reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 4: AGRICULTURAL FAIRS AND PULLING EVENTS › 7 §94. Entry fees; lien on animals or articles

§94. Entry fees; lien on animals or articles
1.  Payment of entry fee.
A person who enters an animal or article in a competition for premiums offered by a licensee must pay the entry fee in accordance with the advertised rules and regulations of the licensee, as long as the rules and regulations are not in conflict with the laws of the State or rules adopted in accordance with the laws of the State.
[PL 2005, c. 563, §3 (NEW).]
2.  Lien for failure to pay.
When an entry fee is not paid as required under subsection 1, a lien is created upon an animal or article to secure payment with costs. The lien may be enforced by a civil action against the person owning the animal or article, or the person entering the animal or article in the competition. Alternatively, the lien may be enforced in the same manner as liens on goods in possession.
[PL 2005, c. 563, §3 (NEW).]
3.  Exception to lien.
A lien under subsection 2 does not affect the ownership of an animal or article when a person who was not responsible for the entry fee and had no notice of the lien purchases the animal or article.
[PL 2005, c. 563, §3 (NEW).]
SECTION HISTORY
PL 2005, c. 563, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 4: AGRICULTURAL FAIRS AND PULLING EVENTS › 7 §95. Restriction on sale of goods and refreshments; lease of land

§95. Restriction on sale of goods and refreshments; lease of land
1.  Sale of goods and exhibitions restricted.
A person who sells refreshments or other merchandise, or exhibits a show or play, unless in that person's own dwelling or usual place of business, within a quarter of a mile of the fairgrounds during the time a licensed fair is conducted is subject to a forfeit of not more than $100 to the licensee.
[PL 2005, c. 563, §3 (NEW).]
2.  Lease restricted.
A person who leases any land or building adjoining or overlooking the fairgrounds to spectators of an exhibition on the fairgrounds during the time of the exhibition, without the written consent of the licensee, is subject to a forfeit of not more than $100 to the licensee.
[PL 2005, c. 563, §3 (NEW).]
3.  Recovery on complaint.
A forfeiture under this section may be recovered on complaint of the licensee.
[PL 2005, c. 563, §3 (NEW).]
SECTION HISTORY
PL 2005, c. 563, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 4: AGRICULTURAL FAIRS AND PULLING EVENTS › 7 §99. Pull superintendent

§99. Pull superintendent
1.  Appointment.
Each person or entity conducting a pulling event shall appoint a pull superintendent who is certified by the commissioner as qualified in accordance with rules adopted under section 98. The name of the pull superintendent must be submitted in conjunction with the application for a permit to conduct each event. Only a person listed on the application as a pull superintendent or assistant pull superintendent may officiate.
[PL 2005, c. 563, §3 (NEW).]
2.  Restrictions on officiating.
A pull superintendent may not officiate as pull superintendent for a class in a pulling event in which that pull superintendent is participating as a competitor. An assistant pull superintendent may not officiate as pull superintendent for a class in a pulling event in which that assistant pull superintendent is participating as a competitor.
[PL 2005, c. 563, §3 (NEW).]
3.  Enforcement responsibilities.
A pull superintendent shall enforce the laws and rules governing pulling events and shall report participants who are disqualified, violations of the law and other matters, as appropriate, to the Pull Events Commission.
[PL 2005, c. 563, §3 (NEW).]
SECTION HISTORY
PL 2005, c. 563, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 4: AGRICULTURAL FAIRS AND PULLING EVENTS › 7 §100. Enforcement actions by commission

§100. Enforcement actions by commission
Upon receipt of a report pursuant to section 99, subsection 3, the Pull Events Commission shall send a copy of the report to the sponsor whose name appears on the application for the pulling event and to the person whose conduct has been reported to the commission.   [PL 2005, c. 563, §3 (NEW).]
1.  Violation by driver.
Upon receipt of a written report alleging that a driver has violated the laws or rules governing pulling events, the Pull Events Commission may after a hearing disqualify a driver from participation in pulling events.
[PL 2017, c. 207, §10 (AMD).]
2.  Violation by pull superintendent or assistant pull superintendent.
Upon receipt of a written report alleging that a pull superintendent or assistant pull superintendent has violated the laws or rules governing pulling events or has failed to take appropriate action to enforce the laws and rules governing pulling events, the Pull Events Commission may after a hearing suspend or revoke that person's certification to act as a pull superintendent.
[PL 2005, c. 563, §3 (NEW).]
SECTION HISTORY
PL 2005, c. 563, §3 (NEW). PL 2017, c. 207, §10 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 4: AGRICULTURAL FAIRS AND PULLING EVENTS › 7 §101. Violations relating to pulling events

§101. Violations relating to pulling events
1.  Conducting pulling event without permit.
A person that conducts, causes to be conducted or sponsors a public or private pulling event between animals or pairs of animals within the State without a permit from the commissioner commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
[PL 2005, c. 563, §3 (NEW).]
2.  Prohibition on participating in pulling events.
A person who has been convicted of a violation of Title 17, section 1031 or has been adjudicated to have committed a civil violation of section 4011 within the previous 5 years may not participate as an animal owner or handler or in any other capacity, directly or indirectly, in a pulling event. A person who participates in a pulling event in violation of this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
[PL 2005, c. 563, §3 (NEW).]
3.  Permit revocation.
The commissioner may, in accordance with Title 5, chapter 375, revoke or refuse to renew a permit to hold a pulling event:
A. If after receiving notice from the department the sponsor of a pulling event allows a person to participate as an owner or handler or in any other capacity, directly or indirectly, in a pulling event within 5 years of that person's being convicted of a violation of Title 17, section 1031 or being adjudicated of a civil violation of section 4011; or   [PL 2005, c. 563, §3 (NEW).]
B. When the commissioner has received written notification from the Pull Events Commission of violations of laws or rules at a pulling event conducted under a permit held by that sponsor.   [PL 2005, c. 563, §3 (NEW).]
[PL 2005, c. 563, §3 (NEW).]
SECTION HISTORY
PL 2005, c. 563, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 4: AGRICULTURAL FAIRS AND PULLING EVENTS › 7 §102. Reciprocal disciplinary action

§102. Reciprocal disciplinary action
The department shall obtain current listings from other jurisdictions of persons who have been suspended or barred from pulling competitions. The department shall refuse to allow any person who has been suspended or barred from pulling competitions in another jurisdiction to compete in any pulling competition until the department receives notification from the jurisdiction that has suspended or barred the person from pulling competitions that the person is again eligible to compete in pulling competitions in that jurisdiction.   [PL 2013, c. 155, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 155, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 4: AGRICULTURAL FAIRS AND PULLING EVENTS › 7 §103. Agricultural Fair Promotion Fund

§103. Agricultural Fair Promotion Fund
1.  Eligible nonprofit organization defined.
As used in this section, "eligible nonprofit organization" means a nonprofit organization that is exempt from federal income taxation under Section 501(a) of the United States Internal Revenue Code of 1986 as an organization described by Section 501(c) and that has had, for at least the preceding 25 years, a sole or primary purpose of promoting agricultural fairs in the State.
[PL 2021, c. 681, Pt. J, §2 (NEW).]
2.  Identification of eligible nonprofit organizations.
On January 1st and July 1st of each year, the commissioner shall send a list of all eligible nonprofit organizations to the Treasurer of State.
[PL 2021, c. 681, Pt. J, §2 (NEW).]
3.  Fund created.
The Treasurer of State shall establish an account to be known as "the Agricultural Fair Promotion Fund" and shall credit to it all money received under Title 8, section 1218, subsection 1, paragraph E. The fund is a dedicated, nonlapsing fund. All revenues deposited in the fund must be disbursed in accordance with this section.
[PL 2021, c. 681, Pt. J, §2 (NEW).]
4.  Distribution.
On January 31st and July 31st of each year, all amounts credited to the fund established pursuant to this section as of the last day of the preceding month and not distributed before that day must be distributed by the Treasurer of State in equal shares to each organization in the State that has been identified by the commissioner as an eligible nonprofit organization under subsection 2.
[PL 2021, c. 681, Pt. J, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 681, Pt. J, §2 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 5: BOARD OF AGRICULTURE AND MAINE AGRICULTURAL EXPERIMENT STATION › 7 §121. Maine Agricultural Experiment Station

§121. Maine Agricultural Experiment Station
1.  Establishment.
The department of the University of Maine System known and designated as the Maine Agricultural Experiment Station, referred to in this section as the "station," established at the University of Maine at Orono in connection with the university and under the direction of the university, the director and the Board of Agriculture, for the purpose of carrying into effect an Act of the Congress of the United States, approved March 2, 1887, to establish agricultural experiment stations in connection with the colleges established in the several states under an Act approved July 2, 1862, and of the Acts supplementary thereto, must be maintained in accordance with the purposes for which it was originally established.
[PL 1997, c. 711, §3 (NEW).]
2.  Director.
The President of the University of Maine at Orono, in consultation with the Board of Agriculture, shall appoint for a term of 5 years the Director of the Maine Agricultural Experiment Station, referred to in this section as the "director." After the term has expired, the director is eligible for reappointment. The director may be removed by the President of the University of Maine at Orono, in consultation with the Board of Agriculture, for cause. The director shall work with the Board of Agriculture to oversee the work of the university faculty at the station. The director of the station is the executive and administrative officer of the station and shall exercise supervision, direction and control over the station in accordance with the programs and policies of the University of Maine System and those established by the Board of Agriculture.
[PL 1997, c. 711, §3 (NEW).]
SECTION HISTORY
PL 1985, c. 779, §25 (AMD). PL 1997, c. 711, §3 (RPR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 5: BOARD OF AGRICULTURE AND MAINE AGRICULTURAL EXPERIMENT STATION › 7 §122. Orcharding and crops

§122. Orcharding and crops
The Maine Agricultural Experiment Station shall conduct scientific investigations in orcharding, corn and other farm crops and, to this end, shall maintain the farms purchased in the name of the State, and stocked and equipped for the use and benefit of the station. The Director of the Maine Agricultural Experiment Station, with the agreement of the Board of Agriculture, has the general supervision, management and control of those farms and of all investigations thereon. The board and the director shall seek agreement on all issues. In the event that agreement can not be reached, final authority rests with the director.   [PL 2005, c. 512, §2 (AMD).]
SECTION HISTORY
PL 1997, c. 711, §4 (AMD). PL 2005, c. 512, §2 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 5: BOARD OF AGRICULTURE AND MAINE AGRICULTURAL EXPERIMENT STATION › 7 §123. Animal husbandry

§123. Animal husbandry
The Maine Agricultural Experiment Station shall conduct scientific investigations in animal husbandry, including experiments and observations on dairy cattle and other domestic animals, and these investigations are under the control of the director of the station with the agreement of the Board of Agriculture. The experiments in animal husbandry may be conducted at any of the farms owned by the State. The board and the director shall seek agreement on all issues. In the event that agreement can not be reached, final authority rests with the director.   [PL 1997, c. 711, §4 (AMD).]
SECTION HISTORY
PL 1997, c. 711, §4 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 5: BOARD OF AGRICULTURE AND MAINE AGRICULTURAL EXPERIMENT STATION › 7 §124. Expenditure of appropriation

§124. Expenditure of appropriation
Sums that are appropriated in favor of the Maine Agricultural Experiment Station must be expended by the director of the station with the agreement of the Board of Agriculture in executing sections 121, 122 and 123. The board and the director shall seek agreement on all issues. In the event that agreement can not be reached, final authority rests with the director.   [PL 1997, c. 711, §4 (AMD).]
SECTION HISTORY
PL 1997, c. 711, §4 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 6: MAINE AGRICULTURE PROTECTION ACT › 7 §151. Short title

§151. Short title
This Act may be known and cited as "the Maine Agriculture Protection Act."   [PL 2007, c. 649, §3 (NEW).]
SECTION HISTORY
PL 2007, c. 649, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 6: MAINE AGRICULTURE PROTECTION ACT › 7 §152. Definitions

§152. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2007, c. 649, §3 (NEW).]
1.  Agricultural composting operation.
"Agricultural composting operation" means composting that takes place on a farm. "Agricultural composting operation" does not include an operation that involves nonorganic municipal solid waste or that composts municipal sludge, septage, industrial solid waste or industrial sludge. "Agricultural composting operation" does not include an operation that composts materials with a moderate or high risk of contamination from heavy metals, volatile and semivolatile organic compounds, polychlorinated biphenyls or dioxin.
[PL 2007, c. 649, §3 (NEW).]
2.  Agricultural products.
"Agricultural products" means those plants and animals and their products that are useful to humans and includes, but is not limited to, forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, bees and bees' products, livestock and livestock products, manure and compost and fruits, berries, vegetables, flowers, seeds, grasses and other similar products, or any other plant, animal or plant or animal products that supply humans with food, feed, fiber or fur. "Agricultural products" does not include trees grown and harvested for forest products.
[PL 2015, c. 145, §1 (AMD).]
3.  Agricultural support services.
"Agricultural support services" means the aerial or surface application of seed, fertilizer, pesticides or soil amendments and custom harvesting.
[PL 2007, c. 649, §3 (NEW).]
4.  Composting.
"Composting" means the controlled aerobic decomposition of organic materials to produce a soil-like product beneficial to plant growth and suitable for agronomic use.
[PL 2007, c. 649, §3 (NEW).]
5.  Farm.
"Farm" means the land, plants, animals, buildings, structures, ponds and machinery used in the commercial production of agricultural products.
[PL 2007, c. 649, §3 (NEW).]
6.  Farm operation.
"Farm operation" means a condition or activity that occurs on a farm in connection with the commercial production of agricultural products and includes, but is not limited to, operations giving rise to noise, odors, dust, insects and fumes; operation of machinery and irrigation pumps; disposal of manure; agricultural support services; and the employment and use of labor.
[PL 2007, c. 649, §3 (NEW).]
SECTION HISTORY
PL 2007, c. 649, §3 (NEW). PL 2015, c. 145, §1 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 6: MAINE AGRICULTURE PROTECTION ACT › 7 §153. Farm; farm operation or agricultural composting operation not a nuisance

§153. Farm; farm operation or agricultural composting operation not a nuisance
A farm, farm operation or agricultural composting operation may not be considered a public or private nuisance under Title 17, chapter 91 if the farm, farm operation or agricultural composting operation alleged to be a nuisance is in compliance with applicable state and federal laws, rules and regulations and:   [PL 2007, c. 649, §3 (NEW).]
1.  Farm; farm operation; agricultural composting operation.
The farm, farm operation or agricultural composting operation conforms to best management practices, as determined by the commissioner in accordance with Title 5, chapter 375;
[PL 2007, c. 649, §3 (NEW).]
2.  Storage or use of farm nutrients; complaints.
For complaints regarding the storage or use of farm nutrients as defined in section 4201, subsection 4, the farm, farm operation or agricultural composting operation has implemented a nutrient management plan developed in accordance with section 4204 and operation of the farm, farm operation or agricultural composting operation is consistent with the nutrient management plan; or
[PL 2007, c. 649, §3 (NEW).]
3.  Change in land use; occupancy of land.
The farm, farm operation or agricultural composting operation existed before a change in the land use or occupancy of land within one mile of the boundaries of the farm, farm operation or agricultural composting operation as long as, before the change in land use or occupancy, the farm, farm operation or agricultural composting operation would not have been considered a nuisance. This subsection does not apply to a farm, farm operation or agricultural composting operation that materially changes the conditions or nature of the farm, farm operation or agricultural composting operation after a change in the land use or occupancy of land within one mile of the boundaries of the farm, farm operation or agricultural composting operation. Nothing in this subsection affects the applicability of any of the other provisions of this chapter.
[PL 2007, c. 649, §3 (NEW).]
SECTION HISTORY
PL 2007, c. 649, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 6: MAINE AGRICULTURE PROTECTION ACT › 7 §154. Violation of municipal ordinances

§154. Violation of municipal ordinances
A farm operation or agricultural composting operation located in an area where agricultural activities are permitted may not be considered a violation of a municipal ordinance if the farm operation or agricultural composting operation conforms to best management practices as determined by the commissioner in accordance with section 153, subsection 1.   [PL 2015, c. 145, §2 (AMD).]
SECTION HISTORY
PL 2007, c. 649, §3 (NEW). PL 2015, c. 145, §2 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 6: MAINE AGRICULTURE PROTECTION ACT › 7 §155. Application; municipal ordinances

§155. Application; municipal ordinances
This chapter does not affect the application of state and federal laws. A municipality must provide the commissioner with a copy of any proposed ordinance that affects farm operations or agricultural composting operations. The clerk of the municipality or a municipal official designated by the clerk shall submit a copy of the proposed ordinance to the commissioner at least 90 days prior to the meeting of the legislative body or public hearing at which adoption of the ordinance will be considered. The commissioner shall review the proposed ordinance and advise the municipality as to whether the proposed ordinance restricts or prohibits the use of best management practices. This section does not affect municipal authority to enact ordinances.   [PL 2015, c. 145, §3 (AMD).]
SECTION HISTORY
PL 2007, c. 649, §3 (NEW). PL 2015, c. 145, §3 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 6: MAINE AGRICULTURE PROTECTION ACT › 7 §156. Complaint resolution

§156. Complaint resolution
The commissioner shall investigate all complaints involving a farm, farm operation or agricultural composting operation, including, but not limited to, complaints involving the use of waste products, groundwater and surface water pollution and insect infestations. In cases of insect infestations not arising from agricultural activities, when the State Entomologist believes that the infestation is a public nuisance and is able to identify the source or sources of the infestation, the commissioner shall refer the matter to the Department of the Attorney General. If the commissioner finds upon investigation that the person responsible for the farm, farm operation or agricultural composting operation is using best management practices, the commissioner shall notify that person and the complainant of this finding in writing. Notwithstanding section 153, subsection 3, if the commissioner identifies the source or sources of the problem and finds that the problem is caused by the use of other than best management practices, the commissioner shall:   [PL 2007, c. 649, §3 (NEW).]
1.  Changes.
Determine the changes needed in the farm, farm operation or agricultural composting operation to comply with best management practices and prescribe site-specific best management practices for that farm, farm operation or agricultural composting operation;
[PL 2007, c. 649, §3 (NEW).]
2.  Advise person responsible.
Advise the person responsible for the farm, farm operation or agricultural composting operation of the changes, as determined in subsection 1, that are necessary to conform with best management practices and determine subsequently if those changes are implemented; and
[PL 2007, c. 649, §3 (NEW).]
3.  Findings.
Give the findings of the initial investigation and subsequent investigations and any determination of compliance to the complainant and person responsible.
[PL 2007, c. 649, §3 (NEW).]
SECTION HISTORY
PL 2007, c. 649, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 6: MAINE AGRICULTURE PROTECTION ACT › 7 §157. Good faith

§157. Good faith
The Maine Rules of Civil Procedure, Rule 11 applies in any private action filed against the owner or operator of a farm, farm operation or agricultural composting operation in which it is alleged that the farm, farm operation or agricultural composting operation constitutes a nuisance if it is determined that the action was not brought in good faith and was frivolous or intended for harassment only.   [PL 2007, c. 649, §3 (NEW).]
SECTION HISTORY
PL 2007, c. 649, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 6: MAINE AGRICULTURE PROTECTION ACT › 7 §158. Failure to adopt best management practices

§158. Failure to adopt best management practices
If the person responsible for a farm, farm operation or agricultural composting operation does not apply best management practices as required by the commissioner, the commissioner shall send a written report to an appropriate agency if a federal or state law has been violated and to the Attorney General. The Attorney General may institute an action to abate a nuisance or to enforce the provisions of this chapter or any other applicable state law, and the court may order the abatement with costs as provided under Title 17, section 2702, such injunctive relief as provided in this section or by other applicable law, or that a civil violation has been committed. Failure to apply best management practices in accordance with this chapter constitutes a separate civil violation for which a fine of up to $1,000, together with an additional fine of up to $250 per day for every day that the violation continues, may be adjudged.   [PL 2007, c. 649, §3 (NEW).]
SECTION HISTORY
PL 2007, c. 649, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 6: MAINE AGRICULTURE PROTECTION ACT › 7 §159. Agricultural Complaint Response Fund

§159. Agricultural Complaint Response Fund
There is established the nonlapsing Agricultural Complaint Response Fund. The commissioner may accept from any source funds designated to be placed in the fund. The commissioner may authorize expenses from the fund as necessary to investigate complaints involving a farm, farm operation or agricultural composting operation and to abate conditions potentially resulting from farms, farm operations or agricultural composting operations.   [PL 2007, c. 649, §3 (NEW).]
SECTION HISTORY
PL 2007, c. 649, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 6: MAINE AGRICULTURE PROTECTION ACT › 7 §160. Educational outreach

§160. Educational outreach
The commissioner shall conduct an educational outreach program for the agricultural community to increase awareness of the provisions of this chapter and the best management practices of the department. The commissioner shall inform the public about the provisions of this chapter, the complaint resolution process adopted by the department and state policy with respect to preservation and protection of agricultural and natural resources.   [PL 2007, c. 649, §3 (NEW).]
SECTION HISTORY
PL 2007, c. 649, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 6: MAINE AGRICULTURE PROTECTION ACT › 7 §161. Rules

§161. Rules
The commissioner shall adopt rules in accordance with the Maine Administrative Procedure Act to interpret and implement this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2007, c. 649, §3 (NEW).]
SECTION HISTORY
PL 2007, c. 649, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 6-A: MANAGEMENT OF MOSQUITOES › 7 §171. Management of mosquitoes for protection of public health; state policy

§171. Management of mosquitoes for protection of public health; state policy
It is the policy of the State to work to find and implement ways to prevent mosquito-borne diseases in a manner that minimizes risks to humans and the environment. The State, led by the department and the Department of Health and Human Services pursuant to this chapter and Title 22, chapter 257‑B, respectively, shall monitor mosquito-borne diseases and shall base mosquito management methods, including potential pesticide use, on an evaluation of the most current risk assessments. On a continuing basis, the State shall research and evaluate means of reducing disease-carrying mosquitoes without the use of pesticides. When the Department of Health and Human Services determines that the disease risk is high and public education efforts are insufficient to adequately prevent mosquito-borne diseases in the State, the Department of Health and Human Services may declare a mosquito-borne disease public health threat pursuant to Title 22, chapter 257‑B and the State may undertake emergency activities to reduce disease-carrying mosquito populations that threaten the health of residents of this State. The State in undertaking emergency activities shall use a combination of the lowest risk, most effective integrated pest management techniques and science-based technology and shall consult with officials from affected municipalities in determining the most appropriate combination of response strategies.   [PL 2013, c. 548, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 548, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 6-A: MANAGEMENT OF MOSQUITOES › 7 §172. Department lead agency; powers of commissioner

§172. Department lead agency; powers of commissioner
1.  Lead agency.
The department is the lead agency of the State for carrying out mosquito management activities as described in this chapter.
[PL 2013, c. 548, §1 (NEW).]
2.  Management methods.
The commissioner may use appropriate methods for the management of mosquitoes and the prevention of their breeding in a manner consistent with section 171, including, but not limited to, conducting or contracting for mosquito management activities and purchasing equipment necessary for the purposes of carrying out this chapter.
[PL 2013, c. 548, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 548, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 6-A: MANAGEMENT OF MOSQUITOES › 7 §173. Duties of commissioner

§173. Duties of commissioner
1.  Study; plan; arrange cooperation.
When sufficient money for such purposes is available in the fund, the commissioner, in cooperation with appropriate personnel from the Department of Health and Human Services, shall:
A. Consider and study mosquito management problems, including mosquito surveillance;   [PL 2013, c. 548, §1 (NEW).]
B. Identify means of managing disease-carrying mosquitoes in a manner that minimizes pesticide use;   [PL 2013, c. 548, §1 (NEW).]
C. Coordinate plans for mosquito management work that may be conducted by private landowners, groups, organizations, municipalities, counties and mosquito management districts formed pursuant to section 175; and   [PL 2013, c. 548, §1 (NEW).]
D. Arrange, to the extent practicable, cooperation among state departments and with federal agencies in conducting mosquito management operations within the State.   [PL 2013, c. 548, §1 (NEW).]
[PL 2013, c. 548, §1 (NEW).]
2.  Consultation.
The commissioner shall consult with the University of Maine Cooperative Extension and private sector experts and municipalities in developing plans and procedures for implementing this chapter.
[PL 2013, c. 548, §1 (NEW).]
3.  Assist with disseminating information.
When sufficient money for such purposes is available in the fund, the commissioner, in cooperation with appropriate personnel from the Department of Health and Human Services and experts from the University of Maine Cooperative Extension, shall assist private landowners, groups, organizations, municipalities, counties and mosquito management districts formed pursuant to section 175 to disseminate information to the residents of the State about ways to reduce mosquito populations, to eliminate mosquito breeding sites and to protect themselves from mosquito-borne diseases as well as other relevant information.
[PL 2013, c. 548, §1 (NEW).]
4.  Implement mosquito management response.
When a mosquito-borne disease public health threat is declared by the Commissioner of Health and Human Services pursuant to Title 22, section 1447, the Commissioner of Agriculture, Conservation and Forestry shall implement an effective management response consistent with section 171. The management response must include combinations of integrated pest management techniques. The Commissioner of Agriculture, Conservation and Forestry shall consider the availability of funds in the fund in planning the response.
[PL 2013, c. 548, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 548, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 6-A: MANAGEMENT OF MOSQUITOES › 7 §174. Maine Mosquito Management Fund

§174. Maine Mosquito Management Fund
The Maine Mosquito Management Fund, referred to in this chapter as "the fund," is established to carry out the purposes of this chapter. The fund consists of any money received as contributions, grants or appropriations from private and public sources. The fund, to be accounted for within the department, must be held separate and apart from all other money, funds and accounts. Any balance remaining in the fund at the end of a fiscal year does not lapse but must be carried forward to the next fiscal year. The department may expend the money available in the fund and make grants to private landowners, groups, organizations, agencies, municipalities, counties, the University of Maine Cooperative Extension and mosquito management districts formed pursuant to section 175 to carry out the purposes of this chapter.   [PL 2013, c. 548, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 548, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 6-A: MANAGEMENT OF MOSQUITOES › 7 §175. Mosquito management districts

§175. Mosquito management districts
For the purposes of preserving and promoting the public health and welfare by providing for coordinated and effective management of mosquitoes, municipalities may cooperate with each other through the creation of mosquito management districts.   [PL 2013, c. 548, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 548, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 6-A: MANAGEMENT OF MOSQUITOES › 7 §176. Rules

§176. Rules
The commissioner may adopt rules to carry out the purposes of this chapter. Rules adopted pursuant to this section are major substantive rules as described in Title 5, chapter 375, subchapter 2‑A.   [PL 2013, c. 548, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 548, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 7: EXTENSION WORK WITH STATE UNIVERSITY › 7 §191. Purpose

§191. Purpose
In order to aid in diffusing among the people of this State useful and practical information on subjects relating to agriculture and natural resources, youth development, and home economics and community life and to encourage the application of the same, there may be inaugurated in each of the several counties of the State extension work which shall be carried on in cooperation with the Trustees of the University of Maine System and the University of Maine.   [PL 1985, c. 779, §26 (AMD).]
SECTION HISTORY
PL 1985, c. 283, §1 (AMD). PL 1985, c. 779, §26 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 7: EXTENSION WORK WITH STATE UNIVERSITY › 7 §192. Demonstrations and information

§192. Demonstrations and information
Cooperative extension work shall consist of the giving of practical demonstrations in agriculture and natural resources, youth development, and home economics and community life and imparting information on those subjects through field demonstrations, publications and otherwise. This work shall be carried on in each county in such manner as may be mutually agreed upon by the executive committee of the county extension association provided for in section 193, and the trustees of the University of Maine System, the University of Maine, or their duly appointed representatives.   [PL 1985, c. 779, §27 (AMD).]
SECTION HISTORY
PL 1985, c. 283, §2 (AMD). PL 1985, c. 779, §27 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 7: EXTENSION WORK WITH STATE UNIVERSITY › 7 §193. County extension associations

§193. County extension associations
For the purpose of carrying out this chapter, there may be created in each county or combination of 2 counties within the State an organization to be known as a "county extension association," and its services available to all residents of a county. Such county extension association shall have adopted a constitution and set of bylaws acceptable to the University of Maine and they shall be recognized as the official body within that county or counties for carrying on extension work in agriculture and natural resources, youth development, and home economics and community life within that county or counties in cooperation with the University of Maine. The county extension is viewed as a unique and important educational program of county government. The county extension association may make such regulations and bylaws for its government and the carrying on of its work as are not inconsistent with that chapter, provided that one such organization shall be formed in each county.   [PL 1985, c. 779, §28 (AMD).]
SECTION HISTORY
PL 1985, c. 283, §3 (AMD). PL 1985, c. 779, §28 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 7: EXTENSION WORK WITH STATE UNIVERSITY › 7 §194. Budget and taxes

§194. Budget and taxes
The executive committee of each county extension association shall prepare an annual budget as requested, showing in detail its estimate of the amount of money to be expended under this chapter within the county or counties for the fiscal year, shall submit the same to a vote of the association at the regular annual meeting and, if the budget is approved by a majority vote of the members of the association present at such meeting, the executive committee shall submit the same to the board of county commissioners on a date requested by the county commissioners, and the county commissioners may, if they deem it justifiable, adopt an appropriate budget for the county extension program and levy a tax therefor. The amount thus raised by direct taxation within any county or combination of counties for the purposes of this chapter shall be used for the salaries of clerks, provision of office space, supplies, equipment, postage, telephone, a contribution toward the salaries of county agents and such other expenses as necessary to maintain an effective county extension program. Whenever the inhabitants of 2 counties shall unite for organization in one association, the executive committee shall present its budget to the county commissioners of both counties. The county commissioners of those counties shall meet jointly to consider and adopt a budget for each county. The amount and proportion of the budget shall be shared in a manner determined by mutual agreement at a joint meeting of the county commissioners.   [PL 1985, c. 283, §4 (AMD).]
SECTION HISTORY
PL 1985, c. 283, §4 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 7: EXTENSION WORK WITH STATE UNIVERSITY › 7 §195. Annual reports

§195. Annual reports
A county extension association shall annually present to the University of Maine and the county commissioners its plan of extension work for the ensuing year and a full detailed report of its extension activities for the preceding fiscal year, including a detailed report of its receipts and expenditures from all sources. The financial report of a county extension association must be on forms prescribed by the University of Maine and the county commissioners.   [PL 2005, c. 512, §3 (AMD).]
SECTION HISTORY
PL 1985, c. 283, §5 (AMD). PL 1985, c. 779, §29 (AMD). PL 2005, c. 512, §3 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 7: EXTENSION WORK WITH STATE UNIVERSITY › 7 §197. Meat processing workforce development and education

§197. Meat processing workforce development and education
The University of Maine within available funding shall provide cooperative extension education regarding meat and poultry processing, including quality control training and hazard analysis and critical control point training and plan development for meat and poultry processors.   [RR 2023, c. 1, Pt. A, §4 (COR).]
SECTION HISTORY
PL 2023, c. 473, §1 (NEW). RR 2023, c. 1, Pt. A, §4 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 8: PURCHASE OF FOODSTUFFS FROM MAINE CONCERNS (REPEALED) › 7 §201. Statement of policy (REPEALED)

§201. Statement of policy
(REPEALED)
SECTION HISTORY
PL 1979, c. 448, §1 (NEW). MRSA T. 7 §205 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 8: PURCHASE OF FOODSTUFFS FROM MAINE CONCERNS (REPEALED) › 7 §202. Preference for in-state producers (REPEALED)

§202. Preference for in-state producers
(REPEALED)
SECTION HISTORY
PL 1979, c. 448, §1 (NEW). MRSA T. 7 §205 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 8: PURCHASE OF FOODSTUFFS FROM MAINE CONCERNS (REPEALED) › 7 §203. Administration by Department of Agriculture, Food and Rural Resources (REPEALED)

§203. Administration by Department of Agriculture, Food and Rural Resources
(REPEALED)
SECTION HISTORY
PL 1979, c. 448, §1 (NEW). PL 1979, c. 731, §19 (AMD). MRSA T. 7 §205 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 8: PURCHASE OF FOODSTUFFS FROM MAINE CONCERNS (REPEALED) › 7 §204. Cooperation by State Government organizations (REPEALED)

§204. Cooperation by State Government organizations
(REPEALED)
SECTION HISTORY
PL 1979, c. 448, §1 (NEW). PL 1979, c. 731, §19 (AMD). MRSA T. 7 §205 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 8: PURCHASE OF FOODSTUFFS FROM MAINE CONCERNS (REPEALED) › 7 §205. Termination (REPEALED)

§205. Termination
(REPEALED)
SECTION HISTORY
PL 1979, c. 448, §1 (NEW). MRSA T. 7 §205 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 8-A: FOOD AND FOOD POLICY › Subchapter 1: PURCHASE OF FOODSTUFFS FROM MAINE › 7 §211. Statement of policy

§211. Statement of policy
It is the policy of the State to encourage the procurement of Maine foods and food products by state institutions to increase the viability of Maine farms and food businesses, thus making a positive contribution to the State's economy and enhancing food self-sufficiency for the State.   [PL 2019, c. 677, §1 (AMD).]
SECTION HISTORY
PL 1983, c. 608, §2 (NEW). PL 2019, c. 677, §1 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 8-A: FOOD AND FOOD POLICY › Subchapter 1: PURCHASE OF FOODSTUFFS FROM MAINE › 7 §212. Definitions

§212. Definitions
1.  Brokers or wholesalers.
[PL 2019, c. 677, §2 (RP).]
2.  Maine food producer.
"Maine food producer" means any person who is a resident farmer, person who fishes commercially or processor of food grown or harvested in the State, or an association of resident farmers, persons who fish commercially or food processors in a cooperative or producer group.
[PL 2019, c. 677, §3 (AMD).]
3.  State or school purchaser.
[PL 2019, c. 677, §4 (RP).]
SECTION HISTORY
PL 1983, c. 608, §2 (NEW). PL 1989, c. 443, §18 (AMD). PL 2003, c. 20, §OO2 (AMD). PL 2003, c. 20, §OO4 (AFF). PL 2019, c. 677, §§2-4 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 8-A: FOOD AND FOOD POLICY › Subchapter 1: PURCHASE OF FOODSTUFFS FROM MAINE › 7 §213. Implementation of state policy to purchase foodstuffs from Maine concerns (REPEALED)

§213. Implementation of state policy to purchase foodstuffs from Maine concerns
(REPEALED)
SECTION HISTORY
PL 1983, c. 608, §2 (NEW). PL 2005, c. 382, §C1 (AMD). PL 2019, c. 677, §5 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 8-A: FOOD AND FOOD POLICY › Subchapter 1: PURCHASE OF FOODSTUFFS FROM MAINE › 7 §214. Coordination of purchases of foodstuffs from Maine concerns (REPEALED)

§214. Coordination of purchases of foodstuffs from Maine concerns
(REPEALED)
SECTION HISTORY
PL 1983, c. 608, §2 (NEW). PL 1985, c. 271, §§1,2 (AMD). PL 1989, c. 700, §A30 (AMD). PL 1991, c. 780, §DDD21 (AMD). PL 2003, c. 689, §B6 (REV). PL 2005, c. 382, §C2 (AMD). PL 2011, c. 655, Pt. EE, §12 (AMD). PL 2011, c. 655, Pt. EE, §30 (AFF). PL 2019, c. 677, §6 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 8-A: FOOD AND FOOD POLICY › Subchapter 1: PURCHASE OF FOODSTUFFS FROM MAINE › 7 §214-A. Maine foods procurement program

§214-A. Maine foods procurement program
In accordance with this section, the commissioner shall establish and promote a Maine foods procurement program with the goal that, no later than 2025, 20% of all food and food products procured by state institutions are Maine food or food products.   [PL 2019, c. 677, §7 (NEW).]
1.  Institutional market development coordinator.
The commissioner shall designate an employee of the department as an institutional market development coordinator to serve as a representative to assist in the development of connections between state purchasers, Maine food producers, distributors and other institutional stakeholders.
[PL 2019, c. 677, §7 (NEW).]
2.  Guidelines.
The commissioner shall establish guidelines to assist state institutions to assess their ability to procure Maine foods and food products while minimizing costs for that procurement.
[PL 2019, c. 677, §7 (NEW).]
3.  Annual meeting.
The institutional market development coordinator may convene an annual meeting that brings together Maine food producers and food service professionals to enhance opportunities for cooperation and expand the purchase of Maine foods and food products by state institutions.
[PL 2019, c. 677, §7 (NEW).]
4.  Advisory committee.
The commissioner may establish an advisory committee to discuss strategies for expanding purchases of Maine foods and food products by state institutions. The advisory committee may be composed of representatives of state agencies, for-profit and nonprofit institutions and other relevant stakeholders identified by the commissioner.
[PL 2019, c. 677, §7 (NEW).]
5.  Report.
The commissioner shall include a description of the progress toward reaching the goal under this section in the biennial report submitted to the Legislature pursuant to section 2, subsection 5.
[PL 2019, c. 677, §7 (NEW).]
SECTION HISTORY
PL 2019, c. 677, §7 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 8-A: FOOD AND FOOD POLICY › Subchapter 1: PURCHASE OF FOODSTUFFS FROM MAINE › 7 §215. Standards (REPEALED)

§215. Standards
(REPEALED)
SECTION HISTORY
PL 1983, c. 608, §2 (NEW). PL 1989, c. 700, §A31 (AMD). PL 2019, c. 677, §8 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 8-A: FOOD AND FOOD POLICY › Subchapter 1: PURCHASE OF FOODSTUFFS FROM MAINE › 7 §215-A. Rule-making authority

§215-A. Rule-making authority
The commissioner shall adopt rules necessary to carry out the provisions of this subchapter. The rules must establish a method and baseline to determine the percentage of Maine food or food products procured by state institutions based on dollars spent. Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2019, c. 677, §9 (NEW).]
SECTION HISTORY
PL 2019, c. 677, §9 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 1: ADMINISTRATION › Chapter 8-A: FOOD AND FOOD POLICY › Subchapter 2: FOOD POLICY › 7 §216. Maine Food Policy Council (REPEALED)

§216. Maine Food Policy Council
(REPEALED)
SECTION HISTORY
RR 2005, c. 2, §6 (COR). PL 2005, c. 614, §4 (NEW). PL 2011, c. 344, §16 (RP).