An Act To Protect Maine Farms and Nurseries
Maine Legislature, Session 124, LD 1585
Committee Amendment CA_A_H620 (House)

COMMITTEE AMENDMENT "A " 
to H.P. 1123, L.D. 1585, Bill, "An Act To 
Protect Maine Farms and Nurseries" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Enhance Protection of Maine Farms and Nurseries' 
Amend the bill by striking out everything after the title and before the summary and 
insel1ing the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
. become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the identification of shipments of tomato seedlings coming into the State 
for commercial sale is needed to facilitate monitoring for disease; and 
Whereas, the introduction of disease can devastate tomato crops of both commercial 
growers and home gardeners; and 
Whereas, shipments for the 2010 growing season will begin prior to the effective 
date of nonemergency legislation; 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 by the People of the State of Maine as follows: 
Sec. 1. 
Commissioner of Agriculture, Food and Rural Resources to 
require notice of shipment of tomato seedlings into the State. Resolved: That 
the Commissioner of Agriculture, Food and Rural Resources shall adopt rules under the 
Maine Revised Statutes, Title 7, section 22 I 7 to require a person shipping tomato 
seedlings into the State for ultimate sale at the wholesale or retail level to notify the State 
H0I1icuiturist prior to shipping. 
The commissioner shall ensure that the rules are 
COMMITTEE AMENDMENT 
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II 
COMMITTEE AMENDMENT'~ " 10 I-J.P. ) 123, L.D. 1585 
established to facilitate monitoring of tomato seedlings coming into the State during the 
10 growing season; and be it fmiher 
Sec. 2. 
Commissioner of Agriculture, Food and Rural Resources to 
review license fees for owners of plant nurseries and dealers in nursery stock. 
Resolved: That the Commissioner of Agriculture, Food and Rural Resources shall 
review license fees authorized under the Maine Revised Statutes, Title 7, section 2171 
and established in Chapter 267 of the Department of Agriculture, Food and Rural 
Resources's rules. The commissioner shall research fees for licenses to sell nursery stock 
in other states and consider the advisability of a license fee structure with more than 2 
tiers based on gross annual sales of nursery stock and square footage dedicated to nursery 
stock or a combination of these 2 or other parameters. 
The commissioner shall also consider the benefit of establishing a dedicated account 
to receive license fees for plant nurseries and dealers of nursery stock, estimate· the 
amount of dedicated revenue generated and determine the optimal use of the revenue to 
provide inspection and other services to protect growers in the State; and be it further 
Sec. 3. 
Commissioner of Agriculture, Food and Rural Resources to 
report recommendations; Resolved: Tha:t the Commissioner of Agricolture, Food 
and Rural Resources shall report to the joint standing committee of the Legislature having 
jurisdiction 
over 
agriculture 
matters 
no 
later than 
January 
15, 
II 
with 
recommendations regarding fees for licenses to sell nursery stock and the advisability of 
establishing a dedicated account to receive license fees. 
If the commissioner's recommendations include revisions to the Department of 
Agriculture, Food and Rural Resources's existing fees, the commissioner shall: 
I. Provisionally adopt amendments to Chapter 267 of the department's rules to 
implement the recommendations and submit the provisionally adopted rule to the First 
Regular Session of the 125th Legislature for review as a major substantive rule in 
accordance with the Maine Revised Statutes, Title 5, section 8072; or 
2. Submit a bill to the First Regular Session of the 125th Legislature to establish in 
statute fees for licenses to sell nursery stock. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
The amendment replaces the bill with a resolve directing the Commissioner of 
Agriculture, Food and Rural Resources to adopt a rule requiring a person shipping tomato 
seedlings into the State to notify the State Horticulturist prior to shipment. 
It also 
. requires the commissioner to examine license fees in other states, consider the benefits of 
a dedicated account to receive license fees and make recommendations to the Joint 
Standing Committee of the Legislature having jurisdiction over agriculture matters 
regarding licenses to sell nursery stock. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 02/0411 0 frac::.. 
LD 1585 
LR 2215(02) 
An Act To Protect Maine Farms and Nurseries 
Fiscal Note for Bill as Amended by Committee Amendment ''A'' 
Committee: AgricultUl"e, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Agriculture, Food and Rural Resources associated with rulemaking and 
reviewing license fees for owners of plant nurseries and dealers in nursery stock can be absorbed within existing 
budgeted resources. 
LR2215(02)-FiscaINote-Page I 01'1