reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2-A: LICENSING OF DEALERS IN AGRICULTURAL COMMODITIES › 7 §456. Complaints; investigation; hearings

§456. Complaints; investigation; hearings
The commissioner or the commissioner's duly authorized agent may investigate, upon the complaint of any interested person, or on the commissioner's or the agent's own motion, the conduct and activities of any person applying for or holding a license under this subchapter and, for that purpose, may examine the books and papers of any applicant or licensee and may require testimony and affidavits thereon under oath. The commissioner may, in a manner consistent with the Maine Administrative Procedure Act, conduct such hearings as the commissioner considers necessary pursuant to this subchapter. The commissioner has full power to subpoena such witnesses and documents as the commissioner considers necessary.   [RR 2021, c. 1, Pt. B, §73 (COR).]
SECTION HISTORY
PL 1981, c. 139 (NEW). RR 2021, c. 1, Pt. B, §73 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2-A: LICENSING OF DEALERS IN AGRICULTURAL COMMODITIES › 7 §458. Exemptions

§458. Exemptions
1.  Producers.
Producers are exempt from this subchapter when selling licensed commodities which they have grown, which they are presently growing or which they intend to grow.
[PL 1981, c. 139 (NEW).]
2.  Other persons.
The commissioner, by rule, may provide an exemption from this subchapter for persons who deal in quantities of licensed commodities sufficiently small so as to not require the imposition of the standards of financial responsibility established by this subchapter.
[PL 1981, c. 139 (NEW).]
3.  Retailers.
A retailer who sells licensed commodities to consumers is exempt from this subchapter with respect to those sales.
[PL 2005, c. 512, §14 (AMD).]
SECTION HISTORY
PL 1981, c. 139 (NEW). PL 2005, c. 512, §14 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2-A: LICENSING OF DEALERS IN AGRICULTURAL COMMODITIES › 7 §459. Forfeiture of bond; recovery on bond

§459. Forfeiture of bond; recovery on bond
If a licensee fails to make payment as provided in section 457, subsection 1, paragraph B, that licensee by reason of the nonpayment is in default as to all producers or licensees whose accounts then remain unpaid and the bond provided for must be forfeited to the extent of all sums then due from the licensee to the producers or licensees. Whenever the commissioner determines that a licensee has failed to make payment, the commissioner shall provide notice, in a manner consistent with the Maine Administrative Procedure Act, that payment under the bond will be sought and indicating the time within which other producer or licensee claims may be made known to the commissioner. Upon determination of the commissioner that there has been a default in payment by a licensee, the conditions of the bond are deemed to be broken and the commissioner may bring action on the defaulted bond for the benefit of producers or licensees. Whenever the amount of the bond is not sufficient to cover all valid claims, the commissioner shall distribute the amount available on a pro rata basis.   [PL 2005, c. 512, §15 (AMD).]
SECTION HISTORY
PL 1981, c. 139 (NEW). PL 2005, c. 512, §15 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2-A: LICENSING OF DEALERS IN AGRICULTURAL COMMODITIES › 7 §460. Violations

§460. Violations
Any person who commits any of the actions specified in section 457, except in section 457, subsection 1, paragraph B, or otherwise fails, neglects or refuses to comply with the provisions of this subchapter or any rule promulgated hereunder is subject to the following civil penalties payable to the State, to be recovered in a civil action:   [PL 1981, c. 139 (NEW).]
1.  First violation.
For the first violation, a civil penalty not to exceed $1,000; and
[PL 1981, c. 139 (NEW).]
2.  Subsequent violation.
For each subsequent violation, a civil penalty not to exceed $3,000.
[PL 1981, c. 139 (NEW).]
The commissioner may recover the penalties imposed for violations in a civil action brought in the commissioner's own name and, if the commissioner prevails in that action, the commissioner may recover full costs. The District Court and the Superior Court have concurrent jurisdiction of the actions. The Attorney General and the several district attorneys shall provide assistance to the commissioner.   [RR 2021, c. 1, Pt. B, §77 (COR).]
All penalties received under this subchapter shall be paid to the Treasurer of State for deposit in the General Fund.   [PL 1981, c. 139 (NEW).]
SECTION HISTORY
PL 1981, c. 139 (NEW). RR 2021, c. 1, Pt. B, §77 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2-B: STATE-GROWN PRODUCE PROGRAM › 7 §471. Farmers' Market Program (REPEALED)

§471. Farmers' Market Program
(REPEALED)
SECTION HISTORY
PL 1993, c. 58, §1 (NEW). PL 2003, c. 689, §B7 (REV). PL 2005, c. 382, §C4 (AMD). PL 2005, c. 614, §5 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 3: ADULTERATED OR MISBRANDED GOODS › 7 §481. Definitions (REPEALED)

§481. Definitions
(REPEALED)
SECTION HISTORY
PL 2005, c. 512, §16 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 3: ADULTERATED OR MISBRANDED GOODS › 7 §482. Manufacture and sale prohibited

§482. Manufacture and sale prohibited
A person may not manufacture, sell, distribute, transport, offer or expose for sale, distribution or transportation any article of commercial feeding stuff, commercial fertilizer or food that is adulterated or misbranded within the meaning of this chapter or chapter 103.   [PL 2005, c. 512, §17 (AMD).]
SECTION HISTORY
PL 2005, c. 512, §17 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 3: ADULTERATED OR MISBRANDED GOODS › 7 §483. Adulteration

§483. Adulteration
For the purpose of this chapter and chapter 103, unless the term is more specifically defined, "adulterated" means made impure or inferior by adding extraneous ingredients. Goods that are prepared in food establishments that are licensed facilities under Title 22, section 2167 and that contain cannabis for medical use by a qualifying patient, pursuant to Title 22, chapter 558‑C, are not considered to be adulterated under this subchapter.   [PL 2011, c. 407, Pt. A, §1 (AMD); PL 2021, c. 669, §5 (REV).]
1.  Drug.
[PL 2005, c. 512, §18 (RP).]
2.  Meat or meat products.
In case of meat or meat products: If any sodium sulphite, sodium bisulphite or any drug, chemical, chemical compound or preservative from which sulphur dioxide can be liberated has been added thereto or mixed therewith.
SECTION HISTORY
PL 2005, c. 512, §18 (AMD). PL 2009, c. 631, §1 (AMD). PL 2009, c. 631, §51 (AFF). PL 2011, c. 407, Pt. A, §1 (AMD). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 3: ADULTERATED OR MISBRANDED GOODS › 7 §484. Misbranding

§484. Misbranding
The term "misbranded" as used in this chapter or chapter 103 applies to all articles of commercial feeding stuff, commercial fertilizer or food, the package or label of which bears any statement, design or device regarding such article, or the ingredients or substances contained therein, that is false or misleading in any particular or that is falsely branded in any particular.   [PL 2005, c. 512, §19 (AMD).]
1.  Drug.
[PL 2005, c. 512, §19 (RP).]
SECTION HISTORY
PL 2005, c. 512, §19 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 3: ADULTERATED OR MISBRANDED GOODS › 7 §485. Annual analysis (REPEALED)

§485. Annual analysis
(REPEALED)
SECTION HISTORY
PL 1969, c. 42, §1 (AMD). PL 1975, c. 382, §1 (AMD). PL 2005, c. 512, §20 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 3: ADULTERATED OR MISBRANDED GOODS › 7 §486. Place of analysis (REPEALED)

§486. Place of analysis
(REPEALED)
SECTION HISTORY
PL 1979, c. 672, §A18 (AMD). PL 2005, c. 512, §21 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 3: ADULTERATED OR MISBRANDED GOODS › 7 §487. Certificates (REPEALED)

§487. Certificates
(REPEALED)
SECTION HISTORY
PL 2005, c. 512, §22 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 3: ADULTERATED OR MISBRANDED GOODS › 7 §488. Prohibitions and penalties (REPEALED)

§488. Prohibitions and penalties
(REPEALED)
SECTION HISTORY
PL 1977, c. 696, §59 (RPR). PL 2003, c. 452, §B2 (RP). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 3: ADULTERATED OR MISBRANDED GOODS › 7 §488-A. Prohibitions and penalties

§488-A. Prohibitions and penalties
1.  Violation.
A person may not adulterate or misbrand, within the meaning of this chapter or chapter 103, any commercial feeding stuff, commercial fertilizer, food or vinegar or manufacture, sell, distribute, transport, offer or expose for sale, distribution or transportation any article of commercial feeding stuff, commercial fertilizer, food or vinegar in violation of this chapter or chapter 103.
[PL 2005, c. 512, §23 (AMD).]
2.  Penalty.
The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a civil violation for which a fine of not more than $100 may be adjudged.   [PL 2003, c. 452, Pt. B, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A person who violates subsection 1 after having previously violated subsection 1 commits a civil violation for which a fine of not more than $200 may be adjudged.   [PL 2003, c. 452, Pt. B, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. B, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 2003, c. 452, §B3 (NEW). PL 2003, c. 452, §X2 (AFF). PL 2005, c. 512, §23 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 3: ADULTERATED OR MISBRANDED GOODS › 7 §489. Exceptions

§489. Exceptions
A person may not be prosecuted under chapter 401, and sections 482 to 488‑A, 490 and 640 to 643, when that person can establish proof of purchase, and a guaranty signed by the person residing in the United States from whom the purchase was made, to the effect that the article in question is not adulterated or misbranded within the meaning of this chapter or chapter 103.   [PL 2005, c. 512, §24 (AMD).]
SECTION HISTORY
PL 1979, c. 663, §20 (AMD). PL 1981, c. 470, §A10 (AMD). PL 2003, c. 452, §B4 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2005, c. 512, §24 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 3: ADULTERATED OR MISBRANDED GOODS › 7 §490. Sampling and analysis of seed, commercial feed, commercial fertilizer and food

§490. Sampling and analysis of seed, commercial feed, commercial fertilizer and food
1.  Right of entry.
For the purposes of administering and enforcing this subchapter, the commissioner and agents authorized by the commissioner have rights of access, ingress and egress at reasonable hours to any place or building where seeds, commercial feed, commercial fertilizer or food is sold or offered for sale or where those items are stored, manufactured or transported prior to sale or being offered for sale.
[PL 2005, c. 512, §25 (NEW).]
2.  Taking of samples.
For the purposes of administering and enforcing this subchapter, the commissioner and agents authorized by the commissioner may open any case, package or other container of seeds, commercial feed, commercial fertilizer or food. Upon receipt of a written request for payment, the commissioner shall pay the fair market value of any samples taken and retained or destroyed.
[PL 2005, c. 512, §25 (NEW).]
3.  Analysis and disclosure of test results.
The commissioner may submit a sample obtained for the purposes of enforcing this subchapter to a public or private laboratory for analysis. The commissioner shall make available to the public the results of such an analysis, including the name of the person from whom the sample was obtained, the name of the manufacturer of the sample and additional information that the commissioner believes is advisable.
[PL 2005, c. 512, §25 (NEW).]
4.  Issuance of certificate.
A certificate stating the results of an analysis performed in accordance with this section and signed by the director of the laboratory performing the analysis is presumptive evidence of the facts stated in the certificate.
[PL 2005, c. 512, §25 (NEW).]
SECTION HISTORY
PL 2005, c. 512, §25 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 4: HAZARDOUS SUBSTANCES LABELING ACT › 7 §501. Title

§501. Title
This subchapter shall be known and may be cited as the "Uniform Hazardous Substances Labeling Act."   [PL 1965, c. 65 (NEW).]
SECTION HISTORY
PL 1965, c. 65 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 4: HAZARDOUS SUBSTANCES LABELING ACT › 7 §503. Submission of names and amounts

§503. Submission of names and amounts
The commissioner, when the commissioner considers it necessary in the administration of this subchapter, may require the submission of the names and amounts of any hazardous ingredients in any hazardous substance.   [RR 2021, c. 1, Pt. B, §80 (COR).]
SECTION HISTORY
PL 1965, c. 65 (NEW). RR 2021, c. 1, Pt. B, §80 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 4: HAZARDOUS SUBSTANCES LABELING ACT › 7 §504. Duties

§504. Duties
The department is authorized:   [PL 1965, c. 65 (NEW).]
1.  Investigate and examine.
To investigate and examine hazardous substances subject to this subchapter.
[PL 1965, c. 65 (NEW).]
2.  Collection.
To effect the collection and examination of samples of hazardous substances to determine the compliance with the requirements of this subchapter and the officers and employees of the department have authority at all reasonable hours to enter into any motor vehicle, warehouse, store, building, boat, vessel, aircraft or place supposed to contain hazardous substances, for the purpose of inspection or sampling, and to procure samples for analysis or examination from any lot, package or parcel or hazardous substance.
[PL 1965, c. 65 (NEW).]
3.  Rules and regulations.
To make and enforce such reasonable rules and regulations necessary to carry out this subchapter. The rules and regulations so promulgated shall be adopted in a manner consistent with the Maine Administrative Procedure Act and shall conform so far as practicable to rules and regulations promulgated under authority of the Federal Act.
[PL 1977, c. 694, §49 (AMD).]
SECTION HISTORY
PL 1965, c. 65 (NEW). PL 1977, c. 694, §49 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 4: HAZARDOUS SUBSTANCES LABELING ACT › 7 §505. Access to carriers

§505. Access to carriers
Carriers engaged in commerce, and persons receiving hazardous substances in commerce or holding such substances so received, shall upon the request of an officer or employee duly designated by the department permit such officer or employee, at reasonable times, to have access to and to copy all records showing movement in commerce of any hazardous substance, or the holding thereof during or after such movement, and the quantity, shipper and consignee thereof. It is unlawful for any such carrier or person to fail to permit access to and copying of any such records so requested when such request is accompanied by a statement in writing specifying the nature or kind of hazardous substance to which the request relates. Evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained and carriers shall not be subject to the other provisions of this subchapter by reason of their receipt, carriage, holding or delivery of hazardous substances in the usual course of business as carriers.   [PL 1965, c. 65 (NEW).]
SECTION HISTORY
PL 1965, c. 65 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 4: HAZARDOUS SUBSTANCES LABELING ACT › 7 §506. Withdrawal from sale; condemnation and confiscation

§506. Withdrawal from sale; condemnation and confiscation
1.  "Withdrawal from sale" orders.
When the commissioner finds by inspection or examination of a hazardous substance that it is being sold or distributed in violation of any of the provisions of this subchapter, the commissioner may issue and enforce a written or printed "withdrawal from sale" order warning the distributor not to dispose of the hazardous substance in any manner until written permission is given by the commissioner or the court. The issuance of such an order may not be considered licensing or an adjudicatory proceeding as defined by the Maine Administrative Procedure Act. The commissioner shall release the hazardous substance so withdrawn when the provisions and regulations have been complied with and all costs and expenses incurred in the withdrawal have been paid. If compliance is not obtained within 30 days, the commissioner may begin proceedings for condemnation.
[RR 2021, c. 1, Pt. B, §81 (COR).]
2.  Condemnation and confiscation.
Any hazardous substance not in compliance with this subchapter shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which said hazardous substance is located. In the event the court finds the said hazardous substance to be in violation of this subchapter, and orders the condemnation of said hazardous substance, it shall be disposed of in any manner consistent with the quality of the hazardous substance and the laws of the State. In no instance shall the disposition of said hazardous substance be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said hazardous substance or for permission to process or relabel said hazardous substance to bring it into compliance with this subchapter.
[PL 1965, c. 65 (NEW).]
SECTION HISTORY
PL 1965, c. 65 (NEW). PL 1977, c. 694, §50 (AMD). RR 2021, c. 1, Pt. B, §81 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 4: HAZARDOUS SUBSTANCES LABELING ACT › 7 §508. Unlawful acts

§508. Unlawful acts
It is unlawful:   [PL 1965, c. 65 (NEW).]
1.  Alteration.
For any person to detach, alter, deface or destroy, in whole or in part, any label or labeling provided for in this subchapter or the rules and regulations promulgated hereunder, or to add any substance to, or take any substance from a hazardous substance in a manner that may defeat the purposes of this subchapter;
[PL 1965, c. 65 (NEW).]
2.  Use of information.
For any person to use for the person's own advantage or to reveal, other than to the commissioner, or officials or employees of the commissioner or officials or employees of the United States Department of Agriculture, or other federal agencies, or to the courts in response to a subpoena, or to physicians, and in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, in accordance with such directions as the commissioner may prescribe, any information relative to formulas of products acquired by authority of this subchapter;
[RR 2021, c. 1, Pt. B, §84 (COR).]
3.  Interference.
For any person to oppose or interfere in any way with the commissioner or the commissioner's duly authorized agents in carrying out the duties imposed by this subchapter;
[RR 2021, c. 1, Pt. B, §85 (COR).]
4.  False guaranty.
For any person to give a guaranty which is false;
[PL 1979, c. 541, Pt. A, §47 (AMD).]
5.  Manufacture.
For any person to manufacture a misbranded package of a hazardous substance within this State;
[PL 1979, c. 541, Pt. A, §47 (AMD).]
6.  Delivery.
For any person to introduce or deliver for introduction into commerce of any misbranded package of a hazardous substance; or
[PL 1979, c. 541, Pt. A, §47 (AMD).]
7.  Reused food or drugs.
To introduce or deliver for introduction into commerce, or the receipt in commerce and subsequent delivery or proffered delivery for pay or otherwise, of a hazardous substance in a reused food, drug or cosmetic container or in a container that, though not a reused container, is identifiable as a food, drug or cosmetic container by its labeling or other identification. The reuse of a food, drug or cosmetic container as a container for a hazardous substance is an act that results in the hazardous substance being a misbranded package. For the purposes of this subsection and section 509, "drug" has the same meaning as defined in Title 32, section 13702‑A, subsection 11.
[PL 2007, c. 695, Pt. B, §1 (AMD).]
SECTION HISTORY
PL 1965, c. 65 (NEW). PL 1979, c. 541, §A47 (AMD). PL 2005, c. 512, §26 (AMD). PL 2007, c. 695, Pt. B, §1 (AMD). RR 2021, c. 1, Pt. B, §§84, 85 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 4: HAZARDOUS SUBSTANCES LABELING ACT › 7 §509. Application

§509. Application
This subchapter shall not apply to:   [PL 1965, c. 65 (NEW).]
1.  Carrier.
Any carrier, while lawfully engaged in transporting a hazardous substance within this State, if such carrier shall, upon request, permit the commissioner or the commissioner's designated agent to copy all records showing the transactions in and movements of the articles;
[RR 2021, c. 1, Pt. B, §86 (COR).]
2.  Public officials.
Public officials of this State and of the Federal Government engaged in the performance of their official duties;
[PL 1965, c. 65 (NEW).]
3.  Experimental use.
The manufacturer or shipper of a hazardous substance for experimental use only:
A. By or under the supervision of an agency of this State or of the Federal Government authorized by law to conduct research in the field of hazardous substances; or   [PL 1965, c. 65 (NEW).]
B. By others if the hazardous substance is not sold and if the container thereof is plainly and conspicuously marked "For experimental use only -- Not to be sold," together with the manufacturer's name and address. If a written permit has been obtained from the commissioner, hazardous substances may be sold for experimental purposes subject to such restrictions and conditions as may be set forth in the permit;   [PL 1965, c. 65 (NEW).]
[PL 1965, c. 65 (NEW).]
4.  Federal and state law.
Any preparation, drug or chemical subject to the laws of the United States relating to drugs, devices or cosmetics, the Uniform Drug Device and Cosmetic Act, or to preparations, drugs and chemicals which are dispensed by pharmacists authorized by and pursuant to the pharmacy laws of this State;
[PL 1965, c. 65 (NEW).]
5.  Certain poisons.
Any economic poison registered with the United States Department of Agriculture pursuant to the Federal Insecticide, Fungicide and Rodenticide Act and subject thereto;
[PL 1965, c. 65 (NEW).]
6.  Fuel.
Fuel used primarily for cooking, heating or refrigeration when stored in containers and used in the heating, cooking or refrigeration system of a household.
[PL 1965, c. 65 (NEW).]
The commissioner may exempt from the requirements established by or pursuant to this subchapter any container of a hazardous substance with respect to which the commissioner finds adequate requirements satisfying the purposes of this subchapter have been established by or pursuant to and in compliance with any other federal or state law.   [RR 2021, c. 1, Pt. B, §87 (COR).]
SECTION HISTORY
PL 1965, c. 65 (NEW). RR 2021, c. 1, Pt. B, §§86, 87 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 4: HAZARDOUS SUBSTANCES LABELING ACT › 7 §510. Injunction

§510. Injunction
The department may, by application to any court having jurisdiction, obtain an injunction restraining any person who engages in acts which violate this subchapter or the rules and regulations adopted pursuant thereto. Upon refusal or neglect to obey the order of court, the court may compel obedience thereof by proceedings for contempt.   [PL 1965, c. 65 (NEW).]
SECTION HISTORY
PL 1965, c. 65 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 4: HAZARDOUS SUBSTANCES LABELING ACT › 7 §511. Enforcement

§511. Enforcement
It is the duty of the department, its officers, agents, inspectors and employees to enforce this subchapter.   [PL 1965, c. 65 (NEW).]
SECTION HISTORY
PL 1965, c. 65 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 4: HAZARDOUS SUBSTANCES LABELING ACT › 7 §512. Penalties

§512. Penalties
A person who violates a provision of this subchapter commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged. A person is not subject to the penalties provided in this section if the person establishes a written guarantee or undertaking in which is furnished the name and address of the manufacturer or distributor, and the statement that the person received the products in good faith in reliance upon the manufacturer or distributor to the effect that such products were manufactured and labeled in compliance with this subchapter or with federal law that may relate to the regulations of the distribution of hazardous substances covered by this subchapter.   [PL 2001, c. 421, Pt. B, §5 (AMD); PL 2001, c. 421, Pt. C, §1 (AFF).]
SECTION HISTORY
PL 1965, c. 65 (NEW). PL 1977, c. 696, §60 (AMD). PL 2001, c. 421, §B5 (AMD). PL 2001, c. 421, §C1 (AFF).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 4: HAZARDOUS SUBSTANCES LABELING ACT › 7 §513. Exception

§513. Exception
No person shall be prosecuted for violation of any provision of this subchapter if such person has been acquitted or convicted under the Federal Hazardous Substances Labeling Act of the same act or omission which, it is alleged, constitutes a violation of this subchapter.   [PL 1965, c. 65 (NEW).]
SECTION HISTORY
PL 1965, c. 65 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 5: MAINE FAIR PACKAGING AND LABELING ACT › 7 §521. Short title

§521. Short title
This subchapter shall be known and be cited as the "Maine Fair Packaging and Labeling Act."   [PL 1969, c. 325 (NEW).]
SECTION HISTORY
PL 1969, c. 325 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 5: MAINE FAIR PACKAGING AND LABELING ACT › 7 §522. Unfair and deceptive packaging and labeling

§522. Unfair and deceptive packaging and labeling
It shall be unlawful for any person engaged in the packaging or labeling of any consumer commodity, as defined in section 523, for the distribution in commerce, or for any person other than a common carrier for hire, a contract carrier for hire or a freight forwarder for hire engaged in the distribution in commerce of any packaged or labeled commodity, to distribute or cause to be distributed in commerce any commodity if such commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to this subchapter and to the regulations promulgated thereunder.   [PL 1969, c. 325 (NEW).]
Persons engaged in business as wholesale or retail distributors of consumer commodities shall be exempt from this subchapter except to the extent that such persons are engaged in the packaging and labeling of such commodities or prescribe or specify by any means the manner in which such commodities are packaged or labeled.   [PL 1969, c. 325 (NEW).]
SECTION HISTORY
PL 1969, c. 325 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 5: MAINE FAIR PACKAGING AND LABELING ACT › 7 §523. Definitions

§523. Definitions
1.  Label.
"Label" shall mean any written, printed or graphic matter affixed to, applied to, blown into, formed, molded into, embossed on, or appearing upon or adjacent to a commodity or package containing any consumer commodity, for the purpose of branding, identifying or giving any information in respect to the commodity or to the contents of the package.
[PL 1969, c. 325 (NEW).]
2.  Commodity in package form.
"Commodity in package form" shall mean a commodity put up or packaged in a manner in advance of sale in units suitable for either wholesale or retail sale, exclusive of any auxiliary shipping container enclosing packages that individually conform to the requirements of this subchapter. An individual item or lot of any commodity not in package form as defined in this section but on which there is marked a selling price based on an established price per unit of weight or measure shall mean a commodity in package form.
[PL 1969, c. 325 (NEW).]
3.  Consumer commodity.
"Consumer commodity," except as specifically provided by this subchapter, means any food, as defined by the Maine Food Law, Title 22, chapter 551, subchapter I, and any other article, product or commodity of any kind or class which is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which usually is consumed or expended in the course of such consumption or use.
[PL 1971, c. 544, §18 (AMD).]
4.  Principal display panel.
"Principal display panel" shall mean that part, or those parts, of the label so designed as to be most likely to be displayed, presented, shown or examined under normal conditions of display or for retail sale.
[PL 1969, c. 325 (NEW).]
5.  Container.
"Container" means a glass, metal or plastic bottle, can, jar or other receptacle for holding liquids, powders or other materials, which has been sealed by a manufacturer and which, at the time of sale, contains less than one gallon or 231 cubic inches.
[PL 1987, c. 373, §§ 1, 5 (NEW).]
SECTION HISTORY
PL 1969, c. 325 (NEW). PL 1971, c. 544, §18 (AMD). PL 1987, c. 373, §§1,5 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 5: MAINE FAIR PACKAGING AND LABELING ACT › 7 §524. Requirements and prohibitions

§524. Requirements and prohibitions
No person shall distribute or cause to be distributed in commerce any packaged consumer commodity unless the commodity bears a label specifying the identity of the commodity, the name and place of business of the manufacturer, packer or distributor, the net quantity of contents in terms of weight, measure or numerical count, separately and accurately stated in a uniform location upon the principal display panel of the label and the label statement of net quantity.   [PL 1969, c. 325 (NEW).]
A package containing less than 4 pounds or one gallon, and labeled in terms of weight or fluid measure, shall be expressed both in ounces, either avoirdupois or fluid ounces, and if applicable in pounds for weight, with the remainder in terms of ounces or common decimal fractions of the pound, or in the case of liquid measure, in the largest whole unit, quarts, quarts and pints, with the remainder in terms of fluid ounces or common decimal fraction of the pint or quart.   [PL 1969, c. 325 (NEW).]
A random package shall be expressed in terms of the pound carried out to not more than 2 decimal places.   [PL 1969, c. 325 (NEW).]
A package labeled in terms of linear measure, shall be expressed both in terms of inches and the largest whole unit, yards, yards and feet, or feet, with any remainder in terms of inches or common decimal fractions of the foot or yard.   [PL 1969, c. 325 (NEW).]
A package labeled in terms of measure of area shall be expressed both in terms of square inches and the largest whole square unit, square yards, square yards and square feet, or square feet, with the remainder in terms of square inches or common decimal fractions of the square foot or square yard.   [PL 1969, c. 325 (NEW).]
SECTION HISTORY
PL 1969, c. 325 (NEW). PL 1987, c. 373, §§2,5 (AMD). PL 1993, c. 341, §4 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 5: MAINE FAIR PACKAGING AND LABELING ACT › 7 §524-A. Produce packed in State

§524-A. Produce packed in State
When produce that was grown or raised in a foreign country is packed in this State, the label must identify the country in which the produce was grown in letters as large or larger than the letters identifying the name and place of business of the packer.   [PL 1999, c. 405, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 405, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 5: MAINE FAIR PACKAGING AND LABELING ACT › 7 §525. Net quantity of contents

§525. Net quantity of contents
The net quantity of contents shall appear in conspicuous and easily legible type in distinct contrast, by topography, layout, color, embossing or molding, with other matter on the package. The letters or numerals used shall be in type size which shall be established in relationship to the area of the principal display panel of the package and uniform for all packages of substantially the same size. The lines of printed matter included in that statement shall be placed generally parallel to the base on which the package rests as it is designed to be displayed.   [PL 1969, c. 325 (NEW).]
SECTION HISTORY
PL 1969, c. 325 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 5: MAINE FAIR PACKAGING AND LABELING ACT › 7 §526. Consumer commodity label

§526. Consumer commodity label
The label on a package of a consumer commodity which bears a representation as to the number of servings of such commodity contained in such package shall bear a statement of the net quantity in terms of weight, measure or numerical count, of each serving.   [PL 1969, c. 325 (NEW).]
SECTION HISTORY
PL 1969, c. 325 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 5: MAINE FAIR PACKAGING AND LABELING ACT › 7 §527. Promulgation of regulations

§527. Promulgation of regulations
The authority to promulgate regulations for the enforcement of this subchapter is vested in the State Sealer of Weights and Measures. Regulations shall be adopted in a manner consistent with the Maine Administrative Procedure Act. The regulation or regulations so promulgated shall become effective on a date fixed by the sealer which date shall not be prior to 30 days after filing with the Secretary of State. Such promulgation may be amended or repealed in the same manner as is provided for its adoption, except in the case of emergency rulemaking rules shall become effective as provided in the Maine Administrative Procedure Act. In the promulgation of regulations, the sealer shall, in the interest of promoting uniformity, give consideration to regulations promulgated under the Fair Packaging and Labeling Act of November 3, 1966, Public Law 89-755. The sealer, among other things, may give consideration to:   [PL 1977, c. 694, §51 (AMD).]
1.  Exemptions.
Exempting a particular commodity because of nature, form or quantity or for other good and sufficient reason making it impracticable or not necessary for adequate protection of consumers;
[PL 1969, c. 325 (NEW).]
2.  Standards.
Establishing and defining standards for characterization of the size of a package enclosing a consumer commodity which may be used to supplement the label statement of net quantity of contents of packages containing such commodity;
[PL 1969, c. 325 (NEW).]
3.  Printed matter.
The placement upon any package containing any commodity or upon any label printed matter stating or representing by implication that such commodity is offered for retail sale at a price lower than ordinary and customary retail price or that a retail sale price is accorded purchasers thereof by reason of size of the package or quantity of its contents;
[PL 1969, c. 325 (NEW).]
4.  Usual name.
Requiring that the label on each package of a consumer commodity bear the common or usual name of such commodity and in the case such commodity consists of 2 or more ingredients, the common or usual name of each ingredient listed in decreasing predominance.
[PL 1969, c. 325 (NEW).]
SECTION HISTORY
PL 1969, c. 325 (NEW). PL 1977, c. 694, §51 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 5: MAINE FAIR PACKAGING AND LABELING ACT › 7 §528. Exemptions

§528. Exemptions
All packages of consumer commodities that have been labeled in accordance with federal regulations established by the United States Department of Health and Human Services, the Federal Trade Commission or the United States Department of Agriculture are in compliance with this subchapter.   [PL 2005, c. 512, §27 (AMD).]
SECTION HISTORY
PL 1969, c. 325 (NEW). PL 1973, c. 625, §38 (AMD). PL 2005, c. 512, §27 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 5: MAINE FAIR PACKAGING AND LABELING ACT › 7 §529. Violations

§529. Violations
Any person, firm or corporation who shall fail, neglect or refuse to comply with any of the provisions of this subchapter, or the rules and regulations issued thereunder, commits a civil violation for which the following forfeiture may be adjudged:   [PL 1977, c. 696, §61 (RPR).]
1.  First violation.
For the first violation, a forfeiture not to exceed $100; and
[PL 1977, c. 696, §61 (NEW).]
2.  Subsequent violations.
For each subsequent violation, a forfeiture not to exceed $200.
[PL 1977, c. 696, §61 (NEW).]
SECTION HISTORY
PL 1969, c. 325 (NEW). PL 1977, c. 696, §61 (RPR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 7: LABELING FOODS FREE OF GENETIC ENGINEERING › 7 §530-A. Voluntary labeling

§530-A. Voluntary labeling
1.  Labeling permitted; rules.
Beginning January 1, 2002, a label may be placed on any food, food product or food ingredient offered for sale in the State designating that food, food product or food ingredient as free of or made without recombinant deoxyribonucleic acid technology, genetic engineering or bioengineering. The department shall adopt rules implementing this subsection. The rules must allow any food 1% or less of which consists of genetically engineered ingredients to be labeled as free of genetically engineered ingredients. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A.
[PL 2001, c. 334, §1 (NEW).]
2.  Department verification.
The department may investigate a business operation that claims a food, food product or food ingredient sold in the State by the business operation is free of or made without recombinant deoxyribonucleic acid technology, genetic engineering or bioengineering for the purposes of verifying the claim.
[PL 2001, c. 334, §1 (NEW).]
3.  Misbranding.
If a manufacturer, distributor, processor, wholesaler or retailer falsely labels or advertises any food, food product or food ingredient offered for sale in the State as free of or made without recombinant deoxyribonucleic acid technology, genetic engineering or bioengineering, the food, food product or food ingredient is misbranded in violation of section 488‑A.
[PL 2003, c. 452, Pt. B, §5 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 2001, c. 334, §1 (NEW). PL 2003, c. 452, §B5 (AMD). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 1: APPLES › 7 §531. Definitions

§531. Definitions
For the purpose of this subchapter, apples packed in a closed package or container or sold at retail in bulk or in an open package or container shall be deemed to be adulterated if their measure, quality, grade or purity do not conform in each particular to the claims made upon the affixed guaranty, and shall be deemed to be misbranded:
1.  Container fails to bear all statements.
If the package or container, whether open or closed, fails to bear all statements required by section 534;
2.  False or misleading statements.
If the package or container, whether open or closed, bears any statement, design or device regarding such article or its contents which shall be false or misleading in any particular or is falsely branded in any particular.
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 1: APPLES › 7 §532. Standard box for apples

§532. Standard box for apples
The standard box for apples shall have the following inside dimensions when measured without distention of parts: Length, 17 inches; width, 13 inches; height, 11 inches. A box having a capacity of 2,431 cubic inches shall be a lawful bushel.   [PL 1977, c. 696, §62 (AMD).]
SECTION HISTORY
PL 1977, c. 696, §62 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 1: APPLES › 7 §533. Standard grades established

§533. Standard grades established
The grades for apples recommended by the United States Department of Agriculture and recognized in the central markets of the country as government grades and such other grades or standards as may be promulgated by the commissioner under sections 441 to 447, are made the official state grades for apples of the State presented for intrastate or interstate shipment. All containers as presented for shipment whether by truck, train or boat shall have written, stamped or attached thereon the provisions required in section 534.
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 1: APPLES › 7 §534. Labels; sales in bulk or open package

§534. Labels; sales in bulk or open package
Every closed package or container of apples, which is packed, sold, distributed, transported, offered or exposed for sale, distribution or transportation in the State by any person shall have affixed in a conspicuous place on the outside thereof a plainly printed statement clearly and truly stating the name and address of the owner or shipper of the apples at the time of packing, the name of the variety, the class or grade of the apples contained therein and the minimum size or the numerical count of the apples in the packages, together with the minimum volume of the apples in the container. If the apples were grown in Maine, that fact shall be plainly designated.
All apples sold, offered, exposed or advertised for sale at retail in bulk or in open packages or containers shall be plainly and conspicuously marked and identified as to variety and grade.
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 1: APPLES › 7 §535. Prohibitions

§535. Prohibitions
No person shall, within this State, pack, sell, distribute, transport, offer or expose for sale, distribution or transportation apples which are adulterated or misbranded within the meaning of section 531.
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 1: APPLES › 7 §536. Advertising

§536. Advertising
When apples are advertised for sale by radio, television, newspapers or any other medium in which the price is to be quoted, such advertisement must state the correct grade, size and variety.
No signs, flyers, advertisements or false labels shall be used to sell or offer for sale or expose for sale any apples which do not conform to the standards as established in section 533. When signs, flyers or posters are used to advertise the price of apples, the variety, size or numerical count, and grade must be shown on such signs, flyers and posters.
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 1: APPLES › 7 §537. Sale and movement of apples

§537. Sale and movement of apples
A person, firm or corporation may not within this State sell, distribute, transport, offer or expose for sale, distribution or transportation any apples that do not conform to the apple grades established in section 533. This section does not apply to any person, firm or corporation supplying apples consigned to a processing plant for use therein. This subchapter may not be construed to prevent a grower or shipper of apples from delivering the same to a packing house for grading or to a processing plant or cold storage plant where apples are stored and prepared for market. Apples that do not meet the established grades or classifications as provided by section 533 may be sold as culls as long as the package or container is conspicuously marked with the word "Culls". The commissioner shall diligently enforce this section and in person or by deputy has free access, ingress and egress at all reasonable hours to any place or any building wherein apples are stored, transported, sold, offered or exposed for sale or for transportation. The commissioner may in person or by deputy upon tendering the market price take samples of apples therefrom.   [RR 2021, c. 1, Pt. B, §88 (COR).]
SECTION HISTORY
RR 2021, c. 1, Pt. B, §88 (COR).