An Act To Amend Certain Laws Related to the Department of Agriculture, Food and Rural Resources
Maine Legislature, Session 124, LD 1255
Committee: Agriculture, Conservation and Forestry
Sponsors: McCABE, NUTTING, EDGECOMB, KENT, O'BRIEN, PIEH
Amends: 7 MRSA §2104-A, 7 MRSA §2701, 22 MRSA §1471-N, 22 MRSA §2153, 22 MRSA §2169, 22 MRSA §2513

FIRST RF,GUJ JAR SESSION-2009 
Legislative Document 
No. 1255 
H.P.874 
House of Re12resentatives, March 31, 2009 
An Act To Amend Certain Laws Related to the Department of 
Agriculture, Food and Rural Resources 
Submitted by the Department of Agriculture, Food and Rural Resources pursuant to Joint 
Rule 204. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative McCABE of Skowhegan. 
Cosponsored by Senator NUTTING of Androscoggin and 
111~ 
1/7, 7JJac~{ 
MILLICENT M. MacFARLAND 
Clerk' 
Representatives:'CRAY of Palmyra, EDGECOMB of Caribou, KENT of Woolwich, O'BRIEN 
of Lincolnville, PIEH of Bremen. 
PrilllCLll.l1l recycled pnpcr 
Be it enacted by the People of the State of Maine as follows: 
, Sec. 1. 7,MRSA §742, sub-§8 is amended to read: 
8. Grade. "Grade" means any 'commercial fertilizer having a specific iif!d minimum 
percentage of plant nutrients that is the same guarantee as the guaranteed analysis, 
expressed in whole numbers. 
Sec. 2. 7 MRSA §2104-A is enactedto read: 
§2104-A. Arrears in payments to Seed Potato Board 
A person who on July 15th of any year is in arrears as to full payment for potato seed 
purchased from the Seed Potato Board is not eligible for listing in the Maine certified 
seed potatoes book for that year published by the aepartment's Division of Plant Industry. 
Sec. 3. 7 MRSA §2701, as amended by PL 1999, c. 401, Pt. H, §2, is further 
amended to read: 
§2701. Licensing 
All persons owning honeybees within the State shall annually notify the' 
commissioner of the keeping of bees and the location of the bees and shall forward to the 
commissioner for deposit with the Treasurer of State an annual license fee not to exceed 
$2 per colony for all bees kept,on June 15th of each year. A license may .be iss,ued for a_ 
one year, 2 year or 3 year period. Licenses for a period in eJwess of one year may be 
issued only \vith the agreement of or at the request of the applicant. The fee for a 2 year 
license is 2 times the annual fee. The fee for a 3 year license is 3 times the annual fee. 
Fees must be established by rule in accordance with the Maine Administrative Procedure 
Act. No license fee returned may be less than $2 per beekeeper. License fees accrue as a 
dedicated revenue to the Division of Plant Industry to fund the cost of apiary inspection 
and licensing. 
Between 14 and 30 days. prior to June 15th annually, the commissioner shall cause 
notiCe of the annual notification and license fee requirement to be published at least hvice 
in the state newspaper and in other ne\vspapers or journals of general circulation adequate 
to provide reasonable notice throu!!hout the State publicized. 
. 
, 
Sec. 4. 22 MRSA §1471-N, as amended by PL 1979, c. 187, is repealed. 
Sec. 5. 22 MRSA §2153, as amended by PL 1977, c. 694, §§346 and 347, IS 
further amended by adding at the end a new paragraph to read: 
Notwithstanding Title 1, section 402, the commissioner shali prohibit the release of 
information provided by the United States Department of Agriculture, Food Safety and 
Inspection Service pursuant to 9 Code of FederaJ Regulations, Section 390.9 (2008) or by 
the Food and Drug Administration pursuant to 21 Code of Federal Regulations, Section 
20.88 (2008). 
Page I - 124LR04S6(OI)-1 
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Sec. 6. 22 MRSA §2169, 3rd .,-r, a~ enacted by PL 1999, c. 598, § I and affected 
by §4, is amended to read: 
Beginning August I, 2000, each one-, 2- or 3-year license or license renewal issued 
expires on December 31 st of the appropriate year except that, beginning January I, 20 I 0, 
each 'one-year, 2-year or 3-year license or license renewal expires on the date of issuance 
of the appropriate year. When an initial license is issued or when a license is renewed 
between August 1, 2000 and August I, 2003, the license fee is prorated based on the 
number of months the license is valid and the annual fee. When a license is renewed 
between January I, 2010 and January 1,2011, the period of time that the license is valid 
may be increased by up to II months and the license fee is prorated based on the number 
of months the license is valid and the annual fee. 
Sec. 7. 22 MRSA §2513, as enacted by PL 1999, c. 777, § I, is amended to read: 
§2513. Rules 
, The commISSIOner shall adopt rules to carry out the purposes of this chapter. 
Notwithstanding Title 5, section 8052, subsection 8, such rules may adopt by general 
reference those provisions of the Code of Federal Regulations that are applicable to meat 
and poultry iilspection, as such regulations may be amended, and that are necessary to 
remain in compliance with the federal requirements for the State's meat and poultry 
products inspection and licensing program under section 2512. Rules adopted under this 
chapter are routine technical rules as defined in Title 5, chapter 375, subchapter lI-A 2-A. 
SUMMARY 
The bill allows the Department of Agriculture, food and Rural Resources to withhold 
from listing in the annual Maine seed certification book the names of growers who have 
failed to pay for seed purchased from the Seed Potato Board. 
' 
The bill directs the department to set through mlemaking fees for the cost of licensing 
bee colonies. 
The bill creates uniformity between state and federal standards for chemical control 
'of vertebrates. 
The bill staggers the exp'iration dates -of certain licenses issued by the department, 
adopts portions of the Code of Federal Regulations peliaining to the State's meat and 
poultry inspection program and creates uniformity with federal standards pertaining to 
certain information provided by the United States Department of Agriculture, Food 
Safety and Inspection Service and the United States Food and Drug AdminIstration.