m~n~mum price 
plus 
any 
amounts 
established by the Maine Milk Commission to reflect the increased 
costs of production pursuant to section 
2954, 
subsection 2, 
paragraph A. 
Sec. F-27. 7 MRSA §3152, sub-§4-A, as repealed and replaced by 
PL 2001, c. 471, Pt. A, §10 and affected by §11, is amended to 
read: 
4-A. 
Eligible marketing cooperative. "Eligible marketing 
cooperative" means an association of milk producers organized to 
negotiate producer prices higher than the minimum producer prices 
established 
pursuant 
to 
the 
northeast 
marketing 
area 
milk 
marketing order and whieh that the commissioner has determined 
will not, through its operation, evade, impair or undermine the 
purposes of this chapter. 
N9t:w4t:h6-t:.aRe4R~--'l!-i-t;.1e--4T--s&<!-t.-i-on--196T 
s~e6eet:i9R--9--a&G--'l!-~1e--~r-~-i-on--~~~--~~~~-ie£--~7--t:he 
eeffiffii66i9Re~--may--Fev9*e--t:he--e*i~ie*e--6t:at:~6--e~--a--ma~*et:iR~ 
ege~e~at:ive--~p&R--~-~~~~&a~~&--t:hat:---i~--~--~~~--it:6 
e~eFat:ieR-~r--impa-i~~--9F-~~i~--t:.he--p~~&&&-~--t:hi6 
eha~t:eF ... 
Sec. F-28. 7 MRSA §3152, sub-§8, as enacted by PL 1983, c. 
573, §4, is amended to read: 
Page l6-LR0275(2) 
COMMITTEE AMENDMENT 
\,$: 
,v 
COMMITTEE AMENDMENT ,,/+ to H.P. 167, L.D. 216 
8. 
Northern Maine market producer. 
"Northern Maine market 
producer" means 
any Maine milk producer located in Aroostook 
County aaa or Washington CountYT-aaa or that portion of Penobscot 
County north of and including the minor civil divisions 
of 
Medway, T.A.R. 7 and Long A T.W.P. 
sellia~ who sells to a dealer 
determined by the commissioner to be marketing milk on the Maine 
marketT-
or 
any agricultural 
cooperative 
that 
buys milk 
or 
handles milk for such a producer and sells it to such a dealer. 
Sec. F-29. 7 MRSA §3152-A, sub-§l, as enacted by PL 1985, c. 
646, §3, is amended to read: 
1. 
Exemption; pool payments. 
An agricultural cooperative 
waiea that is a producer-dealer under section 3152, subsection 
10T-sRall-se is exempt from payment into and redistributions out 
of the Maine Milk Pool to the extent that the milk sold or 
otherwise distributed by the agricultural cooperative wa1ea-is-a 
~~9a¥ee~-eeale~ 
does 
not 
exceed 
5,000,000 
pounds 
a 
month. 
Nothing in this subsection exempts an agricultural cooperative 
that is a producer-dealer from any other requirements of this 
chapter. 
In any month in which the milk sold or otherwise 
distributed by the agricultural cooperative waiea ~ 
is 
a 
producer-dealer 
exceeds 
5,000,000 
pounds, 
the 
agricultural 
cooperati ve 
waiea--i-s--.a--p-FG4'1i-G&F--Qeale~ shall se--<!-0n6-i-de-t'-ed--1:ae 
Qeale~--~F--~~-~--~R4s--eaa~&er--~r-~~-~£~--9~ make 
payment into and redistributions out of the Maine Milk Pool in 
accordance with this chapter with respect to that milk waiea that 
is in excess of 5,000,000 pounds. 
Sec. F-30. 7 MRSA §3153, sub-§2, as amended by PL 2001, c. 
433, §1, is further amended to read: 
2. 
Collections from dealers. 
saall ~ 
be made as follows. 
Collections 
from dealers 
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. " 
Eaea-MaiBe-fRaFke1:-aealeF 
saall--ffia~e-~&--~~~~-~--~~~~-e~~.ae±46aee--fRiBim¥fR 
e9m~9aea1:-~F4€e6-.a££-~~~~-~-~-G~~~F-e&&~~-fer-1:Re 
COMMITTEE AMENDMENT 
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\..'; 
COMMITTEE AMENDMENT • .p. to H.P. 167, L.D. 216 
BeF~aeas~-~~~-a£ea-~~~-~~~~~-&~~~-~~--Sa~~a±* 
GeaB~YT-~~~-4a-~~-~~~-ehap~~~-~3h--ARY 
aeei~iaRa±-~-~~-~Re-~}u&t~-&a&~-ffii£~~~~~-taat 
wea±a-~-e~e--it~-Ma~£~~a~~~-~~~-pa~&aaB~-~~-taat 
aea±eF~s-~~~~-~~~~J~~~Je£--~a~~-~--Be-~-~~-tae 
Maiae--Mi±k--Pae±T 
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. 
~ae-€emmJ££~e£e£-~~-~-&~-Fa±e 
s~ea-pFeeeaaFes-as-aFe-BeeessaFy-~e-imp±emeB~-~ais-seetieRT 
(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. 
B. 
For any month in which the 
ameaR~-*-..fAOnej'--paya.&*-ta 
pFeaaeeFs-~-~~-aa}as~ea-~~~~~-pFiee-~-~-aea±eF~s 
a~i±iBa~ieB--Fat~-~~-&e--~-~~-~ae-~&-~--maRey 
paya&±e-~e-~h~~-~e£~~~~~~~~~-miBimam-pFiee 
9aSeQ-QpeB-~ae Maine sample payment amount is less than the 
comparable 
Boston 
payment 
amount, 
the 
Maine 
market 
a~i~4sa4:.JeB-~-at.-e-r-~he dealer may deduct the difference from 
the next month' s initial payment to producers 
a~-~-he--aase 
miBimam-pFiee under section 2954-A, subsection 2, paragraph 
A. 
Upon the termination of their business relationship, 
producers 
saa±±--ae are liable to dealers for all sums 
advanced under this paragraph waiea that have 
not been 
recouped by way of deduction. 
C. 
For any month in which the Maine Milk Commission has 
established minimum prices payable to producers that include 
an 
over-order 
premium 
waiea 
that 
the 
commission 
has 
determined is attributable to the activity of an eligible 
marketing cooperative, this paragraph 
saa~.J.-~ppl-y applies. 
Each 
Maine 
market 
dealer 
shall, 
on 
a 
monthly 
basis, 
calculate for its Maine market producers the 
amount of 
Page l8-LR0275(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT • .fj .. to H.P. 167, L.D. 216 
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. ~B-mak4B~-~~~~-r~~~-&Y-Ehi6 
pata~taphT-~~-matkeE-~~~-sha±±-~l1r-iB-~~--eEhet 
tespeeEs-wiEh-ehapEet-9g~T 
D. 
For any month in which the Maine Milk Commission has 
established minimum prices payable to producers that include 
an 
over-order 
premium 
whieh 
~ the 
commission 
has 
determined 
is 
not 
attributable 
to 
the 
activity of 
an 
eligible marketing cooperative, the over-order premium shall 
~ not se pooled. 
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 Ee-el4~4Ble-~~~~~~&~~~-pteaHeetS 
eB-aB-e~Ha±-sasis in accordance with subsection 4. 
GT--~~-~&y-meB~h-~-whieh-~£~~-~-eB±y-~~~-matkeE 
aea±et-6~ajee~-~~~~~~~~~-~~-~r-pa~~Faph-A 
aBa-~~-ffiilk-~~~F-~£~w4£~~~~ihut~-By-~~-aea±et 
aHtiB~--~~-~~-Q~--BeE-~~-~~~-p&Q~Q£7--Ehe 
aaaiEieBa±-paym&B~-~--~h&-aa~HsEea-~£e-~~~~r~-HBaet 
sHssee~ieB-~T-pa~a~~apB-~~~~~~~~~~~~-~eel-iBsEeaa 
mHsE-se-ffiaae-sY-EhaE-aea±et-Ee-iEs-MaiBe-ffiatke~-pteaHeetST 
Sec. F-31. 7 MRSA §31S3, sub-§4, as amended by PL 1999, c. 
679, Pt. B, §l3 and affected by §14, is further amended to read: 
4. 
Redistribution 
of 
pool; 
base 
minimum 
price. 
The 
commissioner 
shall, 
by 
rule, 
adopt 
sHeh 
procedures 
as--ate 
BeeeSSaty to redistribute payments into the Maine Milk Pool aE 
Ehe-~~~~-pFiee 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 et-~~-&y-a~y--ot...lJ:e.r--seaseBa± 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ..fill to H.P. 167, L.D. 216 
aalaRe~R~--~~--Sa9Se~aeR~ly-~~~--aY--~~--Re~~heas~ 
ma~*e~~R~-a~ea-~~~~r~~~~-e~ae~T-~£a~-~~~&-ameaR~ that 
is greater than the amount 
~R~~~al-l-y-payaale 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; 
B. 
If 
the' 
credi t 
iie~--aoflj'--~-oduoe-r---e-a-l-e-,*J:..a.1::e4--aRae~ 
pa~a~Fap&-A against redistribution exceeds the pool payment 
due 
~ha~ ~ producer, that producer shall pay 
aR--arRG-1:iR~ 
e~aal--t-G--~£.e--aif.iieF-eRee into the Maine Milk Pool 
Re~ an 
amount equal to eHeeea the excess or that producer's share 
of 
the 
cost 
of 
promotion, 
whichever 
is 
less. 
The 
commissioner may provide by rule that these amounts shall 
~ 
be 
deducted 
from 
future 
aase--m~Rimam--pF-iee pool 
payments made under this subsection to that producer or from 
eyeF-eF4e-F--p£emiam pool payments due to that producerT--G-F 
~ha~--~~&&-~~-££a~~--ae-~1:iG~-~-~£a~--p~eaaeeF-~s 
aealeF- under subsection 5, or 
from future payments 
iie~-~ha~ 
pF-eaaeeF-~s due to that producer for milk 
aRa--pai4--G'II'e-r--~e 
~he-MaiRe-Milk-Peel-aY-Ehe-aeale~; and 
C. 
If the commissioner determines that payments from the 
pool will be made to dairies, cooperatives or some other 
enti ty as a 
representative of producers, 
then the dai ry, 
cooperative 
or 
other 
representative 
shall 
pay 
to 
the 
producer the amount owed to that producer wi thin such time 
period 
as 
shal-l---ae 
is 
determined 
by 
the 
procedures 
established by rule under this subsection. 
Sec. F-32. 7 MRSA §3153, sub-§5, as amended by PL 1987, c. 
874, §§3 and 4, is further amended to read: 
5. 
Redistribution 
of 
pool; 
over-order 
premium. 
Redistribution of 
payments 
into 
the 
pool 
aRa--~he--iiellewiR~ 
eyeF--9Eae£--pF-emiam6--apply 
~u~n~d~eur~~s~u~b~s~e~c~t&i~o~n~~2L, __ ~p~a~r~a~g~r~a~p~h~~C~~i~s 
governed by this subsection. 
A. 
Saajee~--t;,e.-~~~-f:"7--iieF-
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 
a 
an initial 
redistribution 
eR--~heiF--milk 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 eii--Ehe 
eyeF--eF-aeF--~-em-i-um--wh~eh that ensures that Maine producers 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .~. to H.P. 167, L.D. 216 
who 
are 
receive 
received 
marketing 
following 
not 
members 
of eligible marketing cooperatives 
an 
initial 
redistribution 
equivalent 
to 
that 
by Maine producers who are members of eligible 
cooperatives. The commissioner shall consider the 
factors: 
(1) 
The gross rate of redistribution used by eligible 
marketing cooperatives to calculate payment to their 
members; 
(2) 
Reasonable 
administrative 
and 
other 
deducted by eligible marketing cooperatives 
redistributions made to their members; 
charges 
from the 
(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. 
B. 
The commissioner shall redistribute the remainder of the 
eve~-e~QeE--p~emiQffi 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. 
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 mem:ee~ members are 
excessive, unjust or unreasonable, he the commissioner may 
commence proceedings to revoke the eligible status of the 
cooperative pursuant to section ~~56T-s~:esee~ieB-e 3l55-B. 
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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 167, L.D. 216 
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. 
Sec. F·33. 7 MRSA §3153, sub·§6 is enacted to read: 
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 
Sec. F·34. 7 MRSA §3153·B, sub·§3, as enacted by PL 2003, c. 
648, §2, is amended to read: 
3. 
Determination 
of 
target 
prices. 
The 
Maine 
Milk 
Commission 
shall 
establish 
tiers 
of 
production, 
each 
representing a range of annual production. 
The commission shall 
use the most recent studies conducted in accordance with section 
69§6 2952-A, subsection 3, paragraph A to estimate the short-run 
break-even point within each tier. 
Sec. F·35. 7 MRS A §3154, first 1[, as enacted by PL 1983, c. 573, 
§4, is amended to read: 
In the event that information 
~e,!1:leSl:e~eEl. requested is not 
adequately provided by any dealer, the commissioner may require 
producers who may be eligible for participation in the m~~*-pee~ 
Maine Milk Pool to furnish such reports and other information as 
may be necessary to determine their eligibility and the extent of 
their participation. 
Sec. F·36. 7 MRSA §3154, 4th 1[, as enacted by PL 1987, c. 447, 
§10, is amended to read: 
An 
eligible 
marketing 
cooperative, 
or 
an 
organization 
applying for recognition as an eligible marketing cooperative, 
shall 
furnish 
the 
commissioner all 
information, 
records 
and 
reports necessary for the commissioner to determine and monitor 
the cooperative's initial eligibility and its ongoing compliance 
with this chapter. In addition to any other available remedies, 
the commissioner may 
commence proceedings pursuant to section 
6~§6T--sub&e<l-t-:i-on--9 3l55-B, to revoke the eligible status of a 
cooperative 
wh~eh that willfully fails to provide information, 
records or reports requested by the commissioner. 
Sec. F·37. 7 MRSA §3155·B is enacted to read: 
§3155 B. 
Eligible marketing cooperative; revocation of status 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~, to H.P. 167, L.D. 216 
Notwi thstanding 
section 
3155-A. 
Title 
4. 
section 
152. 
subsection 
and Title 
5, 
section 10051, 
subsection 1, 
the 
commissioner 
may 
revoke 
the eligible status of 
a 
marketing 
cooperative 
upon 
a 
determination 
that it has 
through 
its 
operation evaded, 
impaired or undermined the purposes of this 
chapter. 
PARTG 
Sec. G-l. 
Department recommendations for 
revisions. 
The 
Department of Agriculture, Food and Rural Resources shall develop 
recommendations to address legal ambiguities and other issues in 
the Maine Revised Statutes, Title 7 identified as in need of 
revision by the department and the Office of Policy and Legal 
Analysis. 
The department shall submit legislation to implement 
its recommendations to the Second Regular Session of the l22nd 
Legislature no later than December 15, 2005. The department shall 
seek drafting assistance from the Office of Policy and Legal 
Analysis.' 
SUMMARY 
This amendment adds several parts to the bill. 
Part C makes 
revisions to statutory provisions relating to institutional food 
purchasing. 
It directs the Commissioner of Agriculture, Food 
and 
Rural 
Resources 
to 
establish 
an 
advisory 
committee 
to 
consider expanding the purchase of food that is locally produced. 
It directs the commissioner to convene a working group to discuss 
issues relating to food policy and to submit 
a 
report with 
recommendations 
to 
the 
Second 
Regular 
Session of the 
l22nd 
Legislature. 
It authorizes 
the Joint Standing Committee 
on 
Agriculture, Conservation and Forestry to submit legislation that 
session pertaining to food policy and the promotion of locally 
produced foods. 
Part 
D clarifies 
the 
definition 
and 
use 
of 
the 
word 
"cervids." It removes a time restriction on foals resulting from 
insemination being registered as Maine standardbreds. 
Part E revises the board memberships for the Maine Dairy 
Promotion Board and the Maine Dairy and Nutrition Council. 
Part F makes several clarifications to the Maine milk laws. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~, to H.P. 167, L.D. 216 
Part G directs the Department of Agriculture, Food and Rural 
Resources to submit its recommendations to clarify ambiguities in 
the Maine Revised Statutes, Title 7 and seek drafting assistance 
from the Office of Policy and Legal Analysis. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/31/05 *ac:.. 
LD216 
LR 0275(02) 
An Act To Make Revisions to the Laws Governing Agriculture 
Fiscal Note for Bill as Amended by Committee Amendment "fin 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR0275(2) - Fiscal Note - Page 1 of 1