An Act To Establish the Maine Wild Mushroom Harvesting Certification Program
Maine Legislature, Session 125, LD 1407
Committee: Health and Human Services
Sponsors: LANGLEY
Amends: 5 MRSA §12004-I, 22 MRSA §2175

Legislative Document 
No. 1407 
S.P. 436 
In Senate, April 6, 2011 
An Act To Establish the Maine Wild Mushroom Harvesting 
Certification Program 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator LANGLEY of Hancock. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-I, sub-§47-H is enacted to read: 
47-H.   
Sec. 2.  22 MRSA §2175 is enacted to read: 
§2175.  Maine Wild Mushroom Harvesting Certification Program 
1.  Program established.  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 sell wild mushrooms in this State.  The 
Commissioner of Health and Human Services shall certify persons duly qualified in the 
field of wild mushroom harvesting, brokering and selling in accordance with the 
recommendations of the Maine Wild Mushroom Harvesting Advisory Committee under 
subsection 5. 
2.  Certification of wild mushroom harvesters.  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 developed by the committee pursuant to subsection 5, paragraph B, with 
appropriate mushroom harvesting, brokering and 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. 
3.  Refusal to certify; revocation of certification.  The Department of Health and 
Human Services may decline to certify any person determined to lack appropriate 
experience or ability 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. 
Human Services: 
Public Health 
Maine Wild 
Mushroom 
Harvesting Advisory 
Committee 
Expenses Only 
MRSA §2175 
5.  Maine Wild Mushroom Harvesting Advisory Committee.  The Maine Wild 
Mushroom Harvesting Advisory Committee, as established in Title 5, section 12004-I, 
subsection 47-H, and referred to in this subsection as "the committee," is governed by the 
following provisions: 
A.  The committee consists of the 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; 
(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; 
(7)  A health inspector from the Department 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)  Two representatives of the wild mushroom foragers and brokers community, 
appointed by the Governor; 
(10)  A chef or other individual with experience in the commercial preparation of 
food, appointed by the Governor; and 
(11)  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 training and experience 
to engage in the harvesting, brokering and selling of wild mushrooms in this 
State; 
(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 wild mushroom harvesting training programs for 
certification pursuant to subsection 2 for the review 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 
(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 Wild Mushroom Harvesting Fund established in 
subsection 6, if funds are available. 
6.  Wild Mushroom Harvesting Fund.  The Wild 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 
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. 
B.  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 $200 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. 
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. 
SUMMARY 
This bill provides a mechanism for persons who harvest, broker and sell wild 
mushrooms to obtain appropriate certification in safe identification and handling of wild 
harvested mushrooms.  This bill establishes a mechanism for the Department of Health 
and Human Services to certify duly qualified individuals as trained in the field of wild 
mushroom harvesting.  The bill requires the Commissioner of Health and Human 
Services to decide whether to certify individuals based upon the recommendations of the 
Maine Wild Mushroom Harvesting Advisory Committee, which is created in the bill and 
whose members include representatives from the Department of Health and Human 
Services, the Department of Agriculture, Food and Rural Resources, a statewide 
mycological association, a statewide restaurant association, a northern New England 
poison control center and the University of Maine and of the wild mushroom foragers and 
brokers community and the retail food industry, including a food wholesaler and a food 
preparer.  The Department of Health and Human Services is required to provide staff 
assistance to the advisory committee and establish a fund to defray the costs of training, 
examining and certifying wild mushroom harvesters.