An Act To_ Clarify Exemptions in the Milk Handling Fee (AFTER DEADLINE)
Maine Legislature, Session 124, LD 1788
Committee: Agriculture, Conservation and Forestry
Sponsors: FLEMINGS, NASS, BERRY, CLEARY, O'BRIEN, PIOTTI, PRATT, SMITH, JACKSON

Legislative Document 
No. 1788 
H.P.1276 
House of Representatives, February 22,2010 
An Act To_ Clarify Exemptions in the Milk Handling Fee 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
, 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative FLEMINGS of Bar Harbor. . 
Cosponsored by Senator NASS of York and 
17/~ 
1I1.7!!0£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BERRY of Bowdoinham, CLEARY of Houlton, EATON ofSullivaI}, 
O'BRIEN of Lincolnville, PIOTTI of Unity, PRATT of Eddington, SMITH of Monmouth, 
Senator: JACKSON of Aroostook. 
Printed on recycled pilper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas,· this legislation needs to. take effect as soon as possible in order to provide 
a credit for any fee paid with respect to the sale or shipment of packaged milk outside this 
State by a person other than the handler thatpaid the fee; 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 bytbe People oftbe State of Maine as follows: 
Sec. 1. 36 MRS A §4903 is enacted to read: 
§4903. Credit 
1. Credit" allowed. A handler of packaged milk may claim a credit for any fee paid 
pursuant to this chapter with respect to the sale or shipment of packaged milk outside this 
State by a person other than the handler that paid the fee as long as that milk is not later 
imported for sale into this State . 
. 2. Claim for credit. A handler claiming a credit under this section must file a claim 
with the assessor within 30 days following the date on which the milk handling fee was· 
paid by the handler. The credit must be claimed on the report required under section 
4902, subsection 5. The claim must be accompanied by a statement, prescribed by the 
assessor, made under penalty of perjury that the packaged milk upon which a fee was 
reported and paid has been delivered outside the State by a 3rd party and that the milk 
will not be later sold. in this State. The credit claim must be accompanied by such 
additionalinfonnation as the assessor may require. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill· provides a credit to a milk handler for any fee paid pursuant to the law 
governing milk handling with respect to the sale or shipment of packaged milk outside 
this State by a person other than the handler that paid the fee as long as that milk is not 
later imported for sale into this State. 
Page I - 124LR2S33(Ol)-1 
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