Maine Legislature, Session 123, LD 1992
Committee: Agriculture, Conservation and Forestry
Sponsors: MARTIN, JACKSON, FISCHER, THERIAULT
Amends: 7 MRSA §1012

Legislative Document 
No. 1992 
S.P.786 
December 18, 2007 
All Ad To AIaead tile Laws GoverniDg Agricult1U'a1 Marketing uti 
BarpiDiJIg 
. Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 18, 2007. Referred to the Committee 
on Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed. 
Presented by Senator MARTIN of Aroostook. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative JACKSON of.Allagash and Representatives: FISCHER of 
Presque Isle, THERIAULT of Madawaska. 
Primed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §1012, sub-§I, as amended by PL 1997, c. 606, §2, is further 
amended to read: 
1. Agent. "Agent" means any person who sells or distributes potatoes or rotation 
crops in commerce for or on behalf of producers or others and whose operations may 
include the planting, cultivating, harvesting, grading, packing and furnishing containers, 
supplies or other services. "Agent" does not include an association as defined under Title 
13, section 1774, subsection 3. 
Sec. 2. 7 MRSA §1012, sub-§3, as amended by PL 1981, c. 513, §8, is further 
amended to read: 
3. Broker. "Broker" means any person engaged in the business of negotiating sales 
of potatoes in commerce for or on behalf of the seller or the purchaser, respectively. The 
term "broker" shall Ilflflly applies to nonresidents of this State who carry on such business 
in this State, whether sooft the .!!broker.!! is licensed in the state of hl5 that broker's 
residence or not. "Broker" does not include an association as defined under Title 13, 
section 1774, subsection 3. 
S~. 3. 13 MRSA § 1955, sub-§3, as enacted by PL 1973, c. 621, § 1, is amended 
to read: 
3. Handler. "Handler," iR the ease of flotatoes, meaRS "flFOeessor" as setiRes HAser 
Title 7, seetioR 1012, sHBseetioR 14 ana iR the ease of other agJ'ieHitl:lral )'lFoauets means 
any person engaged in the business or practice of: 
A. Acquiring agricultural products from producers or associations of producers for 
processing or sale; 
B. Grading, packaging, handling, storing or processing agricultural products received 
from producers or associations of producers; 
C. Contracting or negotiating contracts or other arrangements, written or oral, with 
or on behalf of producers or associations of producers with respect to the production 
or marketing of any agricultural product; or 
D. 
Acting as an agent or broker for a handler in the performance of any function or 
act specified in paragraph A, B or C. 
In the case of potatoes, "handler" means a processor as defined under Title 7, section 
1012, subsection 14 or a person acting as an agent or broker for a processor located or 
licensed in the State. 
SUMMARY 
This bill amends the laws governing agricultural marketing and bargaining by 
amending the definition of "handler" to define that term as it pertains to potatoes. The 
I 
bill also amends the definitions of "agent" and "broker" to exclude from those definitions 
associations that are cooperative associations of agricultural producers.