An Act To
Maine Legislature, Session 123, LD 1954
Committee Amendment CA_A_H813 (House)
Amends: 7 MRSA §1007-A

COMMITTEE AMENDMENT 'R " 
to H.P. 1392, L.D. 1954, Bill, "An Act To 
Amend the Potato Cull Pile Law" 
II 
Amend the bill by striking out everything after the title and before the summary and 
inserting in its place the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, enforcement of laws requiring proper disposal of cull potatoes and 
maintenance of cull potato piles is essential to minimize the threat of disease; and 
Whereas, revisions to the laws governing cull potatoes are needed; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 
MRSA §1007-A, as amended by PL 2005, c. 512, §43, is further 
amended to read: 
§1007-A. Improperly maintaining cull potato piles; public nuisance 
1. Declaration of public nuisance. The Legislature declares that the A2 strain of 
late blight and other potato diseases constitute a clear and present danger to the potato 
industry in the State, which is a significant part of the State's economy. Control of the A2 
strain of potato blight and other potato diseases requires the proper disposal of f**ate cull 
potato piles. The Legislature finds it necessary to exercise the police power of the State 
to require proper disposal of cull potatoes and f**ate cull potato piles and to provide 
procedures for the disposal of these potatoes by the department when the ewttef 
responsible party fails to comply with the requirements of this section. In addition to 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" toH.P. 1392, L.D. 1954 
constituting a civil violation as prescribed in this section, petate cull potato piles that are 
not managed and disposed of in accordance with these requirements are considered a 
public nuisance and are subject to action under Title 17, chapter 91. 
I-A. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Cull potatoes" means: 
(1) Potatoes that are not marketable or usable for human consumption or as seed 
potatoes; 
(2) Potatoes that are used for animal feed; 
(3) 
The residue potatoes left in the field from commercial or seed potato 
production the preceding year; and 
(4) Potatoes that spoil while in storage. 
B. 
"Responsible party" means the owner or lessee of the property on which cull 
potatoes are found or another person determined to be responsible for the potatoes in 
accordance with rules adopted under subsection 3. 
2. Disposal requirements; maintenance of cull potato piles. The owner or lessee 
of any real property on which potatoes are gro'Nn, or on which potato cl:dl piles are 
maintained or disposed of, shall properly dispose of potato cl:llls and cl:III piles in order to 
destroy the A2 strain of potato blight and other potato diseases. The commissioner shall 
adopt rules in accordance with subsection 3 to prescribe the proper acceptable methods 
for disposal of potato culls cull potatoes and petate establish best management practices 
for maintaining cull potato piles. 
Rules adopted pursl:lant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter II A. Proper disposal must 
occur on or before June 10th of each year. }l"o cull piles may be maintained bePNeen June 
10th and October 1 st of each year. By emergency or other rule making procedures, the 
commissioner may vary these dates 'Nhen the type of disposal method or other 
circl:lmstances require that cull piles be destroyed in order to prevent the spread of 
significant disease. Except as provided in rules adopted under subsection 3, all cull 
potatoes must be properly disposed of on or before June 10th of each year. A person who 
keeps a pile of cull potatoes shall maintain the pile in accordance with best management 
practices. 
Upon inspection authorized under subsection 4, the commissioner may 
determine site-specific best management practices for a pile of cull potatoes and order the 
responsible party to comply with these practices. 
3. Rules. The commissioner may shall adopt any rules necessary to implement this 
section in accordance with the Maine Administrative Procedure Act, except that the 
commissioner may shorten or suspend the notice and hearing requirements as necessary 
to respond to any an imminent threat of disease. Prior to adopting any mles under this 
section, the commissioner shall consult ",,'ith the Maine Potato Board except in an 
emergency. In addition, the commissioner may determine best management practices for 
the handling of cull potatoes and cull piles in accordance with Title 17, section 2805. The 
commissioner shall adopt a set of best management practices for the maintenance of cull 
potato piles between June 1 Oth and October 1 st and may adopt a different set of best 
management practices applicable to piles maintained between October 1 st of one year and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. n" to H.P. 1392, L.D. 1954 
June 10th of the following year. The comm issioner may use emergency ru lemaking to 
temporarily vary: 
A. 
The dates established in subsection 2 when circumstances require that cull 
potatoes be disposed of prior to the June 10th date to prevent or minimize the spread 
of disease; 
B. The dates established in subsection 2 when weather or economic circumstances 
allow an extension of the time period during which cull potato piles may be 
maintained without significantly increasing the threat of disease; and 
C. The best management practices prescribed for maintaining cull potato piles when 
these practices are found inadequate to protect against an imminent threat. 
Except in an emergency, the commissioner shall consult with the Maine Potato Board 
prior to adopting rules under this section. Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
4. Department action. The commissl()J1-er may take action to properly dispose of 
potato culls or manage cull potatoes and cull potato piles that violate the requirements of 
this section or any rules of the commissioner adopted to implement this section. The 
commissioner or the commissioner's designee is authorized to enter any property to 
inspect petate cull potato piles and to take any action required to secure their proper 
disposal or management. Designated representatives of the commissioner may, without 
search warrant, enter at reasonable times any real property, other than a building, where 
potatoes are grown, stored, packed, loaded for shipment or handled, and may enter any 
building, either with the consent of the owner, lessee, occupant or agent or pursuant to an 
administrative search warrant. 
Notwithstanding the Maine Rules of Civil Procedure, 
Rule 80E, paragraph (b), the commissioner or the commissioner's designee may obtain an 
administrative search warrant pursuant to this section by describing the premises to be 
entered and the purpose of the inspection or other authorized action and by demonstrating 
that the entry is necessary in order to inspect potato cull piles or otherwise carry out the 
requirements of this section. This demonstration is deemed to be a demonstration of 
probable cause. 
The costs incurred by the department in removing and properly disposing of or managing 
cull potatoes and cull potato piles must be reimbursed by the owner or lessee of the 
property on which the potatoes were found or any other person responsible for the 
potatoes responsible party or parties, each of whom is jointly and severally liable for 
those costs to the department. The department, its employees and agents and any person 
acting on behalf of the department are not liable for any action taken pursuant to this 
section. 
5. Potato Cull Removal Fund. The Potato Cull Removal Fund is established to be 
used by the department to administer and enforce the provisions of this section and to pay 
any expenses of petate cull potato management, removal an4 or disposal. 
The 
commissioner may receive funds from any source to be deposited into this fund, which 
does not lapse. If at any time the balance of the fund falls below $15,000, any penalties 
collected under this section must be deposited into the fund. 
Otherwise, penalties 
collected must be deposited into the General Fund. 
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COMMITTEE AMENDMENT" n 
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6. Civil penalties. Any person who violates any of the requirements of this section 
or any rules adopted under this section commits a civil violation for which a fine of not 
more than $1,000 for each violation, together with not more than $1,000 for each 
succeeding day of a continuing violation, may be adjudged. 
Emergency clause. 
In view of the emergency cited m the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment adds a definition of "responsible party." 
It clarifies the 
Commissioner of Agriculture, Food and Rural Resources' authority to alter the statutory 
dates for the disposal of cull potatoes and management of cull potato piles and to 
prescribe site-specific best management practices. 
FISCA L VHF HE()L IRED 
~ee a~~~.~ed) 
COMMITTEE AMENDMENT 
Approved: 03112/08 frac 
LD 1954 
LR 3085(02) 
An Act To Amend the Potato Cull Pile Law 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations. The coIIection of additional fines may also increase General Fund revenue by minor 
amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Agriculture associated with rulemaking can be absorbed within existing 
budgeted resources. 
LR3085(02) - Fiscal Note - Page I of I