An Act To
Maine Legislature, Session 123, LD 1992
Committee Amendment CA_A_S442 (Senate)
Amends: 7 MRSA §1017

COMMITTEE AMENDMENT ",I{ " to S.P. 786, L.D. 1992, Bill, "An Act To 
Amend the Laws Governing Agricultural Marketing and Bargaining" 
Amend the bill by striking out all of sections I and 2 and inserting the following: 
'Sec. 1. 7 MRSA §1017, sub-§4, as amended by PL 2005, c. 333, §3, is further 
amended to read: 
4. 
Notification of insufficient or no payment. Producers may notify the 
Department of Agriculture, Food and Rural Resources of insufficient or no payment for 
potatoes or rotation crops after acceptance by any processor, dealer, broker, agent or 
retailer in the State in violation of subsection 1, paragraph B. 
A. 
The Commissioner of Agriculture, Food and Rural Resources or the 
commissioner's agent, upon notification by producers of insufficient or no payment, 
shall immediately investigate the complaint and shall, in a manner consistent with the 
provisions of the Maine Administrative Procedure Act as to adjudicatory 
proceedings, hold a hearing, unless such hearing is waived by the processor, dealer, 
broker, agent or retailer against whom the charge has been made. The processor, 
dealer, broker, agent or retailer accused of nonpayment shall provide the 
commissioner with a copy of the contract, if any, and all other materials and 
information to enable the commissioner to carry out the provisions of this section. 
Upon finding after investigation that the processor, dealer, broker, agent or retailer 
has violated the contract, express or implied, the commissioner may recover the 
proceeds of the bond required by section 10 15 and apply those proceeds against the 
amounts owed producers. In the event the bond proceeds are inadequate to cover the 
debts owed producers, the commissioner shall require the processor, dealer, broker, 
agent or retailer to post an additional bond sufficient to cover the remaining debt 
owed to the producer or producers. 
(1) 
The commissioner, after determination upon a hearing of insufficient 
payment or nonpayment of debts owed to a producer, may require the licensee, 
who has been aeel:lsed or found gl:lilty after a hearing of insl:lffieient payment or 
COMMITTEE AMENDMENT 
't')o 
.~v· 
COMMITTEE AMENDMENT "A" to S.P. 786, L.D. 1992 
nonpayH'lent of debts owed a prodl:leer, to formulate a schedule of payments to 
the producer that is satisfactory to the commissioner. The schedule of payments 
may not exceed a 30-day period. 
(2) The licensee aeel:lsed of or fol:lnd by, who after a hearing is determined to be 
in default of payment to a producer~ shall submit a payment schedule to the 
commissioner within one week from the commissioner's request for a payment 
schedule. In the event that the schedule of payment is not satisfactory to the 
commissioner, the commissioner shall establish the schedule of payment not to 
exceed a 30-day period. 
(3) The commissioner shall file a complaint with the District Court seeking to 
suspend the license of any licensee who fails to conform to the payment schedule 
established in this section until the producer is paid the total claim to which the 
producer is entitled. 
(4) Upon the filing of a complaint by the commissioner in the District Court, the 
licensee shall post a bond sufficient to cover the total claim owed the producer on 
the date on which the complaint is filed. The bond required for an appeal 
procedure may be waived by the District Court in the event that the bond required 
in paragraph A is valid and sufficient to cover the total claim owed the producer. 
(5) Nothing in this section may be construed to prohibit a producer from seeking 
redress for insufficient payment or nonpayment from licensees in any court or in 
accordance with any federal procedure established to obtain redress.' 
Amend the bill in section 3 in subsection 3 by striking out all of the blocked 
paragraph (page 1, lines 31 to 33 in L.D.) and inserting the following: 
'In the case of potatoes, "handler" means a processor as defined under Title 7, section 
1012, subsection 14 or a person or company acting as an agent, broker or dealer as 
defined under Title 7, section 1012, subsections 1, 3 and 5, respectively, for a processor 
located or licensed in the State and providing more than 100,000 hundredweight of 
potatoes annually to anyone processor.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment removes the sections of the bill that proposed amending definitions 
under the licensing laws for the marketing of potatoes. 
It amends the provision by which the Department of Agriculture, Food and Rural 
Resources responds to notices that producers have not been sufficiently paid by 
processors to include insufficient payment by dealers, brokers, agents or retailers. It 
clarifies that a determination of insufficient payment is made at a hearing. 
It amends the definition of "handler" under the Maine Agricultural Marketing and 
Bargaining Act of 1973 as it applies to potatoes to include a processor or a person or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
"to S.P. 786, L.D. 1992 
company acting as an agent, broker or dealer for a processor that provides more than 
100,000 hundredweight of potatoes annually to a processor. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/20/08
LD 1992
LR 2832(02)
Fiscal Detail and Notes
Additional costs to the Department of Agriculture, Food and Rural Resources associated with potential rule making 
can be absorbed within existing budgeted resources. 
Fiscal Note
Minor cost increase - General Fund
An Act To Amend the Laws Governing Agricultural Marketing and Bargaining
Fiscal Note for Bill as Amended by Committee Amendment "     "
Committee: Agriculture, Conservation and Forestry
Fiscal Note Required: Yes
LR2832(02) - Fiscal Note - Page 1 of 1