An Act To Amend Certain Laws Related to the Department of Agriculture, Food and Rural Resources
Maine Legislature, Session 124, LD 1255
Committee Amendment CA_A_H440 (House)
Amends: 7 MRSA §125, 22 MRSA §2153

COMMITTEE AMENDMENT" fr" to H.P. 874, L.D. 1255, Bill, "An Act To 
Amend Certain Laws Related to the Department of Agriculture, Food and Rural 
Resources" 
Amend the bill by inserting before section 1 the following: 
'Sec. 1. 7 MRSA §125, sub-§2, as enacted by PL 1997, c. 711, §5, is amended to 
read: 
. 
2. Membership. The board consists of the following +9 20 members: 
A. 
A designee of the President of the University of Maine at Orono; 
B. 
A designee of the Chancellor of the University of Maine System; 
C. 
The Commissioner of Agriculture, Food and Rural Resources or the 
commissioner's designee; 
D. 
The president of a statewide farm bureau or the president's designee; 
E. 
The president of a statewide agricultural council or the president's designee; 
F. 
Eight members representing the agricultural industry, one person designated by 
each of the following: 
(1) The Maine Potato Board; 
(2) The Wild Blueberry Commission of Maine; 
(3) A statewide pomological society; 
(4) A.statewide vegetable and small fruit growers association; 
(5) A statewide dairy industry association; 
(6) A statewide landscape and nursery association; 
(7) A statewide florist and growers association; and 
COMMITTEE AMENDMENT 
COMMllTEE AMENDMENT·A "to H.P. 874, L.D. 1255 
(8) A statewide organic fanners and gardeners association; 
G. 
Two members of the joint standing committee of the Legislature having 
jurisdiction over agricultural matters, one appointed by the President of the Senate 
and one appointed by the Speaker of the House; 
H. 
One farmer with livestock experience in an area other than dairy farming, 
chosen from a list of 3 nominees submitted by a statewide beef and sheep producers 
association, appointed by the Governor; 
I. 
Two research faculty members associated with agricultural research at the 
University of Maine at Orono, appointed by the Board of Trustees of the University 
of Maine System; aOO 
r 
J. 
The Director of the University of Maine Cooperative Extension Service~; and 
K. 
One member representing the aquaculture industry designated by a statewide 
aquaculture industry association.' 
Amend the bill in section 3 in §2701 (page 1, lines 14 to 24 in L.D.) by striking out 
all of the first indented paragraph and inserting the following: 
'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 e)weed 
$2 per colony for all bees kept on June 15th of each year. A license may be issued for a 
one year, 2 year or 3 year period. Licenses fur a period in excess of one year may be 
issued only '.vith the agreement of or at the request of the applicant. The fee fur a 2 year 
license is 2 times the annual fee. The fee fur a 3 year license is 3 times the annual fee. 
Fees must be established by rule in accordance with the Maine Administrative Procedure 
Aet. No license fee returned may be less than $2 per beekeeper. Notwithstanding Title 5, 
section 8071, subsection 3, rules adopted under this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. License fees accrue as a dedicated 
revenue to the Division of Plant Industry to fund the cost of apiary inspection and 
licensing.' 
Amend the bill by striking out all of section 5 and inserting the following: 
'Sec. 5. 22 MRSA §2153, sub-§l is enacted to read: 
1. Confidentiality. Records designated as confidential by the commissioner under 
this subsection are not public records. The commissioner shall designate as confidential 
and shall prohibit the release of information provided to the department or to any 
employee of the department by the United States Department of Agriculture, Food Safety 
and Inspection Service pursuant to 9 Code of Federal Regulations, Section 390.9 (2008) 
or by the Food and Drug Administration pursuant to 21 Code of Federal Regulations, 
Section·20.88 (2008) to the extent that such information is designated or otherwise 
identified pursuant to such regulations as confidential or required under the regulations to 
be protected from public disclosure.' 
Amend the bill in section 7 in §2513 in the 2nd line (page 2, line 15 in L.D.) by 
striking out the following: "Notwithstanding Title 5, section 8052, subsection 8, such 
COMMITTEE AMENDMENT 
), 
) 
, ) 
) 
) 
) 
') 
(. , 
r 
I 
() 
_f~~ 
~ffi t:;~t. v' 
~~ 
.. Q"I 
COMMlITEE AMENDMENT" A" to H.P. 874, L.D. 1255 
rules may adopt by general" and inserting the following: 'Rules adopted under this section 
may incorporate by' 
Amend the bill by inserting after section 7 the following: 
'Sec. 8. Appropriations and allocations. The following appropriations and 
allocations are made. 
AGRICULTURE, FOOD AND RURAL RESOURCES, DEPARTMENT OF 
Division of Plant Industry 0831 
Initiative: Provides one-time funding for rule-making costs. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
SUMMARY 
This amendment: 
2009-10 
$2,500 
$2,500 
2010-11 
$0 
$0 
1. Modifies the Board of Agriculture to allow certain members to appoint designees 
to serve in their stead and adds a 20th member to represent the aquaculture industry; 
2. Provides that the annual beekeeper license fee is to be established in routine 
technical rules of the Department of Agriculture, Food and Rural Resources; 
3. Clarifies the provision of the bill relating to confidentiality of certain information 
obtained from the Federal Government to make it clear that only information that is 
designated pursuant to federal rules as confidential or required to be protected from 
public disclosure is exempted from the State's public records law; and 
4. Clarifies the language of the bill relating to the incorporation of certain federal 
rules applicable to meat and poultry inspection into rules of the Department of 
Agriculture, Food and Rural Resources. 
It also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/24/09 %pac:.. 
LD 1255 
LR 456(02) 
An Act To Amend Certain Laws Related to the Department of Agriculture, Food and Rural Resources 
. Fiscal Note for Bill as Amended by Committee Amendment ,4, 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
Projections 
2011-12 
Projections 
2012-13 
A ppropriations/ Allocations 
Other Special Revenue Funds 
Revenue 
$2,500 
$0 
$0 
$0 
Other Special Revenue Funds 
$3,448 
$3,448 
$3,448 
$3,448 
Fiscal Detail and Notes 
The bill includes a one-time Other Special Revenue Funds allocation of $2,500 in fiscal year 2009-10 to the 
Department of Agriculture, Food and Rural Resources for rulemaking. Other Special Revenue Funds revenue is 
expected to increase by $3,448 beginning in fiscal year 2009-10 based upon the assumption that license fees for 
persons with 100 beehives or less would increase to $10. 
LR0456(02) - Fiscal Note - Page 1 of 1 
\ 
) 
) 
') 
')