An Act To Amend the Maine Commercial Fertilizer Law and the Maine Agricultural Liming Materials Act
Maine Legislature, Session 127, LD 0207
Committee: Agriculture, Conservation and Forestry
Sponsors: WILLETTE, WHITE, CUSHING, DILL, BLACK, HANINGTON, LONG, WARD
Amends: 7 MRSA §743-A, 7 MRSA §765, 7 MRSA §766

Legislative Document 
No. 207 
S.P. 76 
In Senate, February 3, 2015 
An Act To Amend the Maine Commercial Fertilizer Law and the 
Maine Agricultural Liming Materials Act 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator WILLETTE of Aroostook. 
Cosponsored by Representative WHITE of Washburn and 
Senators: CUSHING of Penobscot, DILL of Penobscot, Representatives: BLACK of Wilton, 
HANINGTON of Lincoln, LONG of Sherman, McELWEE of Caribou, WARD of Dedham. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §743-A, as amended by PL 2011, c. 607, §1, is further amended 
to read: 
§743-A.  Tonnage report 
1.  Registrants required to report.  On or before September 1st of each year, a 
registrant shall file with the commissioner, on a form prescribed by the commissioner, the 
number of tons of each brand and grade of commercial fertilizer sold by the registrant in 
the State during the 12 months preceding July 1st of that year.  A fee of $1 per ton sold 
during the 12 months preceding July 1st of that year must accompany the form. 
2.  Fees; nonlapsing fund.  The commissioner shall deposit all fees collected under 
this section in a dedicated, nonlapsing account established under section 765, subsection 
for the purpose of administering and enforcing this subchapter and subchapter 5-A. 
3.  Commissioner's report.  The commissioner may publish and distribute annually, 
to each registrant and other interested persons, a report showing the total tons of 
commercial fertilizer and the total tons by grade sold in the State. 
Sec. 2.  7 MRSA §765, sub-§2, as amended by PL 2009, c. 393, §4, is further 
amended to read: 
2.  Fees; nonlapsing fund.  The commissioner shall collect all fees under this 
subchapter and section 743-A and deposit them with the Treasurer of State in a separate 
account to be used for carrying out this subchapter and subchapter 5, including the cost of 
inspection, sampling and analysis of commercial fertilizers and agricultural liming 
materials.  These funds do not lapse, but remain in a carry-over account. 
Sec. 3.  7 MRSA §766, sub-§1, as amended by PL 2011, c. 607, §2, is further 
amended to read: 
1.  By registrants.  On or before September 1st in each year each registrant shall file 
with the commissioner, on forms prescribed by the commissioner, the number of tons of 
each agricultural liming material sold during the 12 months preceding July 1st of that 
year.  A fee of $1 per ton sold during the 12 months preceding July 1st of that year must 
accompany the form. 
Sec. 4.  Remaining account balance distribution.  The Commissioner of 
Agriculture, Conservation and Forestry shall distribute the funds collected from the fees 
on commercial fertilizer pursuant to the Maine Revised Statutes, Title 7, section 743-A 
and agricultural liming materials pursuant to Title 7, section 766 that are in the 
nonlapsing, carry-over account established pursuant to Title 7, section 765 pursuant to 
this section.  The commissioner shall distribute 50% of these funds for making 
improvements to the State of Maine Building and grounds at the Eastern States 
Exposition in West Springfield, Massachusetts that are managed by the Department of 
Agriculture, Conservation and Forestry.  The commissioner shall distribute the other 50% 
of the funds to the Maine Potato Board to be used as matching funds for the United States 
Department of Agriculture, Natural Resources Conservation Service, Regional 
Conservation Partnership Program project "Public-Private Partnerships to Improve Soil 
Health and Improve Water Quality in Aroostook County, Maine." 
SUMMARY 
This bill changes the Maine Commercial Fertilizer Law and the Maine Agricultural 
Liming Materials Act to eliminate fees of $1 per ton on commercial fertilizers and 
agricultural liming materials.  It directs the Commissioner of Agriculture, Conservation 
and Forestry to distribute 50% of the remaining funds collected from those fees to pay for 
improvements to Maine's facilities at the Eastern States Exposition in Massachusetts and 
the other 50% to the Maine Potato Board to provide matching funds for a federal soil 
health and water quality project.