An Act To Allow the Maine Wild Mushroom Harvesting Certification Program To Be Self-funded
Maine Legislature, Session 125, LD 1823
Committee Amendment CA_A_H823 (House)
Amends: 22 MRSA §2175

COMMITTEE AMENDMENT "A " 
to H.P. 1343, L.D. 1823, Bill, "An Act To 
Allow the Maine Wild Mushroom Harvesting Certification Program To Be Self-funded" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Amend the Maine Wild Mushroom Harvesting Certification Program' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §2175, as enacted by PL 2011, c. 412, §2, is amended to read: 
§2175. Maine Wild Mushroom Harvesting Certification Program 
1. 
Program established; training approval. 
The Maine Wild Mushroom 
Harvesting Certification Program is established to ensure that properly trained persons 
harvest, broker and sell wild mushrooms in order to protect public health and the safety of 
the food supply. The program is administered by the Department of Health and Human 
Services for the purpose of establishing educational, training and certification 
requirements for persons who commercially harvest, broker and or sell wild mushrooms 
in this State. The Commissioner of Health and Human Services shall certify persons duly 
qualified in the field of 'Nild mushroom harvesting, brokering and selling approve training 
programs provided by persons or entities outside the department in accordance with the 
recommendations of the Maine Wild Mushroom Harvesting Advisory Committee under 
subsection 5. 
2. 
Certification of wild mushroom harvesters, brokers or sellers. 
The 
Commissioner of Health and Human Services, upon consultation with the Maine Wild 
Mushroom Harvesting Advisory Committee under subsection 5, shall certify persons,--in 
accordance with the certification requirements de'/eloped by the committee pUi"suant to 
subsection 5, paragraph B, with appropriate training in mushroom harvesting, brokering 
and or selling experience to sell, transfer or otherwise deliver wild mushrooms within the 
State. Certification is valid for a period not to exceed 5 years, unless the Department of 
Health and Human Services, by rule, establishes another certification period. 
COMMITTEE AMENDMENT 
· It$;!ti' 
i~,'" , 
'\"~ 
COMMITTEE AMENDMENT" R" to [J.P, 1343, LD, 1823 
3. Refusal to certify; revocation of certification. The Department of Health and 
Human Services may decline to certify any person detennined to lack the appropriate 
experience or ability training to safely harvest, broker or sell wild mushrooms, in 
accordance with recommendations of the Maine Wild Mushroom Harvesting Advisory 
Committee under subsection 5 and rules adopted by the Department of Health and 
Human Services pursuant to this section, The Department of Health and Human Services 
may revoke, in accordance with the Maine Administrative Procedure Act, the 
certification of any person in accordance with recommendations of the Maine Wild 
Mushroom Harvesting Advisory Committee and rules adopted by the Department of 
Health and Human Services pursuant to this section. 
4. Registry. 
The Department of Health and Human Services shall maintain a 
registry of all applicants for certification and of all certificates issued by the Department 
of Health and Human Services under this section. 
5. Maine Wild Mushroom Harvesting Advisory Committee. The Maine Wild 
Mushroom Harvesting Advisory Committee, as established in Title 5, section 12004-1, 
subsection 47-H, and referred to in this subsection as "the committee," is governed by the 
following provisions: 
A. The committee consists ofthe following 12 members: 
(1) The director of the division of environmental health within the Department of 
Health and Human Services, or the director's designee, who shall serve as a 
cochair of the committee; 
(2) The director of the division of quality assurance and regulation within the 
Department of Agriculture, Food and Rural Resources, or the director's designee, 
who shall serve as a cochair of the committee; 
(3) The president of a statewide mycological association, or the president's 
designee, appointed by the Governor; 
(4) A representative of a statewide mycological association, appointed by the 
Governor; 
(5) The Dean of the College of Natural Sciences, Forestry, and Agriculture at the 
University of Maine, or the dean's designee; 
(6) 
The director of a northern New England poison control center, or the 
director's designee, appointed by the Governor; 
(7) A health inspector from the Depmtment of Health and Human Services 
appointed by the Commissioner of Health and Human Services; 
(8) 
A representative of a statewide restaurant association, appointed by the 
Governor; 
(9) One representative of the wild mushroom foragers community, appointed by 
the Governor; 
(10) One representative of the wild mushroom brokers community, appointed by 
the Governor; 
COMMITTEE AMENDMENT 
"'" {!F-:~( 
(~.~ 
.::j' 
",If 
COMMITTEE AMENDMENT "H" to H.P. 1343, L.D. 1823 
(11) A chef or other individual with experience in the commercial preparation of 
food, appointed hy the Governor; and 
(12) 
A person experienced in the wholesale sale and distribution of food 
products, appointed by the Governor; 
B. The committee has the following duties: 
(1) To advise the Commissioner of Health and Human Services with respect to 
the certification of individuals duly qualified by reason of who have completed 
approved training and experience to engage in the harvesting, brokering aHd 9.I 
selling of wild mushrooms in this State; and 
(2) To identify persons to serve as technical and educational advisors in the 
development and implementation of training programs for individuals seeking 
certification as wild mushroom harvesters; 
(3) To design and establish '.vild mushroom harvesting training programs for 
certification pursuant to subsection 2 for the revie'.v and approval of the 
Commissioner of Health and Human Services; 
(4) To advise the Commissioner of Health and Human Services with respect to 
wild mushroom harvesting training programs conducted at least annually and 
certification; aHd 
(5) To advise the Commissioner of Health and Human Services with respect to 
examinations conducted at least annually for those individuals seeking 
certification pursuant to subsection 2; 
C. 
Each member of the committee serves for a period of 3 years or until the 
member's successor is appointed. If a member is unable to complete the term, the 
respective appointing authority shall appoint a person to serve out the remaining 
portion of the unexpired term; 
D. The committee shall meet at least annually and more frequently if needed to carry 
out its duties. Meetings may be called by the committee's cochairs or any other 2 
members as is necessary to carry out the committee's duties; 
E. A quorum is a majority of the members of the committee. An affirmative vote of 
a majority of the members present for a meeting is required for any action; 
F. The Department of Health and Human Services shall provide staff assistance to 
the committee; and 
G. The Department of Health and Human Services shall reimburse travel expenses of 
committee members from the '.\Tild Mushroom Harvesting Fund established in 
subsection 6, if funds are available. Members of the committee serve on a voluntary 
basis and without compensation. 
6. "Tild Mushroom Harvesting Fund. The 'Nild Mushroom Harvesting Fund, 
referred to in this subsection as "the fund," is established within the Department of Health 
and Human Services as a separate nonlapsing account. The Commissioner of Health and 
COMMITTEE AMENDMENT 
," 
~::t::'l 
,"~ 
,-> 
COMMITTEE AMENDMENT "~,, to H.P. 1343, L.D. 1823 
Human Services shall administer the fund on behalf of the Maine Wild Mushroom 
Harvesting Advisory Committee under subsection 5. 
A. 
All fees assessed pursuant to subsection 7 by the Department of Health and 
Human Services for training courses, materials and examinations must be deposited 
into the fund. 
E. 
The Department of Health and Human Services may seek and accept gifts, 
donations and grants from public or private sources for deposit into the fund to carry 
out the purposes of this section. 
C. The Department of Health and Human Services may use the fund to defray the 
reasonable costs incurred by the Maine Wild Mushroom Harvesting Advisory 
Committee in carrying out its duties. 
D. The Department of Health and Human Services may use the fund to compensate 
trainers for providing education and outreach associated with the Maine Wild 
Mushroom Harvesting Certification Program established in subsection 1. 
7. Fees. The training, examination and certification fees may not exceed $20,-may 
be imposed no more than once every 5 years and must be established by the Department 
of Health and Human Services by rule. 
Revenues from applicants for certification 
pursuant to subsection 2 failing the examination must be retained in the Wild Mushroom 
Harvesting Fund established in subsection 6 must be deposited into a special revenue 
account dedicated to a health inspection program. 
8. 
Rules. 
The Department of Health and Human Services may adopt rules to 
implement this section. Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 2. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Health - Bureau of 0143 
Initiative: Adjusts funding to establish the existing Health Inspection Program in the 
Department of Health and Human Services as the recipient of certification fees currently 
deposited in the Wild Mushroom Harvesting Fund. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Wild Mushroom Harvesting Fund Z128 
2011-12 
$500 
$500 
2012-13 
$500 
$500 
Initiative: Adjusts funding to reflect the elimination of the Wild Mushroom Harvesting 
Fund. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "!+" to H.P. [343, LD. [:'123 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FONDS TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY DHS) 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL - ALL FUNDS 
SUMMARY 
2011-12 
($500) 
($500) 
2011-12 
$0 
$0 
2012-13 
($500) 
($500) 
2012-13 
$0 
$0 
This amendment replaces the bill and changes the title. It amends the Maine Wild 
Mushroom Harvesting Certification Program as follows. 
1. 
The amendment removes from the duties of the Maine Wild Mushroom 
Harvesting Advisory Committee the development and delivery of training courses and the 
identification of technical and educational advisors. 
2. The amendment specifies that the Maine Wild Mushroom Harvesting Advisory 
Committee members serve on a voluntary basis and confonns their duties to within the 
scope of the Department of Health and Human Services. 
3. The amendment repeals the Wild Mushroom Harvesting Fund and specifies that 
revenues from certification application fees are payable into a special revenue account 
dedicated to a health inspection program within the department. 
4. The amendment specifies that certification for mushroom harvesting, brokering or 
selling is issued to applicants based on completion of department-approved training. 
5. The amendment adds an appropriations and allocations section. 
FISCAL NOTE REQUlRED 
(See Attaclled) 
COMMITTEE AMENDMENT 
Approved: 03121/12 
~ac. 
LD 1823 
LR 2667(02) 
An Act To Allow the Maine Wild Mushroom Harvesting Certification Program To Be Self-funded 
Fiscal Note for Bill as Amended by Committee Amendment 'A"LH-Sd.~ 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue increase - Other Special Revenue Funds 
FY 2011-12 
FY 2012-13 
Projections 
FY 2013-14 
Projections 
FY 2014-15 
Appropriations/Allocations 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$0 
$0 
$0 
The fiscal note reflects the elimination of the Wild Mushroom Harvesting Fund and the establishment of the Maine 
Centers for Disease Control and Prevention, Health Inspection Program as the new recipient of wild mushroom 
harvester certification fees. It includes a deallocation of $500 in 2011-12 and 2012-13 for the Wild Mushroom 
Harvesting Fund and an increased allocation of $500 in 2011-12 and 2012-13 for the Maine Centers for Disease 
Control and Prevention, Health Inspection Program. Given no fees have been deposited in the fund to date, the bill 
reflects a change in the placeholder allocation. It is assumed that expanding the fee on mushroom harvesters to 
brokers and sellers may increase the amount of revenue collected. 
LR2667(02) - Fiscal Note - Page 1 of 1 
$0