An Act To Amend the Potato Cull Pile Law
Maine Legislature, Session 123, LD 1954
Committee: Agriculture, Conservation and Forestry
Sponsors: LUNDEEN, SHERMAN, CARTER, MAREAN, PIEH

Legislative Document 
No. 1954 
H.P.1392 
House of Representatives, December 20, 2007 
An Act To Amend the Potato Cull Pile Law 
Submitted by the Department of Agriculture, Food and Rural Resources pursuant to Joint 
Rule 204. 
Received by the Clerk of the House on December 18,2007. Referred to the Committee on 
Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 401. 
Presented by Representative LUNDEEN of Mars Hill. 
Cosponsored by Senator SHERMAN of Aroostook and 
!rJ~/J7.~ 
Mll..LICENT M. MacFARLAND 
Clerk 
Representatives: CARTER of Bethel, CRA Y of Palmyra, MAREAN of Hollis, PIEH of 
Bremen. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRS A §l007-A, as amended by PL 2005, c. 512, §43, is further 
amended to read: 
§1007-A. Improperly maintaining potato cull 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 potato cull 
piles. The Legislature finds it necessary to exercise the police power of the State to 
require proper disposal of cull potatoes and potato cull piles and to provide procedures for 
the disposal of these potatoes by the department when the owner or lessee of the property 
on which the potatoes were found or any other person responsible for the potatoes fails to 
comply with the requirements of this section. In addition to constituting a civil violation 
as prescribed in this section, potato cull piles that are not managed and disposed of in 
IS 
accordance with these requirements are considered a public nuisance and are punishable 
under Title 17, section 2805. 
I-A. Definitions. As used in this section, the following terms have the following 
meanmgs. 
A. "Cull potatoes" means: 
(I) 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. "Potato cull pile" means a pile of cull potatoes. 
2. Disposal requirements. The owner or lessee of aA)' real property OA WhiSh 
potatoes are growA, or OA whiCh potato c\:I1I piles are maiAtaiAed or disposed of, the 
property on which cull potatoes were found or any other person responsible for the 
potatoes shall properly dispose of potato c\:IlIs cull potatoes and potato cull piles iR order 
to destroy the 1\2 straiA of potato blight aAd other potato diseases. Proper disposal must 
occur on or before June 10th of each year. Except as provided in subsection 2-A or 
pursuant to emergency rule adopted pursuant to subsection 3, potato cull piles may not be 
maintained between June 10th and October 1 st of each year. The commissioner shall 
adopt rules in accordance with subsection 3 to prescribe the proper disposal of petate 
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cull potatoes and potato cull piles. R\:Iles adopted p\:lrS\:laRt to this sectioA are rO\:ltiRe 
techAical F\:Iles as defiAed iA Title 5, Chapter 375, s\:lbchapter II 1\. Proper disposal ml:lst 
occ\:Ir OA or before ]\:IAe 10th of eaCh )'ear. No cI:I1I piles rna)' be maiAtaiAed betweeA ]I:IAe 
10th aAd October 1 st of each year. B)' emergeAcy or other rule mal(iAg procedl:lres, tHe 
commissioRer may '/ar;' these dates wheA the type of disposal method or other 
Page I - 123LR3085(OI)-t 
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circumstances require that cull piles be destroyed In order to pre'fent the spread of 
significant disease. 
2-A. 
Management requirements. 
The commissioner may establish best 
management practices for managing potato cull piles between October 1 st each calendar 
year and June 10th of the following year. In addition, the commissioner may establish 
best management practices for managing potato cyll piles in the event that having a 
potato cull pile is unavoidable between June 10th and October 1 st. The owner or lessee 
of the property on which cull potatoes were found or any other person responsible for the 
potatoes shall properly manage the cull potatoes and potato cull piles according to the 
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prescribed best management practices. The commissioner shall adopt rules in accordance 
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with subsection 3 to prescribe the proper management of cull potatoes and potato cull 
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piles. 
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3. Rules. The commissioner may shall adopt any rules necessary to implement this 
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section in accordance with the Maine Administrative Procedure Act, except that the 
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commissioner may shorten or suspend the notice and hearing requirements as necessary 
to respond to any threat of disease. By emergency or other rule-making procedures, the 
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commissioner may vary the dates set out in subsections 2 and 2-A when the type of 
disposal method or other circumstances require that potato cull piles be destroyed in order 
to prevent the spread of significant disease. Prior to adopting any rules under this section, 
the commissioner shall consult with the Maine Potato Board except in an emergency. ffi 
2) 
addition, the commissioner may determine best management practices for the handling of 
cull potatoes and cull piles in accordance 'Nith Title 17, section 2805. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
4. Department action. The commissioner may take action to properly dispose of 
potato culls or manage cull potatoes and potato cull 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 potato cull 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. 
4) 
The costs incurred by the department in removing and properly disposing of or managing 
cull potatoes and potato cull 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, each of whom is jointly and severally liable for those costs to the department. 
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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 potato cull management, removal anti 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. 
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. 
SUMMARY 
This bill strengthens the laws pertaining to potato cull piles and establishes 
requirements for the management of potato cull piles. The bill expands responsibility for 
disposal and management of cull potatoes and potato cull piles beyond landowners to 
lessees and other persons responsible for the potatoes. 
The bill authorizes the 
Commissioner of Agriculture, Food and Rural Resources to establish best management 
practices for managing potato culls and potato cull piles.