An Act to Remove the Requirement for Wild Blueberry Transportation Permits
Maine Legislature, Session 131, LD 0285
Committee: Agriculture, Conservation and Forestry
Sponsors: PERRY, MOORE, DANA, DAVIS, STROUT
Amends: 36 MRSA §4302, 36 MRSA §4314, 36 MRSA §4315, 36 MRSA §4316

Legislative Document
No. 285
H.P. 183
House of Representatives, January 27, 2023
An Act to Remove the Requirement for Wild Blueberry 
Transportation Permits
(EMERGENCY)
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PERRY of Calais.
Cosponsored by Senator MOORE of Washington and
Representatives: DANA of the Passamaquoddy Tribe, DAVIS of East Machias, STROUT of 
Harrington.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Wild Blueberry Commission of Maine, representing the State's wild 
blueberry industry, has determined that theft of wild blueberries from fields is no longer a 
significant concern because of the food traceability requirements imposed by the federal 
Food and Drug Administration's Food Safety Modernization Act; and
Whereas, removing the permits currently required for transporting wild blueberries 
would reduce the paperwork burden on farmers and businesses that transport wild 
blueberries in the State for the upcoming growing season; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  36 MRSA §4302, sub-§5, as amended by PL 1997, c. 511, §9, is repealed.
Sec. 2.  36 MRSA §4314, as amended by PL 2007, c. 694, §§6 to 8, is further 
amended by amending the section headnote to read:
§4314.  Permit Permission required
Sec. 3.  36 MRSA §4315, sub-§1, as amended by PL 2007, c. 694, §9, is repealed.
Sec. 4.  36 MRSA §4315, sub-§1-A, as amended by PL 2007, c. 694, §9, is 
repealed.
Sec. 5.  36 MRSA §4315, sub-§2, as enacted by PL 1989, c. 214, §2, is repealed.
Sec. 6.  36 MRSA §4315, sub-§3, ¶A, as amended by PL 2007, c. 694, §9, is further 
amended to read:
A.  Except as provided in subsection 4, a A person who transports wild blueberries in 
violation of this section commits:
(1)  A Class E crime; or
(2)  A Class D crime if the person has 2 or more prior convictions under this 
paragraph.
A violation under this paragraph is a strict liability crime as defined in Title 17‑A, 
section 34, subsection 4‑A.
Sec. 7.  36 MRSA §4315, sub-§3, ¶B, as amended by PL 2007, c. 694, §9, is 
repealed.
Sec. 8.  36 MRSA §4315, sub-§4, as amended by PL 2007, c. 694, §9, is repealed.
Sec. 9.  36 MRSA §4316, sub-§1, as amended by PL 2019, c. 222, §4 and affected 
by §7, is further amended to read:
1.  Record keeping required.  A shipper or processor who transports or receives wild 
blueberries shall keep a permanent record of each lot or load of wild blueberries.  The 
record must include the name of the driver of the vehicle used to deliver the wild 
blueberries, the date of delivery, the delivery point, a copy of the transportation permit, the 
driver's license number, the total pounds of wild blueberries delivered, the origin of the 
delivery and, if the origin is a location in the State, the name and address of the grower or 
seller and the grower's or seller's certificate number if the grower or seller is certified under 
section 4305.
Sec. 10.  36 MRSA §4316, sub-§2, as amended by PL 2007, c. 694, §10, is repealed.
Sec. 11.  36 MRSA §4316, sub-§3, as amended by PL 2007, c. 694, §10, is further 
amended to read:
3.  Violation; civil.  The failure to keep the permanent records of wild blueberries 
transported or received as required in this section, failure to inspect the transportation 
permit of a driver of a vehicle used to deliver wild blueberries or any other violation of this 
section is a civil violation punishable by a fine of not more than $5,000 for a first-time 
violation and punishable by a fine of not more than $10,000 when the person is found to 
have committed a prior civil violation of this section within the prior 5 years.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill removes the requirement that persons transporting wild blueberries have a 
transportation permit.