reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 403: SEED POTATO BOARD › 7 §2153. Meetings; quorums

§2153. Meetings; quorums
The Seed Potato Board shall meet annually on such date and at such place as the board may appoint and shall meet at such other times as the board may determine necessary or when called by the chair of the board or any 2 members of the board upon 2 days' notice.   [PL 2009, c. 379, §3 (AMD).]
The presence at any meeting of at least 5 members of the board shall be necessary to constitute a quorum, and the concurring votes of not less than a majority of the members present at any meeting shall be necessary to the decision of any question or issue or the authorization of any action.   [PL 1983, c. 565, §5 (AMD).]
SECTION HISTORY
PL 1983, c. 565, §5 (AMD). PL 2009, c. 379, §3 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 403: SEED POTATO BOARD › 7 §2155. Records and proceedings

§2155. Records and proceedings
1.  Administration.
The seed board shall elect a secretary, who need not be a member of the board. The Maine Potato Board as established in Title 36, section 4603, upon recommendation of the seed board, may employ a managing director and other employees necessary to fulfill the responsibilities and implement all programs authorized under this chapter. The seed board shall keep a record of all of its proceedings. All expenses incurred by the seed board must be paid by the Maine Potato Board from the seed potato account.
[PL 2009, c. 379, §5 (AMD).]
2.  Program plan.
The seed board shall present to the Maine Potato Board established in Title 36, section 4603, at least annually, a program plan for the Maine Potato Board's consideration and specific action. The plan must include an assessment of the seed potato industry, a projection of demand for seed by variety in the various marketing areas, the impact of significant changes in seed potato acreage, the capital needs of the seed board's production facilities, considering current and future technology, proposals to improve the varieties and quality of Maine seed potatoes, recommendations to promote the sale of Maine seed and other such matters the seed board determines appropriate.
[PL 2009, c. 379, §5 (AMD).]
SECTION HISTORY
PL 1971, c. 594, §10 (AMD). PL 1983, c. 565, §7 (RPR). PL 1983, c. 812, §51 (AMD). PL 1985, c. 785, §B47 (AMD). PL 2009, c. 379, §5 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 1: NURSERY OWNERS AND DEALERS GENERALLY › 7 §2171. License required; fee; violations

§2171. License required; fee; violations
A person, firm or corporation may not engage in or continue in the business of selling or dealing in nursery stock, as defined in section 2211, without first obtaining a license to conduct such business in this State. The State Horticulturist shall prescribe the form of the license. Upon proper application, a license must be issued in the name of the nursery owner or dealer and that license may not be transferred. Each agent and each store acting under a general agent or store must have a license as provided in this section. A license may be issued for a one-year, 2-year or 3-year period and expires on December 31st of the year the period ends. Licenses for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year license is 2 times the annual fee. The fee for a 3-year license is 3 times the annual fee.   [PL 2001, c. 299, §2 (AMD).]
1.  Fees.
[PL 1999, c. 790, Pt. A, §4 (AMD); MRSA T. 7 §2171, sub-§1 (RP).]
1-A.  Fees established by rule.
The Commissioner of Agriculture, Conservation and Forestry shall adopt rules in accordance with Title 5, chapter 375 to establish fees for licenses issued under this section. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2013, c. 405, Pt. D, §4 (AMD).]
2.  Violations.
Any person, firm or corporation engaged in the business of selling nursery stock without a license commits a civil violation for which a forfeiture not to exceed $500 may be adjudged. Licenses may be revoked by the District Court, as provided in the Maine Administrative Procedure Act, for failure to comply with the requirements of chapter 405‑A.
[PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF); PL 1999, c. 790, Pt. A, §7 (AMD).]
SECTION HISTORY
PL 1999, c. 84, §3 (NEW). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 1999, c. 790, §§A4,5,7 (AMD). PL 1999, c. 790, §A6 (AFF). PL 2001, c. 299, §2 (AMD). PL 2013, c. 405, Pt. D, §4 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 2: TREE SPECIALISTS › Article 1: GENERAL PROVISIONS › 7 §2173. Definitions

§2173. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1999, c. 84, §3 (NEW).]
1.  Arborist.
"Arborist" means a person who, for compensation, takes down or fells, diagnoses or evaluates the condition of shade or ornamental trees; solicits, recommends or supervises the treatment of those trees; or in any manner or for any purpose treats or cares for those trees.
[RR 1999, c. 1, §5 (COR).]
2.  Ornamental trees.
"Ornamental trees" means trees of shade, beauty or landscape value, or those trees intended to become ornamental trees.
[PL 1999, c. 84, §3 (NEW).]
3.  Person.
"Person" means an individual, partnership or any group of persons, whether incorporated or not.
[PL 1999, c. 84, §3 (NEW).]
4.  Regular employer.
"Regular employer" means a person doing business in or operating a business in the State.
[PL 1999, c. 84, §3 (NEW).]
5.  Shade trees.
"Shade trees" means trees grown, established or used to screen persons or grounds, structures, walks, pools or other similar objects from wind, sunlight, observation or sound.
[PL 1999, c. 84, §3 (NEW).]
6.  Takes down or fells.
"Takes down or fells" means the cutting for removal of any part of a tree by topping or sections or felling the tree whole.
[PL 1999, c. 84, §3 (NEW).]
7.  Treats or cares for.
"Treats or cares for" means the pruning, trimming and shaping of trees when the care requires the person to leave the ground. "Treats or cares for" also includes installing lightning protections, cabling or bracing of trees.
[PL 1999, c. 84, §3 (NEW).]
SECTION HISTORY
RR 1999, c. 1, §5 (COR). PL 1999, c. 84, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 2: TREE SPECIALISTS › Article 1: GENERAL PROVISIONS › 7 §2174. Exemptions

§2174. Exemptions
This subchapter does not apply to:   [PL 1999, c. 84, §3 (NEW).]
1.  Certain property.
Any person with reference to trees on that person's own premises or on the property of that person's regular employer;
[PL 1999, c. 84, §3 (NEW).]
2.  Personnel.
Any individual performing labor or services in connection with trees on a site where a licensed arborist is present;
[PL 1999, c. 84, §3 (NEW).]
3.  Certain employees.
State, county, municipal, quasi-municipal or public utility employees while engaged in their regular line of duty or those individuals contracted during emergencies that result in public hardships;
[PL 1999, c. 84, §3 (NEW).]
4.  Scientific specialists.
Scientific specialists such as plant pathologists, entomologists, botanists, foresters, horticulturists and others who are not arborists but who by academic training are professionally qualified to perform certain services performed by licensed arborists. Services performed by those specialists for a fee are limited to consultation, advisory or expert diagnostic services. Those specialists are prohibited from performing all other activities of practicing arborists without examination; or
[PL 1999, c. 84, §3 (NEW).]
5.  Others.
Highway contractors, subcontractors and their employees who remove trees during the performance of contracts for the construction or maintenance of highways and general contractors who remove interfering shade or ornamental trees or interfering parts of shade or ornamental trees in the conduct of their regular business.
[PL 1999, c. 84, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 84, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 2: TREE SPECIALISTS › Article 1: GENERAL PROVISIONS › 7 §2175. Penalties; injunction

§2175. Penalties; injunction
1.  Penalties.
A person who violates this subchapter commits a civil violation for which a forfeiture of up to $500 a day for each day the violation continues may be adjudged. All penalties collected must be deposited in a nonlapsing account in the department and must be used for the expenses of administering this chapter.
[PL 2001, c. 299, §3 (AMD).]
2.  Injunction.
The State may bring an action in District Court or Superior Court to enjoin any person from violating this chapter, regardless of whether other proceedings have been or may be instituted.
[PL 2001, c. 299, §4 (AMD).]
SECTION HISTORY
PL 1999, c. 84, §3 (NEW). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2001, c. 299, §§3,4 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 2: TREE SPECIALISTS › Article 1: GENERAL PROVISIONS › 7 §2176. Powers

§2176. Powers
The department has the following duties and powers, in addition to those otherwise set forth in this chapter.   [PL 1999, c. 84, §3 (NEW).]
1.  Licenses; enforcement.
The department shall evaluate the qualifications and supervise the examination of applicants for licensure under this chapter and shall investigate or cause to be investigated all complaints made to it and all cases of noncompliance with this chapter.
[PL 1999, c. 84, §3 (NEW).]
2.  Rules.
The department may, in accordance with procedures established by Title 5, chapter 375, subchapter II, adopt such rules as may be reasonably necessary for the proper performance of its duties and the administration of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A.
[PL 1999, c. 84, §3 (NEW).]
3.  Hearings.
Hearings may be conducted by the department to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license or as otherwise considered necessary to fulfill its responsibilities under this chapter.
The department may not refuse to renew a license for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The department shall hold an adjudicatory hearing at the written request of any person who is denied a license for any reason other than failure to pay a required fee, if the request for hearing is received by the department within 30 days of the person's receipt of written notice of the denial, the reasons for the denial and the person's right to request a hearing. Hearings must be conducted in conformity with Title 5, chapter 375, subchapter IV, to the extent applicable. The department may subpoena witnesses, records and documents in any hearing it conducts.
[PL 1999, c. 84, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 84, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 2: TREE SPECIALISTS › Article 1: GENERAL PROVISIONS › 7 §2177. Lists of arborists

§2177. Lists of arborists
The department shall compile and maintain a complete and up-to-date list of all licenses issued under this chapter. This list must be made available to any person upon request and payment of a fee established by rule by the department. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter II‑A.   [PL 1999, c. 84, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 84, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 2: TREE SPECIALISTS › Article 2: LICENSES › 7 §2179. License required

§2179. License required
A person may not advertise, consult, solicit, contract or in any way engage for compensation in the business of an arborist, or make representation as being able to do so, without being licensed as an arborist.   [PL 2001, c. 299, §5 (AMD).]
SECTION HISTORY
PL 1999, c. 84, §3 (NEW). PL 2001, c. 299, §5 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 2: TREE SPECIALISTS › Article 2: LICENSES › 7 §2180. Exemptions to licensing requirements for tree removal in municipalities having populations under 2,500 persons (REPEALED)

§2180. Exemptions to licensing requirements for tree removal in municipalities having populations under 2,500 persons
(REPEALED)
SECTION HISTORY
PL 1999, c. 84, §3 (NEW). PL 2001, c. 299, §6 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 2: TREE SPECIALISTS › Article 2: LICENSES › 7 §2181. Qualifications; types of licenses

§2181. Qualifications; types of licenses
A license may not be issued under this subchapter, except to an individual who is 18 years of age or older, who is specifically qualified as defined in this subchapter, who passes an examination and who gives proof of financial responsibility in amounts to be determined under rules of the department.   [PL 2003, c. 343, §1 (AMD).]
A regular or restricted license may be issued under this chapter. A regular license allows a licensed individual to engage in all operations in which an arborist is normally involved. A restricted license allows a licensed individual to perform operations only in those areas stated on the license issued. The department may restrict a licensed individual to those operations for which that individual is judged qualified by the department.   [PL 1999, c. 84, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 84, §3 (NEW). PL 2003, c. 343, §1 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 2: TREE SPECIALISTS › Article 2: LICENSES › 7 §2182. Applications

§2182. Applications
Applications for examination must be in writing on forms prescribed by the department and must be accompanied by the prescribed fee. The application form may require whatever information the department finds necessary to judge qualifications of an applicant.   [PL 1999, c. 84, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 84, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 2: TREE SPECIALISTS › Article 2: LICENSES › 7 §2183. Nonresidents

§2183. Nonresidents
Each nonresident applicant for an original license or a renewal license shall file an irrevocable consent that actions against the applicant may be filed in any appropriate court of any county or district of this State where some part of the transaction occurred out of which the alleged cause of action arose, and that process in any action may be served on the applicant by leaving 2 copies of the process with the department. The consent must stipulate and agree that the service of process must be taken and held to be valid and binding for all purposes. The department shall send a copy of the process to the applicant by registered mail at the address shown in its records.   [PL 1999, c. 84, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 84, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 2: TREE SPECIALISTS › Article 2: LICENSES › 7 §2184. Examinations

§2184. Examinations
Each license applicant shall take an examination prepared by the department.   [PL 1999, c. 84, §3 (NEW).]
Examinations must be given at least once a year at times and places as the department determines. The grading and passing of applicants are the exclusive responsibilities of the department.   [PL 1999, c. 84, §3 (NEW).]
Applicants failing the first examination may apply and take the next or a subsequently scheduled examination upon payment of the required fee.   [PL 1999, c. 84, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 84, §3 (NEW). PL 2001, c. 299, §7 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 2: TREE SPECIALISTS › Article 2: LICENSES › 7 §2185. Forms

§2185. Forms
Each license issued consists of 2 parts: a certificate that must be displayed at each place of business of the arborist and a license card that must be carried by the arborist when occupied in a business capacity.   [PL 1999, c. 84, §3 (NEW).]
When the arborist conducts business at more than one address, additional certificates must be issued. The department may not issue more than one license card to an individual qualified to receive a license, except as provided in section 2187.   [PL 1999, c. 84, §3 (NEW).]
A license holder shall display the holder's license to and upon the request, at any time, of any client, other licensed arborist, law enforcement officer or employee of the department.   [PL 1999, c. 84, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 84, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 2: TREE SPECIALISTS › Article 2: LICENSES › 7 §2186. Term

§2186. Term
A license expires on December 31st or at another time designated by the commissioner and becomes invalid on that date unless renewed.   [PL 1999, c. 84, §3 (NEW).]
A license may be renewed up to 90 days after the date of expiration upon payment of a late fee of $10 in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the license renewal date is subject to all requirements governing new applicants under this chapter, except that the department may in its discretion, giving due consideration to the protection of the public, waive examination if the renewal application is made within 2 years from the date of the expiration.   [PL 1999, c. 84, §3 (NEW).]
Any arborist whose license expires while the arborist is in federal service on active duty with the Armed Forces of the United States or the National Guard, is called into service or training or is in training or education under the supervision of the Armed Forces of the United States preliminary to induction into the military service may have the license renewed without paying any intervening renewal license fees within one year after termination of that service, training or education other than by dishonorable discharge if the arborist furnishes the department with an affidavit to the effect that the arborist has been so engaged and that the service, training or education has been so terminated.   [PL 1999, c. 84, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 84, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 2: TREE SPECIALISTS › Article 2: LICENSES › 7 §2187. Renewals

§2187. Renewals
The department shall notify every person licensed under this subchapter of the date of expiration of that person's certificate and the fee required for its annual renewal. The notice must be mailed to the person's last known address at least 30 days in advance of the expiration of the license. An application for a license renewal must contain whatever information is necessary for the department to determine whether the applicant may continue to hold a license and must be accompanied by the required fee, which is returnable if the applicant is denied a renewal license. A licensed arborist must file an application and fee of $5 for replacement of a lost license.   [PL 1999, c. 84, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 84, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 2: TREE SPECIALISTS › Article 2: LICENSES › 7 §2188. Fees

§2188. Fees
An application fee and an examination fee may be established by the department in amounts that are reasonable and necessary for their respective purposes. After an applicant is notified of the applicant's eligibility for a license following examination, the applicant shall submit the annual license fee before a license is issued.   [PL 1999, c. 84, §3 (NEW).]
The fee for an original or renewal annual license may not exceed $75.   [PL 1999, c. 84, §3 (NEW).]
All money, including application fees, examination fees and license fees received pursuant to this section, must be paid to the Treasurer of State and credited to a separate, nonlapsing account in the department. Money received pursuant to this section must be used for the expenses of administering this chapter.   [PL 1999, c. 84, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 84, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 2: TREE SPECIALISTS › Article 2: LICENSES › 7 §2189. Reciprocity

§2189. Reciprocity
If a nonresident applicant for a license holds a valid arborist license from another state or province, examination of the applicant may be waived by the department if the other state or province in which the applicant holds the license has qualification and examination requirements equivalent to those of this subchapter. If the requirements of the other state or province do not meet the standards set forth in this subchapter, the department may decide in which respects they are lacking and what requirements the applicant must meet for waiver of examination.   [PL 1999, c. 84, §3 (NEW).]
If a nonresident applicant for a license holds a valid certificate issued by the International Society of Arboriculture, or successor organization, examination of the applicant may also be waived by the department, providing the testing process of the International Society of Arboriculture or a successor organization does not drop below the standards set forth in this subchapter.   [PL 2003, c. 343, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 84, §3 (NEW). PL 2003, c. 343, §2 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 2: TREE SPECIALISTS › Article 2: LICENSES › 7 §2190. Denial of license; suspension or revocation

§2190. Denial of license; suspension or revocation
The department may suspend or revoke a license pursuant to Title 5, section 10004. In addition, the department may refuse to issue or renew or the District Court may suspend, revoke or refuse to renew a license on any of the following grounds:   [PL 1999, c. 84, §3 (NEW); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
1.  Misstatement.
Deliberate misstatement in the application for original license or in the application for any renewal license under this subchapter;
[PL 1999, c. 84, §3 (NEW).]
2.  Violation.
Violating any provision of this chapter or any rule of the department;
[PL 1999, c. 84, §3 (NEW).]
3.  Aiding or abetting.
Willfully aiding or abetting another in the violation of this subchapter or of any rule issued pursuant to this subchapter;
[PL 1999, c. 84, §3 (NEW).]
4.  Unauthorized use of license.
Allowing one's license under this subchapter to be used by an unlicensed person;
[PL 1999, c. 84, §3 (NEW).]
5.  Misrepresentation.
Making substantial misrepresentation or false promises of a character likely to influence, persuade or induce in connection with the business of an arborist;
[PL 1999, c. 84, §3 (NEW).]
6.  False advertising.
Pursuing a continued course of misrepresentation or of making false promises through advertising, sales representatives, agents or otherwise in connection with the business of an arborist;
[PL 2003, c. 343, §3 (AMD).]
7.  Qualifications.
Failure to possess the necessary qualifications or to meet the requirements of this subchapter for the issuance or holding of a license; or
[PL 2003, c. 343, §3 (AMD).]
8.  Continued course of unprofessional conduct.
Pursuing a continued course of conduct that violates the standards of practice for the profession as established by rule and that is demonstrated by repeated verified complaints against a licensed arborist.
[PL 2003, c. 343, §4 (NEW).]
SECTION HISTORY
PL 1999, c. 84, §3 (NEW). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2003, c. 343, §§3,4 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 404: ARBORIST LICENSING › Subchapter 2: TREE SPECIALISTS › Article 2: LICENSES › 7 §2191. Advisory council established

§2191. Advisory council established
The Maine Arborist Advisory Council, as established in Title 5, section 12004-I, subsection 1-A and referred to in this section as the "council," advises the commissioner on the licensing and enforcement of arborists in the State.   [PL 2001, c. 299, §8 (NEW).]
1.  Membership; terms; meetings; removal.
The council consists of 7 members appointed by the commissioner. Of the 7 members, one must be a member representing the public and 6 must be arborists licensed by the State. Of the 6 arborists, one must be a licensed arborist employed by a municipality of the State; one must be an employee of an electrical transmission company; one must be a self-employed arborist; and one must serve on the governing council of a statewide professional organization for licensed arborists. All regions of the State must be represented on the council.
Members serve for a term of 3 years. At the end of a term an outgoing member serves until a successor has been appointed. A member may not serve more than 2 consecutive terms.
The council shall meet at least annually to conduct business and to elect officers. A quorum consists of at least 4 members. The affirmative vote of a majority of the members present is necessary to decide any business brought before the council.
A member may be removed by the commissioner for:
A. Failure to attend council meetings;   [PL 2001, c. 299, §8 (NEW).]
B. Failure to maintain a valid arborist license, if required to do so;   [PL 2001, c. 299, §8 (NEW).]
C. Moving out of the State; or   [PL 2001, c. 299, §8 (NEW).]
D. Cause, as determined by the commissioner.   [PL 2001, c. 299, §8 (NEW).]
Members may not be compensated except for expenses incurred in attending meetings. A commercial arborist who is a present or former member of the council may not use membership on the council in the advertising of the arborist's business.
[PL 2001, c. 299, §8 (NEW).]
2.  Duties of council.
The council shall:
A. Consult with the department on matters in which the members have individual or collective expertise;   [PL 2001, c. 299, §8 (NEW).]
B. Assist the department in developing and updating arborist exams;   [PL 2001, c. 299, §8 (NEW).]
C. Recommend to the department amendments to arborist licensing laws and rules to ensure they properly regulate the activities of licensed arborists in the State; and   [PL 2001, c. 299, §8 (NEW).]
D. Assist the department with investigating complaints of unprofessional conduct and recommend a course of action to resolve such complaints.   [PL 2001, c. 299, §8 (NEW).]
[PL 2001, c. 299, §8 (NEW).]
SECTION HISTORY
PL 2001, c. 299, §8 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 405: TREES AND SHRUBS (REPEALED) › 7 §2201. Horticulturist; definitions (REPEALED)

§2201. Horticulturist; definitions
(REPEALED)
SECTION HISTORY
PL 1971, c. 594, §11 (AMD). PL 1973, c. 655, §§1,2 (AMD). PL 1991, c. 785, §2 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 405: TREES AND SHRUBS (REPEALED) › 7 §2202. Inspection of nurseries (REPEALED)

§2202. Inspection of nurseries
(REPEALED)
SECTION HISTORY
PL 1991, c. 785, §2 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 405: TREES AND SHRUBS (REPEALED) › 7 §2203. Inspection of orchards, fields and gardens (REPEALED)

§2203. Inspection of orchards, fields and gardens
(REPEALED)
SECTION HISTORY
PL 1977, c. 694, §133 (AMD). PL 1977, c. 696, §91 (AMD). PL 1991, c. 785, §2 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 405: TREES AND SHRUBS (REPEALED) › 7 §2204. Shipments into State to be certified; disposal of infested stock (REPEALED)

§2204. Shipments into State to be certified; disposal of infested stock
(REPEALED)
SECTION HISTORY
PL 1975, c. 156 (AMD). PL 1977, c. 694, §134 (AMD). PL 1991, c. 785, §2 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 405: TREES AND SHRUBS (REPEALED) › 7 §2205. Transportation of uninspected stock forbidden (REPEALED)

§2205. Transportation of uninspected stock forbidden
(REPEALED)
SECTION HISTORY
PL 1977, c. 696, §92 (AMD). PL 1991, c. 785, §2 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 405: TREES AND SHRUBS (REPEALED) › 7 §2206. Jurisdiction (REPEALED)

§2206. Jurisdiction
(REPEALED)
SECTION HISTORY
PL 1973, c. 788, §30 (AMD). PL 1977, c. 696, §93 (RPR). PL 1991, c. 785, §2 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 405-A: HORTICULTURE › 7 §2211. Definitions

§2211. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1991, c. 785, §3 (NEW).]
1.  Commissioner.
"Commissioner" includes a designee of the Commissioner of Agriculture, Conservation and Forestry.
[PL 1991, c. 785, §3 (NEW); PL 2011, c. 657, Pt. W, §6 (REV).]
2.  Greenhouse.
"Greenhouse" means a structure covered with glass, plastic, fiberglass or other transparent material in which plants are cultivated in a controlled environment.
[PL 1991, c. 785, §3 (NEW).]
3.  Nursery.
"Nursery" means a place where nursery stock is produced, stored or offered for sale.
[PL 1991, c. 785, §3 (NEW).]
4.  Nursery stock.
"Nursery stock" means:
A. Woody plants, including ornamental and fruiting trees, shrubs, vines and all viable parts of these plants;   [PL 1991, c. 785, §3 (NEW).]
B. Herbaceous plants, including florist stock plants, annuals, perennials, vegetable seedlings, herbs, potted plants and all viable parts of these plants; and   [PL 1991, c. 785, §3 (NEW).]
C. Any other plant or plant part designated by the commissioner.   [PL 1991, c. 785, §3 (NEW).]
"Nursery stock" does not include cut Christmas trees, wreaths, field crops, seeds, dried herbs and flowers and cut flowers.
[PL 1991, c. 785, §3 (NEW).]
5.  Other materials.
"Other materials" means material not included in the definition of "nursery stock," such as containers, seeds and cut Christmas trees.
[PL 1991, c. 785, §3 (NEW).]
6.  Plant pest.
"Plant pest" means any insect, mite, nematode, fungus, virus, bacteria, slug, snail or other form of aquatic or terrestrial plant or organism that may cause injury to a plant or that the commissioner declares to be a plant pest.
[PL 1991, c. 785, §3 (NEW).]
SECTION HISTORY
PL 1991, c. 785, §3 (NEW). PL 2011, c. 657, Pt. W, §6 (REV).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 405-A: HORTICULTURE › 7 §2212. Appointment of State Horticulturist

§2212. Appointment of State Horticulturist
The commissioner shall appoint the State Horticulturist within the Department of Agriculture, Conservation and Forestry to carry out the provisions of this chapter.   [PL 1991, c. 785, §3 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]
SECTION HISTORY
PL 1991, c. 785, §3 (NEW). PL 2011, c. 657, Pt. W, §5 (REV).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 405-A: HORTICULTURE › 7 §2213. Inspections

§2213. Inspections
1.  Inspections of nurseries; sales prohibitions.
Inspections of nurseries and sales prohibitions are as follows.
A. The State Horticulturist or an assistant shall inspect nurseries as determined necessary by the State Horticulturist. Nurseries must be accessible at reasonable times for inspection. If plant pests are found at sufficient levels to pose a threat to other horticultural establishments or the general public, the State Horticulturist may issue an order to embargo or detain the nursery stock. Upon issuing an order of embargo or detention, the State Horticulturist shall notify the owner of the nursery stock of that order. Within 10 days of receipt of notification, the owner may request a hearing to be held in accordance with the Maine Administrative Procedure Act.
The State Horticulturist may prescribe measures designed to control the plant pests. The State Horticulturist shall remove the order of embargo or detention if satisfied that the plant pests have been controlled.   [PL 1991, c. 785, §3 (NEW).]
B. A person may not offer for sale dead nursery stock or stock stressed by drying, excessive heat, excessive cold or any other condition that prevents the normal growth of the stock. A person may not offer for sale nursery stock that is subject to an order of embargo or detention.   [PL 1991, c. 785, §3 (NEW).]
[PL 1991, c. 785, §3 (NEW).]
2.  Inspection of orchards, fields and gardens.
The State Horticulturist or an assistant may inspect any orchard, field, garden or roadside in public or private grounds if there is reasonable cause to believe the area is infested with a plant pest that may be a threat to plants belonging to other property owners or to the health or safety of the general public. The State Horticulturist, after notice and opportunity for a hearing as provided in the Maine Administrative Procedure Act, may order the owner, occupant or person in charge to take any necessary action including the proper treatment or destruction of infested or diseased plants. If the owner of the property or a person having lawful custody of the plants does not comply with the written order, the commissioner may refer the matter to the Attorney General.
[PL 1991, c. 785, §3 (NEW).]
3.  Inspection of other material.
A person may request inspection of other material by the State Horticulturist prior to the movement or sale of that material. The commissioner may assess fees to cover the costs associated with those inspections. Funds generated from the fees must be deposited in a nonlapsing account and used to conduct the inspections.
[PL 1991, c. 785, §3 (NEW).]
SECTION HISTORY
PL 1991, c. 785, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 405-A: HORTICULTURE › 7 §2214. Shipments certified

§2214. Shipments certified
Nursery stock shipped into this State from any other state, province or country must bear a certificate on each package stating that the contents were inspected by an authorized inspecting officer and that the contents appear to be free from plant pests. The State Horticulturist or an assistant may inspect, at the point of destination, all nursery stock coming into the State. If that nursery stock is infested with any plant pests, the State Horticulturist, after notice and opportunity for a hearing as provided in the Maine Administrative Procedure Act, may order the stock destroyed or returned to the consignor at the consignor's expense.   [PL 1991, c. 785, §3 (NEW).]
SECTION HISTORY
PL 1991, c. 785, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 405-A: HORTICULTURE › 7 §2215. Transportation of uninspected stock

§2215. Transportation of uninspected stock
A person, firm or corporation who owns, sells or transports nursery stock may not bring nursery stock into this State unless each package bears an unexpired official certificate of inspection that meets the requirements of section 2214.   [PL 1991, c. 785, §3 (NEW).]
SECTION HISTORY
PL 1991, c. 785, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 405-A: HORTICULTURE › 7 §2216. Violations

§2216. Violations
Any violation of this chapter or rules adopted pursuant to section 2217 is a civil violation for which a forfeiture of not more than $500 may be adjudged.   [PL 1991, c. 785, §3 (NEW).]
SECTION HISTORY
PL 1991, c. 785, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 405-A: HORTICULTURE › 7 §2217. Powers and rules

§2217. Powers and rules
The commissioner may adopt rules to implement this chapter.   [PL 1991, c. 785, §3 (NEW).]
SECTION HISTORY
PL 1991, c. 785, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 406: GINSENG › 7 §2221. Definitions

§2221. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1993, c. 548, §1 (NEW).]
1.  Ginseng.
"Ginseng" means any part of the plant known as Wild American Ginseng (Panax quinquefolius 1).
[PL 1993, c. 548, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 548, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 406: GINSENG › 7 §2222. Permit and registration

§2222. Permit and registration
A person who cultivates ginseng for sale must be licensed by the department and shall pay an annual fee of $10. A person who buys ginseng for resale shall register annually with the department as a ginseng dealer and pay an annual fee of $25. The commissioner may issue a license for a one-year, 2-year or 3-year period. Licenses for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year license is 2 times the annual fee. The fee for a 3-year license is 3 times the annual fee.   [PL 1997, c. 454, §4 (AMD).]
SECTION HISTORY
PL 1993, c. 548, §1 (NEW). PL 1997, c. 454, §4 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 406: GINSENG › 7 §2223. Harvesting and certification

§2223. Harvesting and certification
The department shall establish a procedure for certifying cultivated ginseng for export to other states or countries. The department shall also require that records be maintained by anyone who harvests ginseng for sale or buys ginseng for resale. The department may charge fees to recover costs involved in certifying ginseng for export.   [PL 1993, c. 548, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 548, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 406: GINSENG › 7 §2224. Fund

§2224. Fund
All fees collected under this chapter must be deposited in a nonlapsing dedicated fund to be used by the department to implement this chapter.   [PL 1993, c. 548, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 548, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 406: GINSENG › 7 §2225. Rules

§2225. Rules
The department may adopt rules necessary to implement this chapter.   [PL 1993, c. 548, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 548, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 406: GINSENG › 7 §2226. Records not public

§2226. Records not public
1.  Records.
Notwithstanding Title 1, chapter 13, ginseng license applications, the names and addresses of licensees and records required of licensees by the department pertaining to the location of ginseng plantings are confidential and may not be made available for public inspection.
[PL 1995, c. 556, §1 (NEW).]
2.  Termination of confidentiality.
Notwithstanding subsection 1, the confidential status of records designated confidential under subsection 1 terminates when the records are used by the department as evidence for an enforcement action pursuant to this chapter or are subpoenaed in any proceeding to enforce a provision of this chapter, or are used in any prosecution for a criminal violation.
[PL 1995, c. 556, §1 (NEW).]
3.  Records disclosed by licensee.
Notwithstanding subsection 1, a licensee may authorize in writing the disclosure of records designated confidential under subsection 1.
[PL 1995, c. 556, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 556, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 407: EUROPEAN CORN BORER (REPEALED) › 7 §2251. Public nuisance (REPEALED)

§2251. Public nuisance
(REPEALED)
SECTION HISTORY
PL 1965, c. 2, §1 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 407: EUROPEAN CORN BORER (REPEALED) › 7 §2252. Establishment of districts; quarantine (REPEALED)

§2252. Establishment of districts; quarantine
(REPEALED)
SECTION HISTORY
PL 1965, c. 2, §1 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 407: EUROPEAN CORN BORER (REPEALED) › 7 §2253. Disposal of stubble and fodder (REPEALED)

§2253. Disposal of stubble and fodder
(REPEALED)
SECTION HISTORY
PL 1965, c. 2, §1 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 407: EUROPEAN CORN BORER (REPEALED) › 7 §2254. Penalties and jurisdiction (REPEALED)

§2254. Penalties and jurisdiction
(REPEALED)
SECTION HISTORY
PL 1965, c. 2, §1 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 409: QUARANTINES › 7 §2301. Authority

§2301. Authority
The commissioner, when the commissioner finds that there exists within the State, or in any other state, territory, district or part thereof any dangerous plant disease or insect infestation with reference to which the Secretary of Agriculture of the United States has not determined that a quarantine is necessary and has not established such quarantine, is authorized to promulgate and to enforce by appropriate rules and regulations, adopted in a manner consistent with the Maine Administrative Procedure Act, a quarantine prohibiting or restricting the transportation within, into or through the State, or any portion thereof, of any class of nursery stock, plant, fruit, seed or other article of any character whatsoever, capable of carrying such plant disease or insect infestation. The commissioner is authorized to make, in a manner consistent with the Maine Administrative Procedure Act, rules and regulations for the seizure, inspection, disinfection, destruction, or other disposition of any nursery stock, plant, fruit, seed or other article of any character whatsoever, capable of carrying any plant disease or insect infestation, a quarantine with respect to which has been established by the Secretary of Agriculture of the United States or the commissioner, and that exists within, or has been transported to, into or, through this State in violation of such quarantine.   [RR 2021, c. 1, Pt. B, §133 (COR).]
SECTION HISTORY
PL 1977, c. 694, §135 (AMD). PL 1979, c. 731, §13 (AMD). RR 2021, c. 1, Pt. B, §133 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 409: QUARANTINES › 7 §2303. Penalties

§2303. Penalties
1.  Civil violation.
A person who violates a rule adopted pursuant to section 2301 commits a civil violation.
[PL 2019, c. 595, §1 (NEW).]
2.  Penalty.
Except as provided in subsection 3, the following penalties apply to violations of this section.
A. A person who violates this section commits a civil violation for which a fine of not less than $100 and not more than $1,000 may be adjudged for each day of that violation.   [PL 2019, c. 595, §1 (NEW).]
B. A person who violates this section after having been adjudicated of a violation of this section within the previous 5-year period commits a civil violation for which a fine of not less than $1,000 and not more than $2,000 may be adjudged for each day of that violation.   [PL 2019, c. 595, §1 (NEW).]
[PL 2019, c. 595, §1 (NEW).]
3.  Economic benefit.
If the economic benefit resulting from a violation under subsection 1 exceeds the applicable penalties under subsection 2, the maximum fines may be increased. The maximum fine may not exceed an amount equal to twice the economic benefit resulting from the violation. The court shall consider as economic benefit, without limitation, the costs avoided or the enhanced value accrued at the time of the violation by the violator as a result of not complying with the applicable legal requirements.
[PL 2019, c. 595, §1 (NEW).]
4.  Costs permitted.
In any action or proceeding brought by the Attorney General under this section, the court may award litigation costs, including court costs, reasonable attorney's fees and reasonable expert witness fees, to be deposited in the General Fund if the State or any of its officers or agencies is a prevailing party in the action or proceeding and the defendant's defense was not substantially justified. For the purposes of this subsection, a defense is substantially justified if the defense had a reasonable basis in law or fact at the time it was raised.
[PL 2019, c. 595, §1 (NEW).]
SECTION HISTORY
PL 1977, c. 696, §94 (RPR). PL 2019, c. 595, §1 (RPR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 410: PEST CONTROL COMPACT › 7 §2311. Pest Control Compact

§2311. Pest Control Compact
The Pest Control Compact is enacted into law and entered into with all other jurisdictions legally joining the compact in the form substantially as provided in this chapter.   [PL 2005, c. 147, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 147, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 410: PEST CONTROL COMPACT › 7 §2312. Findings -- Article I

§2312. Findings -- Article I
The party states find that in the absence of the higher degree of cooperation among them possible under this compact, the annual loss of approximately $137,000,000,000 from the depredations of pests is virtually certain to continue, if not to increase.   [PL 2005, c. 147, §1 (NEW).]
Because of varying climatic, geographic and economic factors, each state may be affected differently by particular species of pests, but all states share the inability to protect themselves fully against those pests that present serious dangers to them.   [PL 2005, c. 147, §1 (NEW).]
The migratory character of pest infestations makes it necessary for states, both adjacent to and distant from one another, to complement each other's activities when faced with conditions of infestation and reinfestation.   [PL 2005, c. 147, §1 (NEW).]
While every state is seriously affected by a substantial number of pests and every state is susceptible to infestation by many species of pests not now causing damage to its crop and plant life and products, the fact that relatively few species of pests present equal danger to or are of interest to all states makes the establishment and operation of an insurance fund from which individual states may obtain financial support for pest control programs of benefit to them in other states and to which they may contribute in accordance with their relative interests the most equitable means of financing cooperative pest eradication and control programs.   [PL 2005, c. 147, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 147, §1 (NEW).