reglab/housing_qa huggingface dataset:
7 ME Rev Stat § 2959 (2021)
2021 Maine Revised Statutes|TITLE 7: AGRICULTURE AND ANIMALS|Part 7: MILK AND MILK PRODUCTS|Chapter 603: MILK COMMISSION|7 §2959. Injunctions and civil penalties

 §2959. Injunctions and civil penalties 1.  Injunction.  In addition to any other remedy set forth in this chapter for the enforcement of this chapter or any rule, order or decision of the commission, the Superior Court has jurisdiction upon complaint filed by the commission, or any person duly authorized to act for the commission, including, but not limited to, its executive secretary, to restrain or enjoin any person from committing any act prohibited by this chapter or prohibited by any rule, order or decision of the commission. If it is established upon hearing that the person charged has been or is committing any unlawful act under this chapter or is in violation of any rule, order or decision of the commission, the court shall enter a decree enjoining that person from committing further such violations. In case of violation of any injunction issued under this section, the court shall summarily try and punish the person for contempt of court. The existence of other civil or criminal remedies is no defense to this proceeding. The commission or its authorized agent may not be required to give or post a bond when making an application for an injunction under this section.   [PL 2005, c. 382, Pt. F, §19 (AMD).] 2.  Civil penalties.  Any person who violates any provision of this chapter or of any rule, order or decision of the commission shall be subject to the following civil penalties, to be collected by the commission in a civil action:   A. For the first violation, a civil penalty not to exceed $1,000; and   [PL 1985, c. 717, §4 (NEW).]B. For each subsequent violation, a civil penalty not to exceed $2,000.   [PL 1985, c. 717, §4 (NEW).]All penalties collected by the commission shall be paid to the Treasurer of State for deposit to the General Fund.   [PL 1985, c. 717, §4 (NEW).] SECTION HISTORY PL 1985, c. 717, §4 (RPR). PL 2005, c. 382, §F19 (AMD).
7 ME Rev Stat § 2960 (2021)
2021 Maine Revised Statutes|TITLE 7: AGRICULTURE AND ANIMALS|Part 7: MILK AND MILK PRODUCTS|Chapter 603: MILK COMMISSION|7 §2960. Penalties (REPEALED)

 §2960. Penalties (REPEALED)SECTION HISTORY PL 1977, c. 696, §100 (RPR). PL 1985, c. 717, §5 (RP).
7 ME Rev Stat § 2961 (2021)
2021 Maine Revised Statutes|TITLE 7: AGRICULTURE AND ANIMALS|Part 7: MILK AND MILK PRODUCTS|Chapter 603: MILK COMMISSION|7 §2961. Temporary minimum prices to be paid to dealers and retailers for the sale of milk (REPEALED)

 §2961. Temporary minimum prices to be paid to dealers and retailers for the sale of milk (REPEALED)SECTION HISTORY PL 1981, c. 481, §2 (NEW). RR 1997, c. 2, §29 (COR). PL 2005, c. 382, §F20 (RP).
7 ME Rev Stat § 2962 (2021)
2021 Maine Revised Statutes|TITLE 7: AGRICULTURE AND ANIMALS|Part 7: MILK AND MILK PRODUCTS|Chapter 603: MILK COMMISSION|7 §2962. Administrative enforcement

 §2962. Administrative enforcement When the commission, after such investigation as it considers appropriate, believes that a violation of this chapter or of any rule, order or decision of the commission has occurred, it may order any person to cease that violation. Before issuing such an order, the commission shall afford any person who would be aggrieved by the order an opportunity for a hearing. In any such investigation or hearing, the commission may exercise all of the powers given to it by section 2952-A. Any person aggrieved by a final order issued under this section may obtain judicial review of the order in Superior Court by filing a petition in accordance with Title 5, section 11001 and the Maine Rules of Civil Procedure, Rule 80C. In responding to such a petition, the commission may seek enforcement of its order, including civil penalties for any violation found, and the court, if it upholds the order, may order its enforcement, including civil penalties.   [PL 2005, c. 382, Pt. F, §21 (AMD).]Nothing in this section is intended to require that the commission take administrative enforcement action prior to seeking judicial relief for any violation of this chapter or of any rule, order or decision of the commission, nor intended to limit the commission's ability to bring an independent action to enforce any decision or order issued by it, including civil penalties for any violation found by it.   [PL 1985, c. 717, §6 (NEW).]SECTION HISTORY PL 1985, c. 717, §6 (NEW). PL 2005, c. 382, §F21 (AMD).
7 ME Rev Stat § 2963 (2021)
2021 Maine Revised Statutes|TITLE 7: AGRICULTURE AND ANIMALS|Part 7: MILK AND MILK PRODUCTS|Chapter 603: MILK COMMISSION|7 §2963. Transportation allowance study

 §2963. Transportation allowance study The Legislature finds that historically the commission has allowed a deduction in the price paid to producers for Class II milk sold by Maine dealers to federally regulated plants. This transportation allowance has remained constant while the ability to transport milk and the shipping and sales practices of dealers have changed. In order to further understanding of the transportation allowance the commission shall:   [PL 1989, c. 438 (NEW).]1.  Original intent.  Examine the original intent of the transportation allowance;   [PL 1989, c. 438 (NEW).] 2.  Current practice.  Determine whether the transportation allowance is being applied in situations other than those originally intended;   [PL 1989, c. 438 (NEW).] 3.  Finding.  Determine whether the transportation allowance should be applied to transfers of milk that are ordinary business practice or are recurring transactions;   [PL 1989, c. 438 (NEW).] 4.  Adopt rules.  In accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, adopt any necessary rules which the commission determines, after hearing, are not inconsistent with the original intent, and current use of the transportation allowance; and   [PL 1989, c. 438 (NEW).] 5.  Report.  Report its findings, any actions taken by the commission and any recommendations for legislation by March 1, 1990, to the joint standing committee of the Legislature having jurisdiction over agricultural matters. The committee may introduce any legislation necessary to address the findings or actions of the commission.   [PL 1989, c. 438 (NEW).] SECTION HISTORY PL 1989, c. 438 (NEW).
7 ME Rev Stat § 2964 (2021)
2021 Maine Revised Statutes|TITLE 7: AGRICULTURE AND ANIMALS|Part 7: MILK AND MILK PRODUCTS|Chapter 603: MILK COMMISSION|7 §2964. Donations of fresh milk to food banks

 §2964. Donations of fresh milk to food banks The minimum price provisions of this chapter do not apply to donations of fresh milk produced and processed within the State by a dealer or producer-dealer to an incorporated nonprofit organization within the State established for the purpose of reducing hunger and increasing food security. Donations under this section may occur only if the fresh milk produced and processed within the State to be donated does not have a wholesale or retail market that will provide a higher monetary value to the dealer or producer-dealer.   [PL 2019, c. 357, §1 (NEW).]SECTION HISTORY PL 2019, c. 357, §1 (NEW).
7 ME Rev Stat § 2981 (2021)
2021 Maine Revised Statutes|TITLE 7: AGRICULTURE AND ANIMALS|Part 7: MILK AND MILK PRODUCTS|Chapter 603-A: DESTRUCTIVE COMPETITION|7 §2981. Definitions

 §2981. Definitions Unless the context otherwise indicates, the definitions contained in section 2951 shall apply to this chapter.   [PL 1983, c. 484, §2 (NEW).]SECTION HISTORY PL 1983, c. 484, §2 (NEW).
7 ME Rev Stat § 2982 (2021)
2021 Maine Revised Statutes|TITLE 7: AGRICULTURE AND ANIMALS|Part 7: MILK AND MILK PRODUCTS|Chapter 603-A: DESTRUCTIVE COMPETITION|7 §2982. Applicability; authority

 §2982. Applicability; authority Dealers shall observe this chapter only when no applicable minimum dealer price for milk established under chapter 603 is in effect. Retail stores shall observe this chapter only when no applicable minimum retail price or minimum retail margin for milk established under chapter 603 is in effect. This chapter shall be administered by the Maine Milk Commission.   [PL 1983, c. 484, §2 (NEW).]SECTION HISTORY PL 1983, c. 484, §2 (NEW).
7 ME Rev Stat § 2983 (2021)
2021 Maine Revised Statutes|TITLE 7: AGRICULTURE AND ANIMALS|Part 7: MILK AND MILK PRODUCTS|Chapter 603-A: DESTRUCTIVE COMPETITION|7 §2983. Selling below cost

 §2983. Selling below cost It is unlawful for any dealer or retail store to sell milk for fluid consumption at less than the cost thereof to the dealer or retail store with the purpose or intent to injure competitors or destroy competition. In all proceedings brought to enforce this section, proof of consistent and repeated advertisements, offers to sell or sales of milk for fluid consumption by any dealer or retail store at less than cost to them, as defined in sections 2984 and 2985, the advertisements, offers to sell and sales thereby forming a pattern of sales below cost, shall be prima facie evidence of intent to injure competitors and destroy competition. This section shall not apply where the price of milk for fluid consumption is set in good faith to meet legal competition.   [PL 1983, c. 484, §2 (NEW).]SECTION HISTORY PL 1983, c. 484, §2 (NEW).
7 ME Rev Stat § 2984 (2021)
2021 Maine Revised Statutes|TITLE 7: AGRICULTURE AND ANIMALS|Part 7: MILK AND MILK PRODUCTS|Chapter 603-A: DESTRUCTIVE COMPETITION|7 §2984. Cost of milk to a dealer

 §2984. Cost of milk to a dealer "Cost of milk to a dealer" means the dealer's raw product cost, plus any shrinkage allowance permitted by the commission, to which shall be added the dealer's expenses directly and indirectly incurred in receiving, processing, packaging and delivering milk. Without limitation, these expenses shall include labor, including salaries and bonuses of executives and officers, rent, depreciation, selling costs, maintenance of equipment, utilities, delivery costs, interest, licenses, taxes, insurance, advertising, professional services and all other fixed and variable expenses. The commission may determine the dealer's expenses directly and indirectly incurred in receiving, processing, packaging and delivering fluid milk by either of the following methods:   [PL 1983, c. 484, §2 (NEW).]1.  Cost accounting data.  Through reliance upon cost accounting data, relating to the dealer, gathered or received by the commission pursuant to section 2952-A or 2986 for any 3-month period within one year preceding and one year following the date of an alleged violation, unless the dealer proves that changed circumstances render any cost accounting data relied upon by the commission incapable of proving that the violation occurred; or   [PL 2005, c. 382, Pt. F, §22 (AMD).] 2.  Expenses; percentage of dealer price.  By imputing an amount to cover these expenses which, unless the dealer proves lower actual costs, shall be deemed to be the percentage of the total dealer price of the milk as the commission shall by rule establish in conjunction with any milk pricing orders which change base dealer margins.   [PL 1983, c. 484, §2 (NEW).] SECTION HISTORY PL 1983, c. 484, §2 (NEW). PL 2005, c. 382, §F22 (AMD).
7 ME Rev Stat § 2985 (2021)
2021 Maine Revised Statutes|TITLE 7: AGRICULTURE AND ANIMALS|Part 7: MILK AND MILK PRODUCTS|Chapter 603-A: DESTRUCTIVE COMPETITION|7 §2985. Cost of milk to a retail store

 §2985. Cost of milk to a retail store "Cost of milk to a retail store" means the price paid by a retail store to a dealer for fluid milk, to which shall be added the retail store's expenses directly and indirectly incurred in shipping, handling and selling fluid milk. Without limitation, these expenses shall include labor, including salaries and bonuses of executives and officers, rent, depreciation, selling costs, maintenance of equipment, utilities, shipping costs, interest, licenses, taxes, insurance, advertising, professional services and all other fixed and variable expenses. The commission may determine the retail store's expenses directly and indirectly incurred in shipping, handling and selling milk by any of the following methods:   [PL 1983, c. 484, §2 (NEW).]1.  Cost accounting data.  Through reliance upon cost accounting data, relating to the retailer, gathered or received by the commission pursuant to section 2952-A or 2986 for any 3-month period within one year preceding and one year following the date of an alleged violation, unless the retail store proves that changed circumstances render the cost accounting data relied upon by the commission incapable of proving that the violation occurred;   [PL 2005, c. 382, Pt. F, §23 (AMD).] 2.  Expenses; percentage of total retail price.  By imputing an amount to cover these expenses which, unless the retail store proves lower actual costs, shall be deemed to be the percentage of the total retail price of the milk as the commission shall by rule establish in conjunction with any milk pricing orders which change retail margins; or   [PL 1983, c. 484, §2 (NEW).] 3.  Other expenses.  By imputing an amount to cover these expenses which, unless the retail store proves lower actual costs, shall be determined by dividing total store expenses by total store sales and multiplying the percentage obtained by the total retail price of the milk.   [PL 1983, c. 484, §2 (NEW).] SECTION HISTORY PL 1983, c. 484, §2 (NEW). PL 2005, c. 382, §F23 (AMD).
7 ME Rev Stat § 2986 (2021)
2021 Maine Revised Statutes|TITLE 7: AGRICULTURE AND ANIMALS|Part 7: MILK AND MILK PRODUCTS|Chapter 603-A: DESTRUCTIVE COMPETITION|7 §2986. Investigations; hearings; inspections

 §2986. Investigations; hearings; inspections 1.  Investigatory powers.  To aid the commission in determining if a dealer or retail store is selling fluid milk below cost, the commission may:   A. Conduct investigations and hearings;   [PL 2005, c. 382, Pt. F, §24 (NEW).]B. Subpoena and examine under oath persons possessing relevant information, including, but not limited to, dealers and retail stores and their officers, agents and representatives;   [PL 2005, c. 382, Pt. F, §24 (NEW).]C. Subpoena and examine the business records, books and accounts of dealers, retail stores or other persons who possess relevant business records, books or accounts; and   [PL 2005, c. 382, Pt. F, §24 (NEW).]D. Inspect at reasonable times the business records, books and accounts of a dealer or retail store at the dealer's or store's office or place of business.   [PL 2005, c. 382, Pt. F, §24 (NEW).][PL 2005, c. 382, Pt. F, §24 (NEW).] 2.  Oaths and subpoenas.  Any member of the commission or any employee designated by the commission may sign subpoenas and administer oaths to witnesses.   [PL 2005, c. 382, Pt. F, §24 (NEW).] SECTION HISTORY PL 1983, c. 484, §2 (NEW). PL 2005, c. 382, §F24 (RPR).
7 ME Rev Stat § 2987 (2021)
2021 Maine Revised Statutes|TITLE 7: AGRICULTURE AND ANIMALS|Part 7: MILK AND MILK PRODUCTS|Chapter 603-A: DESTRUCTIVE COMPETITION|7 §2987. Rules

 §2987. Rules The commission may adopt all rules establishing or relating to hearing procedures, cost accounting and the collection of information as may be necessary to carry out this chapter.   [PL 1983, c. 484, §2 (NEW).]SECTION HISTORY PL 1983, c. 484, §2 (NEW).
7 ME Rev Stat § 2988 (2021)
2021 Maine Revised Statutes|TITLE 7: AGRICULTURE AND ANIMALS|Part 7: MILK AND MILK PRODUCTS|Chapter 603-A: DESTRUCTIVE COMPETITION|7 §2988. Civil action by injured person

 §2988. Civil action by injured person 1.  Injunctive relief; damages and costs.  Any person damaged or who is threatened with loss or injury by reason of a violation of section 2983 may bring a civil action in the Superior Court in the county where the person resides, to prevent, restrain or enjoin the violation or threatened violation. If in that action a violation or threatened violation of section 2983 is established, the court may enjoin and restrain or otherwise prohibit the violation or threatened violation. In that action it is not necessary that actual damages to the plaintiff be alleged or proved. In addition to the injunctive relief, the plaintiff in the action is entitled to recover from the defendant 3 times the amount of actual damages sustained by the plaintiff and the costs of the action, including reasonable attorneys' fees.   [RR 2021, c. 1, Pt. B, §144 (COR).] 2.  Damages only.  In the event no injunctive relief is sought or required, any person injured by a violation of section 2983 may maintain an action for damages alone in the Superior Court in the county where the person resides and the measure of damages in the action is the same as prescribed in subsection 1.   [RR 2021, c. 1, Pt. B, §144 (COR).] SECTION HISTORY PL 1983, c. 484, §2 (NEW). RR 2021, c. 1, Pt. B, §144 (COR).
7 ME Rev Stat § 2989 (2021)
2021 Maine Revised Statutes|TITLE 7: AGRICULTURE AND ANIMALS|Part 7: MILK AND MILK PRODUCTS|Chapter 603-A: DESTRUCTIVE COMPETITION|7 §2989. Civil action by the commission

 §2989. Civil action by the commission 1.  Civil penalties.  Any dealer or retail store which violates section 2983 shall be subject to the following civil penalties, to be collected by the commission in a civil action:   A. For the first violation, a civil penalty not to exceed $1,000; and   [PL 1983, c. 484, §2 (NEW).]B. For each subsequent violation, a civil penalty not to exceed $2,000.   [PL 1983, c. 484, §2 (NEW).]All penalties collected by the commission shall be paid to the Treasurer of State for deposit to the General Fund.   [PL 1983, c. 484, §2 (NEW).] 2.  Injunction.  In lieu of or in addition to the collection of civil penalties under subsection 1, the commission may bring a civil action in the Superior Court to prevent, restrain or enjoin a violation of section 2983. If in that action a violation or threatened violation of section 2983 shall be established, the court may enjoin and restrain or otherwise prohibit the violation or threatened violation. In the action it shall not be necessary that actual damages to any person be alleged or proved.   [PL 1983, c. 484, §2 (NEW).] SECTION HISTORY PL 1983, c. 484, §2 (NEW).
7 ME Rev Stat § 2991 (2021)
2021 Maine Revised Statutes|TITLE 7: AGRICULTURE AND ANIMALS|Part 7: MILK AND MILK PRODUCTS|Chapter 604: MILK TAX|7 §2991. Definitions

 §2991. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1991, c. 376, §28 (NEW).]1.  Board.  "Board" means the Maine Dairy Promotion Board.   [PL 1991, c. 376, §28 (NEW).] 2.  Class I milk.  "Class I milk" means:   A. All fluid milk sold, distributed or disposed of as or in milk that contains not more than 11% butterfat and skim milk and cultured buttermilk sold for human consumption; and   [PL 1991, c. 376, §28 (NEW).]B. All milk products sold, distributed or disposed of for human consumption as or in flavored milk and flavored skim milk.   [PL 1991, c. 376, §28 (NEW).][PL 1991, c. 376, §28 (NEW).] 3.  Consumer.  "Consumer" means any person other than a milk dealer who purchases milk for fluid consumption.   [PL 1991, c. 376, §28 (NEW).] 3-A.  Council.  "Council" means the Maine Dairy and Nutrition Council.   [PL 1995, c. 693, §6 (NEW); PL 1995, c. 693, §25 (AFF).] 4.  Dealer.  "Dealer" means any person who purchases or receives milk for sale as the consignee or agent of a producer or handles milk for sale, shipment, storage or processing within the State. "Dealer" includes a producer dealer or a store.   [PL 1991, c. 376, §28 (NEW).] 5.  Milk.  "Milk" means cows' milk and includes cream. One quart of cream is considered the equivalent of 4 quarts of milk.   [PL 1991, c. 376, §28 (NEW).] 6.  Producer.  "Producer" means any person who produces milk and sells milk to a dealer.   [PL 1991, c. 376, §28 (NEW).] 7.  Producer dealer.  "Producer dealer" means any dealer who produces a part or all of that dealer's milk and sells milk to other than a dealer.   [PL 1991, c. 376, §28 (NEW).] 8.  Records.  "Records" means books, records, accounts, memoranda or other data pertaining to the purchase and distribution of milk.   [PL 1991, c. 376, §28 (NEW).] 9.  Store.  "Store" means a grocery store, dairy products' store, canteen, milk vending machine operator, milk dispensing operator or any similar commercial establishment or outlet or any other place or method of sale in which milk is sold to consumers for consumption off the premises.   [PL 1991, c. 376, §28 (NEW).] SECTION HISTORY PL 1991, c. 376, §28 (NEW). PL 1995, c. 693, §6 (AMD). PL 1995, c. 693, §25 (AFF).
7 ME Rev Stat § 2992 (2021)
2021 Maine Revised Statutes|TITLE 7: AGRICULTURE AND ANIMALS|Part 7: MILK AND MILK PRODUCTS|Chapter 604: MILK TAX|7 §2992. Maine Dairy Promotion Board (REPEALED)

 §2992. Maine Dairy Promotion Board (REPEALED)SECTION HISTORY PL 1991, c. 376, §28 (NEW). PL 1993, c. 689, §1 (AMD). PL 1995, c. 693, §7 (RP). PL 1995, c. 693, §25 (AFF).
7 ME Rev Stat § 2993 (2021)
2021 Maine Revised Statutes|TITLE 7: AGRICULTURE AND ANIMALS|Part 7: MILK AND MILK PRODUCTS|Chapter 604: MILK TAX|7 §2993. Powers and duties

 §2993. Powers and duties The board is created to promote the prosperity and welfare of this State and of the dairy industry of the State by fostering promotional, educational, advertising and research programs of the dairy industry. The board has the following powers and duties. The board:   [PL 1991, c. 376, §28 (NEW).]1.  Contracts and agreements.  May make or enter into contracts or agreements with any local, state, federal or private agency, department, firm, corporation or association for the purposes defined in this chapter. The contracts or agreements may include, without limitation, those relating to the lease or purchase of office space, facilities, property, equipment and supplies as the board determines necessary for its purposes. The board may delegate to its executive director the power to enter into the contracts or agreements, subject to the board's oversight;   [PL 1993, c. 689, §2 (AMD).] 2.  Cooperation with other agencies.  Shall cooperate with other state or regional agencies with like purposes, including transferring to those agencies any portion of its receipts that it determines appropriate and in the best interests of the dairy industry in the State. In determining those amounts, the board shall consider the relative benefits accruing to all Maine producers from increased fluid milk consumption within the Maine market and the New England market, Federal Milk Marketing Order No. 1; the relative effectiveness of the various programs intended to increase fluid milk consumption for which funding is being considered; appropriate research needs; and other considerations pertinent to the distribution of its funds to other agencies for cooperative efforts;   [PL 1993, c. 689, §2 (AMD).] 3.  Books and records.  Shall keep books, records and accounts of all its activities, which must be open to inspection and audit by the State at all times. An independent certified public accountant shall conduct an annual audit of the financial records of the board and report the results of the audit to the board, the commissioner, the Treasurer of State and the Legislature;   [RR 1995, c. 2, §17 (COR).] 4.  Annual report.  Shall prepare an annual report that must include a summary of all receipts and expenditures, including expenditures for specific promotional or research programs; a description of the various promotional or research programs operated, contracted or sponsored by the board; and a directory of current board members, including their affiliation and term of office; and   [PL 1991, c. 376, §28 (NEW).] 5.  Funding.  May receive and expend funds from any source, public or private, that it determines necessary to carry out its purposes.   [PL 1995, c. 693, §9 (AMD); PL 1995, c. 693, §25 (AFF).] SECTION HISTORY PL 1991, c. 376, §28 (NEW). PL 1993, c. 689, §2 (AMD). RR 1995, c. 2, §17 (COR). PL 1995, c. 693, §9 (AMD). PL 1995, c. 693, §25 (AFF).