An Act To Establish a Fund for the Operations and Outreach Activities of the University of Maine Cooperative Extension Animal and Plant Disease and Insect Control Laboratory
Maine Legislature, Session 127, LD 1099
Committee Amendment CA_A_H458 (House)

COMMITTEE AMENDMENT "~,, to H.P. 759, L.D. 1099, Bill, "An Act To 
Establish a Fund for the Operations and Outreach Activities of the University of Maine 
Cooperative Extension Animal and Plant Disease and Insect Control Laboratory" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 7 MRSA c. 417 is enacted to read: 
CHAPTER 417 
ANIMAL AND PLANT DISEASE AND INSECT CONTROL FUND 
§2431. Fund established 
The Animal and Plant Disease and Insect Control Fund, referred to in this chapter as 
"the fund," is established. 
The fund is administered by the University of Maine 
Cooperative Extension and consists of funds received from Title 36, chapter 723, any 
appropriations or allocations from the Legislature and any contributions from private and 
public sources. The fund, to be accounted within the University of Maine Cooperative 
Extension, must be held separate and apart from all other money, funds and accounts. 
The fund may not be used to pay for any administrative costs incurred by the University 
of Maine or by the University of Maine Cooperative Extension. Eligible investment 
earnings credited to the assets of the fund become part of the assets of the fund. Any 
balance remaining in the fund must be disbursed on a quarterly basis to the University of 
Maine Cooperative Extension. 
§2432. Expenditures from fund; distribution 
Funds in the fund must be distributed by the University of Maine Cooperative 
Extension for the following purposes: 
1. 
Pesticide container fee reimbursement. 
Ongoing reimbursement to Maine 
Revenue Services, on the same schedule as sales tax collection, to pay for administrative 
COMMITTEE AMENDMENT 
\\.0\ S. 
COMMITTEE AMENDMENT "A" to H.P. 759, L.D. 1099 
costs from collection of the pesticide container fee under Title 36, section 4911, 
subsection 3; 
2. Board of Pesticides Control reimbursement. Reimbursement annually to the 
Board of Pesticides Control, established in Title 5, section 12004-D, subsection 3, to pay 
for costs incurred by the Board of Pesticides Control pursuant to their responsibilities 
under Title 36, section 4911, subsection 5; 
3. Pest management education. To the University of Maine Cooperative Extension 
for outreach and education initiatives on pest management and pesticide safety, including 
community integrated pest management and medical and vete11nmy pest management, 
focusing on health-related issues caused by ticks and mosquitoes, and pesticide 
application and use, focusing on pollinator health and safety; and 
4. Laboratory costs. To the University of Maine Cooperative Extension to pay for 
nonadministrative costs related to its animal and plant disease and insect control 
laboratOlY, including but not lilnited to testing ticks provided by residents of the State for 
pathogenic organisms and general laboratory operations involving pesticide management 
and insect control. 
Sec. 2. 36 MRSA c. 723 is enacted to read: 
§4911. Fee imposed 
CHAPTER 723 
PESTICIDE CONTAINER FEE 
1. Imposition. A fee is imposed on the retail sale in this State of containers of 
consumer packaged pesticides in the amount of 20¢ per container. For purposes of this 
chapter, "consumer packaged pesticides" means pesticides packaged in suitable quantities 
for residential application intended for general use as determined by rule by the Board of 
Pesticides Control, established in Title 5, section 12004-D, subsection 3 and referred to in 
this chapter as "the board." Three cents of the 20¢ per container fee imposed on each sale 
may be retained by the retailer in order to defray the costs associated with collecting the 
fee. 
2. Exemptions. The following products are exempt from the fee imposed under 
subsection 1: 
A. A container of pesticides labeled "only for agricultural use" "only for industrial 
use" or "only for commercial use"; 
B. A container of restricted use pesticides, as defined in Title 22, section 1471-C, 
subsection 23; 
C. A container of pesticides labeled, packaged and intended for use by commercial 
or private certified pesticide applicators as determined by rule by the board; 
D. 
A container of paint, stain. wood preservative or sealant bearing a federal 
Environmental Protection Agency pesticide product registration number; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" (i" to H.P. 759, L.D. 1099 
E. All containers of pesticides sold by a retail store ofless than 7,000 square feet of 
interior and exterior retail space as long as the owner of the retail store owns no more 
than one other retail store in the State. 
3. Administration of fee. The fee imposed by this chapter is administered as 
provided in chapter 7 and Part 3, with the fee imposed pursuant to this chapter to be 
considered as imposed under Part 3. On a monthly basis, the Treasurer of State shall 
credit all revenue derived from the fee imposed by this chapter to the Animal and Plant 
Disease and Insect Control Fund established under Title 7, section 2431. 
4. Optional participation. A retail store selling a product exempt under subsection 
2, paragraph E may participate in the collection of the fee under subsection 1 by 
registering with the board. 
5. Inspections. The State Tax Assessor or the assessor's duly authorized agents may 
inspect the books or records of a retailer, or the premises of a retailer where consumer 
packaged pesticides are stored, handled, transported or merchandised, for the purpose of 
determining what pesticide products are taxable under this chapter or for the purpose of 
determining the tmth or falsity of any statement or retum made by a retailer. The State 
Tax Assessor may delegate the State Tax Assessor's authority under this subsection to the 
Commissioner of Agriculture, Conservation and Forestry or the commissioner's deputies, 
agents or employees. The board shall assist the State Tax Assessor in carrying out its 
authority under this subsection. 
6. Responsibilities ofthe board. By January 1,2016 and every April 1st thereafter, 
the board shall provide to a retail store required to collect the fee under subsections 1 and 
a product code for every type of pesticide container that may be sold by that store and 
subject to the fee imposed by this chapter. 
The board shall review the fee imposed under this chapter between April 1 st and May 1, 
2017, and every 2 years thereafter by April 1st. Following this review, the board shall 
submit a report to the joint standing committee of the Legislature having jurisdiction over 
pest management matters that includes the quantity of registered products subject to the 
fee imposed under subsection 1 and the total amount of funds disbursed to the Maine 
Revenue Service, the board and the University of Maine Cooperative Extension, along 
with any recommended changes to this chapter or Title 7, chapter 417. Upon receipt of 
the report, the joint standing committee of the Legislature having jurisdiction over pest 
management matters may report out a bill to make changes to this chapter or Title 7, 
chapter 417. 
7. Rulemaking. The board shall adopt rules necessary to implement this chapter. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 3. Appropriations and allocations. The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Revenue Services, Bureau of 0002 
Initiative: Provides one-time funding for computer programming. 
COMMITTEE AMENDMENT 
COMMlTffiB AMENDMENT" A 
.. to lIP, 759, L,D, 1099 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
ADlVIINISTRATIVE AND FINANCIAL 
SERVICES, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2015-16 
$12,000 
$12,000 
2015-16 
$12,000 
$12,000 
2016-17 
$0 
$0 
2016-17 
$0 
$0 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
Pesticides Control - Board of 0287 
Initiative: Provides an allocation to modify the system for pesticide container codes. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Pesticides Control - Board of 0287 
Initiative: Provides an allocation for lUle-making costs. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Pesticides Control- Board of 0287 
2015-16 
$120,000 
$120,000 
2015-16 
$2,500 
$2,500 
2016-17 
$0 
$0 
2016-17 
$0 
$0 
Initiative: Provides allocations to hire a contractor to assist in setting up a program to 
provide stores with product codes for every type of pesticide container that may be sold 
by that store. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2015-16 
$150,000 
$150,000 
COMMITTEE AMENDMENT 
2016-17 
$75,000 
$75,000 
COMMTf1llE AMENDMENT" ~, I" RP. 759, L.D. 1099 
Pesticides Control - Board of 0287 
Initiative: Provides an allocation for STA-CAP costs. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
2015-16 
$14,007 
$14,007 
2015-16 
$286,507 
$286,507 
UNIVERSITY OF MAINE SYSTEM, BOARD OF TRUSTEES OF THE 
Animal and Plant Disease and Insect Control Fund N195 
2016-17 
$3,855 
$3,855 
2016-17 
$78,855 
$78,855 
Initiative: Allocates funds for pest management and pesticide safety outreach and 
education and for nonadministrative costs related to the University of Maine Cooperative 
Extension's animal and plant disease and insect control laboratory. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
UNIVERSITY OF MAINE SYSTEM, BOARD OF 
TRUSTEES OF THE 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
2015-16 
$192,000 
$192,000 
2015-16 
$192,000 
$192,000 
2015-16 
$12,000 
$478,507 
COMMITTEE AMENDMENT 
2016-17 
$340,000 
$340,000 
2016-17 
$340,000 
$340,000 
2016-17 
$0 
$418,855 
\'\. 0\ S. 
COMMITTEE AMIlNDMllNT" A" to JIP. 759, LD. t099 
SECTION TOTAL - ALL FUNDS 
$490,507 
$418,855 
SUMMARY 
This amendment, which replaces the bill, includes the provisions in the bill creating 
the Animal and Plant Disease and Insect Control Fund to pay for pest management and 
pesticide safety outreach and education and for operating costs relating to pesticide 
management and insect control of the University of Maine Cooperative Extension's 
animal and plant disease and insect control laboratory. The Animal and Plant Disease 
and Insect Control Fund is funded by a 20¢ fee on every container of consumer packaged 
pesticides, with some exceptions. 
In addition, it establishes that the fund may not be used to pay for any administrative 
costs incurred by the University of Maine or by the University of Maine Cooperative 
Extension. It also provides that retailers may retain 3¢ of the 20¢ fee in order to help 
offset the costs of collection. It establishes that the Board of Pesticides Control must, by 
mle, establish the universe of products upon which a fee will be imposed and the types of 
products that are exempted from the fee. Additionally, it expands the Board of Pesticides 
Control's responsibilities and provides that a report be submitted biennially to the joint 
standing committee of the Legislature having jurisdiction over pest management matters, 
which has authority to report out a bill implementing changes to this program upon 
receipt of the report. The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06115/15 
;:!;7L2c.. 
LD 1099 
LR 1303(02) 
An Act To Establish a Fund for the Operations and Outreach Activities of the University of Maine 
Cooperative Extension Animal and Plant Disease and Insect Control Laboratory 
~ 
Fiscal Note for Bill as Amended by Committee Amendment AI CH ... £f( 8) 
Committee: Agriculture, Conservation and Forestry 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Other Special Revenue Funds 
Revenue 
General Fund 
Transfers 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fis~al Note Required: Yes 
Fiscal Note 
FY 2015-16 
$0 
$12,000 
$478,507 
$204,000 
($192,000) 
$227,390 
FY2016-17 
$0 
$0 
$418,855 
$340,000 
($340,000) 
$340,000 
Projections 
FY 2017':18 
$0 
$0 
$379,428 
$340,000 
($340,000) 
$340,000 
Proj ections 
FY 2018-19 
$0 
$0 
$379,428 
$340,000 
($340,000) 
$340,000 
This legislation establishes a 20¢ fee on each container of consumer packaged pesticides. It would result in revenue 
of $204,000 in fiscal year 2015-16 and $340,000 in fiscal year 2016-17. The bill includes a one-time General Fund 
appropriation of $12,000 in fiscal year 2015-16 to the Department of Administrative and Financial Services for 
computer programming to add a line to the sales tax form to capture the fee information. $12,000 would be retained in 
the General Fund in fiscal year 2015-16 for administrative costs related to the Department of Administrative and 
Financial Services and the remainder would be transferred monthly from the General Fund to the Aniinal and Plant 
Disease and Insect Control Fund within the University of Maine Cooperative Extension. 
This bill also includes Other Special Revenue Funds allocations .of 192,000 in fiscal year 2015-16 and $340,000 in 
fiscal year 2016-17 to the Animal and Plant Disease and Insect Control Fund at the University of Maine Cooperative 
Extension for outreach and education initiatives on pest management and pest safety and for non-administrative costs 
related to its animal and plant disease and insect control laboratory. 
LR1303(02) - Fiscal Note - PaQ'e 1 of2 
The bill requires the Board of Pesticides Control within the Depmiment of Agriculture, Conservation and Forestry 
(ACF) to provide celiain retail stores with product codes for evelY type of pesticide container that may be sold by that 
store. The Animal and Plant Disease and Insect Control Fund must reimburse ACF for costs incurred to provide these 
product codes. The bill includes Other Special Revenue Funds allocations of $150,000 and $75,000 in fiscal years 
2015-16 and 2016-17, respectively, for costs to hire a contractor to assist ACF in providing product codes, $120,000 
in fiscal year 2015-16 for certain computer system costs and $16,507 and $3,855 in fiscal years 2015-16 and 2016-17, 
respectively, for other related costs. There would also be a transfer of $1 00,000 and $88,605 in fiscal years 2015-16 
and 2016-17, respectively, from the Animal and Plant Disease and Insect Control Fund to reimburse ACF for 
providing product codes. 
LR1303(02) - Fiscal Note - Page 2 0[2