An Act To Strengthen Enforcement Standards for Potatoes
Maine Legislature, Session 126, LD 1586
Committee: Agriculture, Conservation and Forestry
Sponsors: SAUCIER, LANGLEY, GIFFORD, MAREAN
Amends: 7 MRSA §951-A, 7 MRSA §956

Legislative Document 
No. 1586 
H.P. 1157 
House of Representatives, December 30, 2013 
An Act To Strengthen Enforcement Standards for Potatoes 
Submitted by the Department of Agriculture, Conservation and Forestry pursuant to Joint 
Rule 204. 
Received by the Clerk of the House on December 23, 2013.  Referred to the Committee on 
Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 401. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative SAUCIER of Presque Isle. 
Cosponsored by Senator LANGLEY of Hancock and 
Representatives: GIFFORD of Lincoln, MAREAN of Hollis. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §951-A, first ¶, as amended by PL 1985, c. 184, is further 
amended to read: 
No A person may not plant seed potato potatoes in the State, the product of which is 
intended for sale, may be planted in the State in lots of one or more acres unless that seed 
is certified in accordance with rules adopted by the commissioner.  These rules may 
include without limitation requirements for filing reports with the commissioner and 
requirements for filing records to the commissioner or his the commissioner's designee, 
upon request, which that demonstrate that the potatoes so planted have been properly 
certified.  A person, firm or corporation that plants potatoes in violation of this section 
shall be is subject to a civil penalty fine of not less than $20 and $1,000; if the number of 
acres planted in violation of this section exceeds 2, the fine may not be more than $100 
$400 per acre for each acre or part of an acre planted in violation of this section; provided 
that failure .  Failure to file complete and accurate reports or failure to provide complete 
and accurate records in accordance with the rules adopted by the commissioner shall be is 
an additional violation resulting in a separate civil penalty fine of not less than $200 nor 
more than $1,000 for each such failure.  Any civil penalty fine collected under this 
section shall be is payable to the Treasurer of State and credited without lapsing to the 
commissioner for the enforcement of this section.  The commissioner shall adopt and may 
amend rules consistent with the Maine Administrative Procedure Act, Title 5, chapter 
375, to implement this section.  In addition to the enforcement powers and penalties 
established in this section, the commissioner may issue subpoenas to any individual in 
order to compel delivery of any reports or records which are required under this section.  
These subpoenas shall be are enforceable by any court of competent jurisdiction. 
Sec. 2.  7 MRSA §956, first ¶, as amended by PL 1979, c. 731, §§10 and 11, is 
further amended to read: 
The commissioner shall diligently enforce all of the provisions of sections 951 to 
957. He The commissioner, either in person or by a duly authorized representative, shall 
have has free access, ingress and egress to any place or field or any building, boat, truck, 
trailer, or railroad car, warehouse, depot, station, packing house, boat dock, or any 
building wherein potatoes are packed, stored, transported, sold, offered or exposed for 
sale or for transportation or for planting.  He The commissioner may also, in person, or 
by duly authorized representative, open any container and may take samples therefrom.  
He The commissioner shall, upon written request, therefor, pay the packer the fair market 
value of any sample retained or destroyed by him the commissioner.  He The 
commissioner may recover forfeitures fines imposed for violation of those sections in a 
civil action brought in his the commissioner's own name and, if he the commissioner 
prevails in that action, shall recover full costs. 
SUMMARY 
This bill increases fines for violating the provisions of law regarding minimum 
standards for planting potatoes in the State and allows the Department of Agriculture, 
Conservation and Forestry access to planted fields for auditing purposes.