An Act To Revise the Maine Wild Mushroom Harvesting Certification Program
Maine Legislature, Session 126, LD 1337
Committee: Health and Human Services
Sponsors: SIROCKI
Amends: 22 MRSA §2175

Legislative Document 
No. 1337 
H.P. 954 
House of Representatives, April 4, 2013 
An Act To Revise the Maine Wild Mushroom Harvesting 
Certification Program 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative SIROCKI of Scarborough.  (BY REQUEST) 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2175, sub-§2-A is enacted to read: 
2-A.  License required.  A person may not sell, transfer or otherwise deliver wild 
mushrooms within the State without a license issued by the Department of Health and 
Human Services, except that a person does not need a license issued under this section to 
sell, transfer or otherwise deliver wild mushrooms that the person has received through a 
chain of custody that includes a person licensed under this section. The Department of 
Health and Human Services shall issue a license to an applicant who holds a valid 
certification according to subsection 2 and meets any additional requirements that may be 
established by the department by rule. 
Sec. 2.  22 MRSA §2175, sub-§3, as amended by PL 2011, c. 587, §1, is further 
amended to read: 
3.  Refusal to certify or license; revocation of certification or license.  The 
Department of Health and Human Services may decline to certify or license any person 
determined to lack the appropriate 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 or license 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. 
Sec. 3.  22 MRSA §2175, sub-§7, as amended by PL 2011, c. 587, §1, is further 
amended to read: 
7.  Fees; license renewal.  The certification license fees may not exceed $20 and 
must be established by the Department of Health and Human Services by rule.  Licenses 
under this section must be renewed annually, on a schedule determined by the 
Department of Health and Human Services by rule.  Revenues from applicants for 
certification licenses pursuant to subsection 2 2-A must be deposited into a special 
revenue account dedicated to a health inspection program. 
Sec. 4.  22 MRSA §2175, sub-§§9 to 11 are enacted to read: 
9.  Sustainability.  The Department of Health and Human Services may, by rule, 
place limits on the number of licenses issued under this section or place limits on the time 
or manner of harvest of wild mushrooms by license holders to ensure the sustainability of 
wild mushroom resources.  
10.  Penalties.  A person who violates subsection 2-A or 11 commits a civil violation 
for which a fine of not less than $1,000 nor more than $5,000 may be adjudged.  Each 
violation of this section must be treated as a separate offense.  The Department of Health 
and Human Services may suspend the license of any person convicted of a 2nd or 
subsequent violation of this section.  The suspension period must be for at least one year 
from the date of conviction and may be for up to 3 years.  
11.  Liability insurance.  A person licensed under this section shall maintain a 
financial responsibility policy of liability insurance in an amount set by the Department 
of Health and Human Services by rule. 
SUMMARY 
This bill creates an annual licensing requirement, in addition to the existing 
certification requirement, for certain persons selling, transferring or otherwise delivering 
wild mushrooms within the State.  This bill provides that a person does not need a license 
to sell wild mushrooms that had been originally received from a licensed person.  Fees 
currently required for certification are shifted to the annual licensing system.  This bill 
adds a requirement that license holders maintain liability insurance, provides for a civil 
penalty of $1,000 to $5,000 for each violation of the license or insurance requirement and 
provides for license suspension for repeat offenses.