An Act Regarding the Milk Handling Fee
Maine Legislature, Session 125, LD 0718
Committee: Agriculture, Conservation and Forestry
Sponsors: KNIGHT, SHERMAN, CRAFTS, CROCKETT, EDGECOMB, FITZPATRICK, GIFFORD, HARVELL, NEWENDYKE, TIMBERLAKE
Amends: 36 MRSA §4901, 36 MRSA §4902, 36 MRSA §4903

Legislative Document 
No. 718 
H.P. 514 
House of Representatives, February 23, 2011 
An Act Regarding the Milk Handling Fee 
Received by the Clerk of the House on February 18, 2011.  Referred to the Committee on 
Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative KNIGHT of Livermore Falls. 
Cosponsored by Senator SHERMAN of Aroostook and 
Representatives: CRAFTS of Lisbon, CROCKETT of Bethel, EDGECOMB of Caribou, 
FITZPATRICK of Houlton, GIFFORD of Lincoln, HARVELL of Farmington, NEWENDYKE 
of Litchfield, TIMBERLAKE of Turner. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  36 MRSA §4901, sub-§3, as enacted by PL 2005, c. 396, §8, is amended 
to read: 
3.  Handler.  "Handler," with respect to a particular container of packaged milk, 
means the wholesale handler or, if none, the producer-handler or the retail handler.  If 
more than one wholesale handler handles a particular container of packaged milk in this 
State, "handler" means the wholesale handler that first handles a particular container of 
packaged milk. 
Sec. 2.  36 MRSA §4902, sub-§1, as amended by PL 2007, c. 240, Pt. PPP, §1 
and c. 269, §1, is further amended to read: 
1.  Fee.  Upon notification by the Maine Milk Commission in accordance with Title 
7, section 2954, subsection 16, the assessor shall levy and impose a fee at the rate 
established in subsection 2-A on the handling in this State of packaged milk for sale in 
this State.  With respect to the handling in this State of a particular container of packaged 
milk for sale in this State, the fee must be paid by the handler, but in no event may a 
container of packaged milk for sale in this State be subject to more than one handling fee.  
There is no fee on the handling in this State of packaged milk for sale in containers of less 
than one quart or more than 20 or more quarts in volume, or packaged milk that is sold to 
an institution that is owned and operated by the State or the Federal Government. 
Sec. 3.  36 MRSA §4903 is enacted to read: 
§4903.  Credit for fee paid for packaged milk 
1.  Credit allowed.  A handler or its designee may claim a credit for a fee paid 
pursuant to this chapter with respect to packaged milk that: 
A.  Was not sold for consumption at a place of business within this State; or 
B.  Was not subject to the minimum retail sale prices established pursuant to Title 7, 
chapter 603. 
2.  Claim for credit.  A handler or its designee claiming a credit under subsection 1 
must file a claim with the assessor.  The credit must be claimed on the report required 
under section 4902, subsection 5. 
SUMMARY 
This bill allows only one milk handling fee to be assessed on any particular container 
of packaged milk and imposes a handling fee on 20-quart containers of packaged milk, 
which formerly were exempt from handling fees.  If more than one wholesale handler 
handles a particular container of packaged milk in this State, for purposes of collection of 
the fee, the handler is the wholesale handler that first handles the milk.  This bill provides 
credits to milk handlers or their designees for any fee paid pursuant to the law governing 
milk handling fees with respect to any packaged milk that is sold or shipped outside this 
State.