reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 1-A: CENTRAL STORAGE, PACKING AND MARKETING › 7 §974. State loans (REPEALED)

§974. State loans
(REPEALED)
SECTION HISTORY
PL 1981, c. 513, §7 (NEW). PL 1987, c. 319, §3 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 1-A: CENTRAL STORAGE, PACKING AND MARKETING › 7 §974-A. State loans

§974-A. State loans
1.  State loans.
State loans are subject to the following conditions.
A. No state loan for any project under this article, the total cost of which exceeds $150,000, may exceed 45% of the project cost and no state loan may be provided for such a project unless the applicant demonstrates a commitment of private funds of at least 10% of the total cost of the project, except that, in order to encourage the undertaking of cooperative projects by 2 or more farmers, no state loan for such a project may exceed 50% of the total cost of the project and no state loan may be provided unless the cooperating farmers as a group demonstrate a commitment of private funds of at least 5% of the total cost of the project.   [PL 2017, c. 6, §1 (AMD).]
B. No state loan for any project under this article, the total cost of which is $150,000 or less, may exceed 55% of the total cost of the project.   [PL 2017, c. 6, §1 (AMD).]
C. State loans must be at the interest rate established pursuant to subsection 2‑A.   [PL 2021, c. 31, §1 (AMD).]
D. Other terms and conditions prescribed by rule by the board.   [PL 2021, c. 560, §7 (AMD).]
[PL 2021, c. 560, §7 (AMD).]
2.  State loan interest rate.
[PL 2021, c. 31, §2 (RP).]
2-A.  State loan interest rate.
The interest rate for state loans is the federal prime rate on the date of loan commitment but may not be greater than 5%. Loans current on the effective date of this subsection may be refinanced at the borrower's request to an interest rate of the federal prime rate but not greater than 5%.
A fee for administrative costs, which must be at a rate set by rule by the board but may not exceed 1% of the loan, must be charged on a loan made for a project the total cost of which exceeds $50,000. This fee must be deposited in the fund.
[PL 2021, c. 31, §3 (NEW).]
3.  Approval of loans and grants.
The commissioner has authority to approve all loans and grants from the fund.
[PL 2013, c. 403, §8 (NEW).]
SECTION HISTORY
PL 1987, c. 319, §4 (NEW). PL 1987, c. 754, §2 (AMD). PL 1999, c. 127, §A14 (AMD). PL 2001, c. 125, §4 (AMD). PL 2005, c. 335, §4 (AMD). PL 2013, c. 403, §§6-8 (AMD). PL 2017, c. 6, §1 (AMD). PL 2021, c. 31, §§1-3 (AMD). PL 2021, c. 560, §7 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 1-A: CENTRAL STORAGE, PACKING AND MARKETING › 7 §975. Grants (REPEALED)

§975. Grants
(REPEALED)
SECTION HISTORY
PL 1987, c. 727, §2 (NEW). PL 1987, c. 727, §4 (RP). PL 1987, c. 754, §3 (NEW). PL 1989, c. 502, §§B4,B5 (RPR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 1-A: CENTRAL STORAGE, PACKING AND MARKETING › 7 §975-A. Interest on Potato Marketing Improvement Fund balance

§975-A. Interest on Potato Marketing Improvement Fund balance
All or any portion of the interest earned or accruing on the cash balance of the Potato Marketing Improvement Fund may be used for grants to partially or fully fund research projects to study and assess technical problems experienced with new and retrofitted storage facilities and to develop means of dealing with such problems, or to examine, monitor and develop new technologies for the production, storage and handling of potatoes or to fund programs and activities that improve the economic viability of the potato industry.   [PL 2005, c. 335, §5 (AMD).]
SECTION HISTORY
PL 1993, c. 410, §HHHH1 (NEW). PL 1997, c. 388, §3 (AMD). PL 2005, c. 335, §5 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 1-A: CENTRAL STORAGE, PACKING AND MARKETING › 7 §976. Aroostook County office

§976. Aroostook County office
The board shall maintain or arrange for the maintenance of an office in Aroostook County located in a town most convenient to the largest number of potential users of the fund. This office must be staffed by one or more business development specialists primarily responsible for work associated with the fund as well as other activities as defined by the board. The business development specialists must be available in the Aroostook County office on a regular basis.   [PL 2013, c. 403, §9 (AMD).]
Should the performance of the functions of the business development specialists be contracted for, this contract must be made by the board and must be awarded through competitive bidding.   [PL 2013, c. 403, §9 (AMD).]
SECTION HISTORY
PL 1989, c. 502, §B6 (NEW). PL 2005, c. 335, §6 (AMD). PL 2013, c. 403, §9 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 1-A: CENTRAL STORAGE, PACKING AND MARKETING › 7 §977. Potato Marketing Improvement Fund Operating Account

§977. Potato Marketing Improvement Fund Operating Account
There is established a Potato Marketing Improvement Fund Operating Account. This account draws funds from the fund on a periodic basis to be determined by the board to cover the costs of administering the fund and any grants made.   [PL 2013, c. 403, §10 (AMD).]
SECTION HISTORY
PL 2001, c. 125, §5 (NEW). PL 2013, c. 403, §10 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2: MARKETING › 7 §991. Title

§991. Title
Sections 991 to 994 may be known and cited as the "Maine Potato Marketing Act."   [RR 1999, c. 2, §7 (COR).]
SECTION HISTORY
PL 1981, c. 154, §§2,3 (RP). PL 1981, c. 513, §11 (AMD). RR 1999, c. 2, §7 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2: MARKETING › 7 §992. Purposes

§992. Purposes
The purposes of sections 991 to 994 are:   [RR 1999, c. 2, §8 (COR).]
1.  Correlate marketing.
To enable potato producers of this State, with the aid of the State, more effectively to correlate the marketing of their potatoes with market demands therefor;
2.  Uniform grading.
To provide for uniform grading and proper preparation of potatoes for market;
3.  Develop markets.
To provide methods and means for the development of new and larger markets for potatoes grown within this State;
4.  Orderly marketing.
To establish orderly marketing of potatoes grown within this State;
5.  Eliminate economic waste.
To eliminate or reduce economic waste in the marketing of potatoes.
SECTION HISTORY
PL 1981, c. 154, §§2,3 (RP). PL 1981, c. 513, §11 (AMD). RR 1999, c. 2, §8 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2: MARKETING › 7 §995. Potato Marketing Committee (REPEALED)

§995. Potato Marketing Committee
(REPEALED)
SECTION HISTORY
PL 1979, c. 541, §B7 (AMD). PL 1981, c. 154, §§2,3 (RP). PL 1981, c. 513, §11 (AMD). PL 1983, c. 812, §§46,47 (AMD). PL 1989, c. 503, §B43 (AMD). PL 1999, c. 668, §70 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2: MARKETING › 7 §996. Expenses and assessments (REPEALED)

§996. Expenses and assessments
(REPEALED)
SECTION HISTORY
PL 1981, c. 154, §§2,3 (RP). PL 1981, c. 513, §11 (AMD). PL 1999, c. 668, §71 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2: MARKETING › 7 §997. Regulation (REPEALED)

§997. Regulation
(REPEALED)
SECTION HISTORY
PL 1977, c. 694, §§92-96 (AMD). PL 1999, c. 668, §72 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2: MARKETING › 7 §998. Control of surplus (REPEALED)

§998. Control of surplus
(REPEALED)
SECTION HISTORY
PL 1977, c. 694, §97 (AMD). PL 1981, c. 154, §§2,3 (RP). PL 1981, c. 513, §11 (AMD). PL 1999, c. 668, §73 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2: MARKETING › 7 §999. Change of regulations (REPEALED)

§999. Change of regulations
(REPEALED)
SECTION HISTORY
PL 1977, c. 694, §98 (AMD). PL 1981, c. 154, §§2,3 (RP). PL 1981, c. 513, §11 (AMD). PL 1999, c. 668, §73 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2: MARKETING › 7 §1000. Reports (REPEALED)

§1000. Reports
(REPEALED)
SECTION HISTORY
PL 1981, c. 154, §§2,3 (RP). PL 1981, c. 513, §11 (AMD). PL 1999, c. 668, §73 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2: MARKETING › 7 §1001. Compliance (REPEALED)

§1001. Compliance
(REPEALED)
SECTION HISTORY
PL 1981, c. 154, §§2,3 (RP). PL 1981, c. 513, §11 (AMD). PL 1999, c. 668, §73 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2: MARKETING › 7 §1002. Termination or change of marketing orders (REPEALED)

§1002. Termination or change of marketing orders
(REPEALED)
SECTION HISTORY
PL 1977, c. 694, §99 (AMD). PL 1981, c. 154, §§2,3 (RP). PL 1981, c. 513, §11 (AMD). PL 1999, c. 668, §73 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2: MARKETING › 7 §1003. Effect of termination or amendment (REPEALED)

§1003. Effect of termination or amendment
(REPEALED)
SECTION HISTORY
PL 1981, c. 154, §§2,3 (RP). PL 1981, c. 513, §11 (AMD). PL 1999, c. 668, §73 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2: MARKETING › 7 §1004. Duration of immunities (REPEALED)

§1004. Duration of immunities
(REPEALED)
SECTION HISTORY
PL 1981, c. 154, §§2,3 (RP). PL 1981, c. 513, §11 (AMD). PL 1999, c. 668, §73 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2: MARKETING › 7 §1005. Personal liability of committee member (REPEALED)

§1005. Personal liability of committee member
(REPEALED)
SECTION HISTORY
PL 1981, c. 154, §§2,3 (RP). PL 1981, c. 513, §11 (AMD). PL 1999, c. 668, §73 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2: MARKETING › 7 §1006. Penalties (REPEALED)

§1006. Penalties
(REPEALED)
SECTION HISTORY
PL 1977, c. 696, §83 (AMD). PL 1981, c. 154, §§2,3 (RP). PL 1981, c. 513, §11 (AMD). PL 1999, c. 668, §73 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2: MARKETING › 7 §1006-A. Penalties

§1006-A. Penalties
A person who violates a provision of sections 991 to 994 or a provision of a marketing order duly issued by the commissioner commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged. Each day during which a violation continues constitutes a separate offense.   [PL 2001, c. 421, Pt. B, §8 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
SECTION HISTORY
PL 2001, c. 421, §B8 (NEW). PL 2001, c. 421, §C1 (AFF).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2: MARKETING › 7 §1007. Dumping of waste potatoes (REPEALED)

§1007. Dumping of waste potatoes
(REPEALED)
SECTION HISTORY
PL 1995, c. 261, §1 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2-A: MAINE POTATO PRICES › 7 §1008. Purpose (REPEALED)

§1008. Purpose
(REPEALED)
SECTION HISTORY
PL 1983, c. 582, §1 (NEW). PL 1983, c. 582, §4 (RP). PL 1983, c. 829, §2 (AMD). PL 1985, c. 450 (AMD). PL 1999, c. 668, §74 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2-A: MAINE POTATO PRICES › 7 §1008-A. Definitions (REPEALED)

§1008-A. Definitions
(REPEALED)
SECTION HISTORY
PL 1983, c. 582, §1 (NEW). PL 1983, c. 582, §4 (RP). PL 1983, c. 829, §§3,4 (AMD). PL 1985, c. 450 (AMD). PL 1987, c. 434, §1 (AMD). PL 1999, c. 668, §75 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2-A: MAINE POTATO PRICES › 7 §1008-B. Maine Marketing Advisory Board (REPEALED)

§1008-B. Maine Marketing Advisory Board
(REPEALED)
SECTION HISTORY
PL 1983, c. 582, §1 (NEW). PL 1983, c. 582, §4 (RP). PL 1983, c. 829, §§5-7 (AMD). PL 1985, c. 295, §§24,25 (AMD). PL 1985, c. 450 (AMD). PL 1987, c. 434, §§2,3 (AMD). RR 1997, c. 2, §27 (COR). PL 1999, c. 668, §76 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2-A: MAINE POTATO PRICES › 7 §1008-C. Duties of the commissioner (REPEALED)

§1008-C. Duties of the commissioner
(REPEALED)
SECTION HISTORY
PL 1983, c. 582, §1 (NEW). PL 1983, c. 582, §4 (RP). PL 1983, c. 829, §§8-11 (AMD). PL 1983, c. 862, §§27,28 (AMD). PL 1985, c. 450 (AMD). PL 1999, c. 668, §77 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2-A: MAINE POTATO PRICES › 7 §1008-D. Enforcement of mandatory minimum price (REPEALED)

§1008-D. Enforcement of mandatory minimum price
(REPEALED)
SECTION HISTORY
PL 1983, c. 582, §1 (NEW). PL 1983, c. 582, §4 (RP). PL 1983, c. 829, §12 (RP). PL 1985, c. 450 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2-A: MAINE POTATO PRICES › 7 §1008-E. Contracts exempted (REPEALED)

§1008-E. Contracts exempted
(REPEALED)
SECTION HISTORY
PL 1983, c. 582, §1 (NEW). PL 1983, c. 582, §4 (RP). PL 1983, c. 829, §12 (RP). PL 1985, c. 450 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2-A: MAINE POTATO PRICES › 7 §1008-F. Budget (REPEALED)

§1008-F. Budget
(REPEALED)
SECTION HISTORY
PL 1983, c. 582, §1 (NEW). PL 1983, c. 582, §4 (RP). PL 1983, c. 829, §13 (AMD). PL 1985, c. 450 (AMD). PL 1999, c. 668, §77 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2-A: MAINE POTATO PRICES › 7 §1008-G. Personal liability of board member (REPEALED)

§1008-G. Personal liability of board member
(REPEALED)
SECTION HISTORY
PL 1983, c. 582, §1 (NEW). PL 1983, c. 582, §4 (RP). PL 1985, c. 450 (AMD). PL 1987, c. 434, §4 (AMD). PL 1999, c. 668, §78 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2-A: MAINE POTATO PRICES › 7 §1008-H. Penalties (REPEALED)

§1008-H. Penalties
(REPEALED)
SECTION HISTORY
PL 1983, c. 582, §1 (NEW). PL 1983, c. 582, §4 (RP). PL 1983, c. 829, §14 (RP). PL 1985, c. 450 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 2-A: MAINE POTATO PRICES › 7 §1008-I. Barrel replaced by hundredweight as a measure (REPEALED)

§1008-I. Barrel replaced by hundredweight as a measure
(REPEALED)
SECTION HISTORY
PL 1989, c. 181 (NEW). PL 1999, c. 668, §79 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3: LICENSING › 7 §1011. Purpose

§1011. Purpose
The Legislature finds that the potato industry has a substantial and unique effect on the economy of the entire State and Aroostook County in particular. Large numbers of the people in the State are directly or indirectly dependent on the industry. Over the years the industry has experienced wide fluctuations in prices and quality of product. Such fluctuations have caused commensurate instability in the economy of a large portion of the State. To a great extent the well-being of the industry is dependent upon those persons engaged in the marketing of the potatoes and rotation crops grown by others and the manner in which their services are performed. The entire manner of marketing potatoes and rotation crops is unique and requires special consideration.   [PL 1997, c. 606, §1 (AMD).]
The Legislature intends through this legislation to exercise the police power of the State in order to protect and promote the general welfare of the potato industry and the people of the State and maintain and encourage fair and equitable practices in the handling, sale and storage of potatoes and rotation crops. Such stabilization of the potato industry will have the beneficial effect of improving the economy of the entire State.   [PL 1997, c. 606, §1 (AMD).]
SECTION HISTORY
PL 1971, c. 366 (NEW). PL 1997, c. 606, §1 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3: LICENSING › 7 §1013. Rules and regulations

§1013. Rules and regulations
The commissioner shall, in a manner consistent with the Maine Administrative Procedure Act, make uniform rules and regulations for carrying out this Article.   [PL 1977, c. 694, §100 (AMD).]
SECTION HISTORY
PL 1971, c. 366 (NEW). PL 1977, c. 694, §100 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3: LICENSING › 7 §1014. Licensing; agents

§1014. Licensing; agents
No person shall act as a dealer, processor, broker, agent or retailer unless duly licensed as provided in this Article. Every person, before acting as a dealer, processor, broker, agent or retailer, shall file an application with the commissioner for a license to transact the business of a dealer, processor, broker, agent or retailer and such application shall be accompanied by the license fee provided in this Article.   [PL 1975, c. 555, §2 (AMD).]
A person may not buy, solicit or negotiate the sale of any potatoes or rotation crops in this State as a representative of any dealer, processor, broker or retailer, unless such a representative has been so authorized by a duly licensed dealer, processor, broker or retailer in writing, and a copy of such authorization is filed with the commissioner, except where such representative conducts business in the office of the dealer, processor, broker or retailer. The commissioner must be notified in writing by the dealer, processor, broker or retailer immediately upon the termination of such authorization.   [PL 1997, c. 606, §8 (AMD).]
SECTION HISTORY
PL 1971, c. 366 (NEW). PL 1971, c. 600, §5 (AMD). PL 1975, c. 555, §2 (AMD). PL 1997, c. 606, §8 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3: LICENSING › 7 §1016. Verified complaints; investigation

§1016. Verified complaints; investigation
The commissioner or his duly authorized agent shall have full authority to investigate upon the verified complaint of any interested person, or on his own motion, the conduct and activities of any person applying for or holding a license as dealer, processor, broker, agent or retailer and for such purpose may examine the books and papers of any such person and may take testimony and affidavits thereon under oath. Any interested person who has filed a verified complaint may be a party of record to all proceedings had with regard thereto.   [PL 1975, c. 555, §3 (AMD).]
SECTION HISTORY
PL 1971, c. 366 (NEW). PL 1975, c. 555, §3 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3: LICENSING › 7 §1018. Hearings

§1018. Hearings
The commissioner shall conduct hearings pursuant to this Article in a manner consistent with the Maine Administrative Procedure Act and has full power to subpoena such witnesses and documents as the commissioner considers necessary. The Superior Court, on the petition of the commissioner, may issue summary process to enforce the lawful orders of the commissioner in these actions.   [RR 2021, c. 1, Pt. B, §117 (COR).]
SECTION HISTORY
PL 1971, c. 366 (NEW). PL 1977, c. 694, §109 (RPR). RR 2021, c. 1, Pt. B, §117 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3: LICENSING › 7 §1019. Notice of hearing (REPEALED)

§1019. Notice of hearing
(REPEALED)
SECTION HISTORY
PL 1971, c. 366 (NEW). PL 1977, c. 694, §110 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3: LICENSING › 7 §1020. Decisions (REPEALED)

§1020. Decisions
(REPEALED)
SECTION HISTORY
PL 1971, c. 366 (NEW). PL 1977, c. 694, §111 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3: LICENSING › 7 §1021. Appeals (REPEALED)

§1021. Appeals
(REPEALED)
SECTION HISTORY
PL 1971, c. 366 (NEW). PL 1977, c. 694, §112 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3: LICENSING › 7 §1023. Brokers and agents

§1023. Brokers and agents
1.  Brokerage fee.
The brokerage fee, if any, shall be an agreed upon percentage of the gross proceeds from the sale, exclusive of the costs of transportation, and shall be charged the seller only upon receipt of payment in full of said gross proceeds from the buyer.
[PL 1971, c. 366 (NEW).]
2.  Duties of brokers.
In addition to all the duties of the broker otherwise imposed by law or by agreement, the broker has the following duties.
A. The broker shall invoice the buyer, shall collect and remit to the seller and any secured party noted on the record of the transaction any and all sums due on account of the sale, and shall render an itemized accounting to the seller promptly upon receipt of payment, showing the true gross selling price, all brokerage fees deducted, and any other charges or expenses incurred in connection with the sale of the potatoes or rotation crops. Agreement to collect from the buyer and remit to the seller is not a guarantee by the broker that the buyer will pay for the potatoes or rotation crops purchased, unless there is a specific agreement by the broker that the broker will pay if the buyer does not pay.   [PL 1997, c. 606, §15 (AMD).]
B. The broker shall, to the best of the broker's ability, make all necessary arrangements to effect the transportation of said shipment to the buyer, but the broker, in the absence of a specific agreement, does not guarantee the carrier payment of carrier charges.   [PL 1997, c. 606, §15 (AMD).]
C. The broker shall prepare, file and fully process with the carrier any and all claims for the seller of the potatoes or rotation crops, including taking all necessary action to bring the matter to a conclusion.   [PL 1997, c. 606, §15 (AMD).]
[PL 1997, c. 606, §15 (AMD).]
3.  Agents contracts.
A person required to be licensed by this Article may not act as an agent for any grower without first having an agreement with the grower reduced to a written contract clearly defining the duties and responsibilities of both parties, the extent of the agent's authority in distributing the potatoes or rotation crops, and the agent's fee or selling charge, if any.
[PL 1997, c. 606, §16 (AMD).]
4.  Agent's fees.
The agent's fee or selling charge shall be charged the seller only upon receipt from the buyer of payment in full of the gross proceeds from the sale.
[PL 1971, c. 600, §9 (NEW).]
5.  Duties of agents.
In addition to all the duties of the agent of any grower otherwise imposed by law, rule or regulation, or by agreement, the agent has the same duties as are imposed upon the broker by subsection 2, paragraphs A, B and C.
[PL 1997, c. 606, §16 (AMD).]
SECTION HISTORY
PL 1971, c. 366 (NEW). PL 1971, c. 600, §9 (AMD). PL 1997, c. 606, §§15,16 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3: LICENSING › 7 §1024. Exemptions

§1024. Exemptions
1.  Producers.
Producers are exempt from this Article when selling potatoes or rotation crops that they have grown, that they are presently growing or that they intend to grow, except when acting as an agent.
[PL 1997, c. 606, §17 (AMD).]
2.  Processors.
[PL 1975, c. 555, §6 (RP).]
3.  Retailers.
Retailers are exempt from this Article.
[PL 1971, c. 600, §10 (NEW).]
SECTION HISTORY
PL 1971, c. 366 (NEW). PL 1971, c. 600, §10 (AMD). PL 1975, c. 555, §6 (AMD). PL 1997, c. 606, §17 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3: LICENSING › 7 §1025. Forfeiture of bond; recovery on bond

§1025. Forfeiture of bond; recovery on bond
If any licensee fails to make such payment as provided in section 1017, subsection 1, paragraph B, such licensee, by reason of such nonpayment is in default as to all producers or licensees whose accounts remain unpaid, and the bond provided for is forfeited to the extent of all sums then due from such licensee to those producers or licensees, and by nature of such default, the conditions of such bond are deemed to be broken, and any such producer or licensee may bring an action on the defaulted bond in the name of the commissioner for the benefit of the producer or licensee. A producer or a licensee bringing an action against the bond must provide the department with notice of intent to file a claim within 30 days of the payment due date. A formal verified complaint and supporting documentation must be filed with the department within 90 days of the payment due date.   [PL 2005, c. 333, §4 (AMD).]
The right of a producer or a licensee to bring an action against the bond is subject to the department's right to apply the proceeds of the bond against the producer's or licensee's debts in accordance with section 1017.   [PL 2005, c. 333, §4 (NEW).]
SECTION HISTORY
PL 1971, c. 366 (NEW). PL 1977, c. 696, §358 (AMD). PL 2005, c. 333, §4 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3: LICENSING › 7 §1026. Enforcement

§1026. Enforcement
The commissioner may recover the penalties imposed for violations of this Article and any rules and regulations promulgated thereunder in a civil action brought in the commissioner's own name, the venue to be as in other civil actions and, if the commissioner prevails in that action, the commissioner may recover full costs, including, but not limited to, attorney's fees. The commissioner is entitled to the assistance of the Attorney General and of the several district attorneys.   [PL 2005, c. 333, §5 (AMD).]
SECTION HISTORY
PL 1971, c. 366 (NEW). PL 1977, c. 696, §84 (RPR). PL 2005, c. 333, §5 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3: LICENSING › 7 §1027. Jurisdiction and disposal of forfeitures

§1027. Jurisdiction and disposal of forfeitures
The District Court and the Superior Court shall have concurrent jurisdiction of actions brought for violation of this Article or the rules and regulations promulgated thereunder. All penalties received under this Article by county treasurers shall be paid by them to the Treasurer of State for deposit in the General Fund.   [PL 1977, c. 696, §85 (RPR).]
SECTION HISTORY
PL 1971, c. 366 (NEW). PL 1977, c. 696, §85 (RPR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3: LICENSING › 7 §1028. Violations

§1028. Violations
Any person who shall violate any of the provisions of this Article, except section 1017, subsection 1, paragraph B, or shall neglect or refuse to comply with the provisions thereof or any rule or regulation promulgated hereunder shall be subject to the following civil penalties payable to the State to be recovered in a civil action:   [PL 1977, c. 696, §86 (RPR).]
1.  First violation.
For the first violation, a civil penalty not to exceed $1,000; and
[PL 1977, c. 696, §86 (NEW).]
2.  Subsequent violation.
For each subsequent violation, a civil penalty not to exceed $2,000.
[PL 1977, c. 696, §86 (NEW).]
Each day a violation under this section remains uncorrected may be counted as a separate offense. Penalties may be imposed for each violation.   [PL 2005, c. 333, §6 (NEW).]
SECTION HISTORY
PL 1971, c. 366 (NEW). PL 1977, c. 696, §86 (RPR). PL 2005, c. 333, §6 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3-A: LICENSING FIRST HANDLERS › 7 §1029. Purpose (REPEALED)

§1029. Purpose
(REPEALED)
SECTION HISTORY
PL 1983, c. 582, §3 (NEW). PL 1983, c. 582, §4 (RP). PL 1983, c. 583, §4 (AMD). PL 1983, c. 829, §16 (RP). PL 1985, c. 450 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3-A: LICENSING FIRST HANDLERS › 7 §1029-A. Definitions (REPEALED)

§1029-A. Definitions
(REPEALED)
SECTION HISTORY
PL 1983, c. 582, §3 (NEW). PL 1983, c. 582, §4 (RP). PL 1983, c. 829, §16 (RP). PL 1985, c. 450 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3-A: LICENSING FIRST HANDLERS › 7 §1029-B. Authority of the commissioner (REPEALED)

§1029-B. Authority of the commissioner
(REPEALED)
SECTION HISTORY
PL 1983, c. 582, §3 (NEW). PL 1983, c. 582, §4 (RP). PL 1983, c. 829, §16 (RP). PL 1985, c. 450 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3-A: LICENSING FIRST HANDLERS › 7 §1029-C. Licensing first handlers (REPEALED)

§1029-C. Licensing first handlers
(REPEALED)
SECTION HISTORY
PL 1983, c. 582, §3 (NEW). PL 1983, c. 582, §4 (RP). PL 1983, c. 583, §5 (AMD). PL 1983, c. 829, §16 (RP). PL 1985, c. 450 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 3-A: LICENSING FIRST HANDLERS › 7 §1029-D. Violations (REPEALED)

§1029-D. Violations
(REPEALED)
SECTION HISTORY
PL 1983, c. 582, §3 (NEW). PL 1983, c. 582, §4 (RP). PL 1983, c. 829, §16 (RP). PL 1985, c. 450 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 4: MAINE POTATO QUALITY CONTROL › 7 §1031. Purpose (REPEALED)

§1031. Purpose
(REPEALED)
SECTION HISTORY
PL 1981, c. 513, §§10,12 (NEW). PL 1987, c. 99, §1 (AMD). PL 2005, c. 294, §15 (RP). PL 2005, c. 382, §A6 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 4: MAINE POTATO QUALITY CONTROL › 7 §1032. Definitions

§1032. Definitions
As used in this Article, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1981, c. 513, §167 (NEW).]
1.  Board.
[PL 1987, c. 99, §2 (RP).]
2.  Consumer pack.
"Consumer pack" means a unit of 50 pounds or less net weight of potatoes contained in a bag or other type of container. Consumer pack shall not mean a master container.
[PL 1981, c. 540, §2 (AMD).]
2-A.  Identification marks of bag manufacturers and bag distributors.
[PL 1987, c. 99, §3 (RP).]
3.  Maine bag.
"Maine bag" means any consumer pack for potatoes on which appears the word Maine in letters larger than 1/4 inch or a pictorial representation of the outline of the shape of the state.
[PL 1981, c. 698, §15 (AMD).]
4.  Maine bag grade.
"Maine bag grade" means any of the officially established grades of potatoes as adopted by the commissioner.
[PL 1987, c. 99, §4 (AMD).]
5.  Other than Maine bag.
[PL 1987, c. 99, §5 (RP).]
SECTION HISTORY
PL 1981, c. 513, §§10,12 (NEW). PL 1981, c. 540, §§2-5 (AMD). PL 1981, c. 698, §§14,15 (AMD). PL 1987, c. 99, §§2-5 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 4: MAINE POTATO QUALITY CONTROL › 7 §1033. Maine Potato Quality Control Board (REPEALED)

§1033. Maine Potato Quality Control Board
(REPEALED)
SECTION HISTORY
PL 1981, c. 513, §§10,12 (NEW). PL 1983, c. 780, §§1,2 (AMD). PL 1983, c. 812, §§48,49 (AMD). PL 1987, c. 99, §§6-12 (AMD). PL 1989, c. 459, §§1,2 (AMD). PL 1989, c. 503, §B44 (AMD). PL 1991, c. 506, §3 (AMD). PL 1991, c. 837, §§A21,22 (AMD). PL 1999, c. 127, §A15 (AMD). PL 2001, c. 164, §1 (AMD). PL 2005, c. 294, §16 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 4: MAINE POTATO QUALITY CONTROL › 7 §1033-A. Duties of the commissioner

§1033-A. Duties of the commissioner
1.  Inspection fee.
After considering the recommendations of the Maine Potato Board, and after considering available money appropriated from the General Fund, the commissioner shall set the inspection fee for potatoes packed in Maine bags pursuant to rules adopted pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375.
[PL 2005, c. 294, §17 (AMD).]
2.  Statement of basis for fee.
Upon request of the Maine Potato Board, the commissioner shall provide to the board and other interested parties a written statement of the basis for the fee established under this section.
[PL 2005, c. 294, §17 (AMD).]
3.  Maine bag grades.
Pursuant to the rule-making provisions of the Maine Administrative Procedure Act, the commissioner shall adopt the official grade or grades for potatoes to be packed in Maine bags. The commissioner shall prepare proposed rules. These rules as finally adopted become effective on August 1st, 1988 and may be amended only annually thereafter, with amendments becoming effective on August 1st of the year in which adopted. A Maine bag grade may not be less than United States No. 1.
[PL 2005, c. 294, §17 (AMD).]
SECTION HISTORY
PL 1983, c. 780, §3 (NEW). PL 1987, c. 99, §§13,14 (AMD). RR 1997, c. 2, §28 (COR). PL 2005, c. 294, §17 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 4: MAINE POTATO QUALITY CONTROL › 7 §1034. Inspection

§1034. Inspection
The Maine Potato Board may employ inspectors and may require payments for inspection at a rate and schedule to be established by rule by the commissioner. The commissioner shall develop proposed rules.   [PL 2005, c. 683, Pt. A, §11 (AMD).]
SECTION HISTORY
PL 1981, c. 513, §§10,12 (NEW). PL 1987, c. 99, §15 (AMD). PL 2005, c. 294, §18 (AMD). PL 2005, c. 683, §A11 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 4: MAINE POTATO QUALITY CONTROL › 7 §1034-A. Variety labeling

§1034-A. Variety labeling
There is established a voluntary potato variety labeling program to provide consumers with accurate information on the varieties of potatoes that are available and to assist the industry in establishing markets for new varieties.   [PL 1989, c. 459, §3 (NEW).]
1.  Rules.
The commissioner shall adopt rules in accordance with Title 5, chapter 375 concerning the program, including, but not limited to, program participation, identification of the varieties of potatoes eligible for inclusion in the potato variety labeling program, requirements of the inspection of potatoes in the program and appropriate methods of labeling. A rule may not be adopted that requires the inspection of potatoes labeled by variety when the packer is not a participant in the potato variety labeling program.
[PL 2003, c. 452, Pt. B, §13 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Fees.
The commissioner shall establish inspection fees for potatoes packed in bags labeled in accordance with the potato variety labeling program at a level 3¢ below the inspection fees established pursuant to sections 1033‑A and 1034.
[PL 1989, c. 459, §3 (NEW).]
3.  Violation.
A participant in the potato variety labeling program may not pack potatoes in a bag labeled with the name of a different potato variety. For the purposes of this subsection, each load of potatoes constitutes a separate violation.
[PL 2003, c. 452, Pt. B, §14 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]
4.  Sunset.
[PL 1991, c. 506, §4 (RP).]
5.  Penalties.
The following penalties apply to violations of this section.
A. A person who violates subsection 3 commits a civil violation for which a fine of not more than $1,000 may be adjudged.   [PL 2003, c. 452, Pt. B, §15 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A person who violates subsection 3 after having previously violated subsection 3 commits a civil violation for which a fine of not more than $2,000 may be adjudged.   [PL 2003, c. 452, Pt. B, §15 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. B, §15 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1989, c. 459, §3 (NEW). PL 1991, c. 506, §4 (AMD). PL 2003, c. 452, §§B13-15 (AMD). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 4: MAINE POTATO QUALITY CONTROL › 7 §1035. Maine bag logo (REPEALED)

§1035. Maine bag logo
(REPEALED)
SECTION HISTORY
PL 1981, c. 513, §§10,12 (NEW). PL 1981, c. 540, §6 (AMD). PL 1987, c. 99, §16 (RPR). PL 2005, c. 294, §19 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 4: MAINE POTATO QUALITY CONTROL › 7 §1036-A. Exemption

§1036-A. Exemption
The requirements of this article do not apply to identification marks of bag manufacturers and bag distributors.   [PL 1987, c. 99, §19 (NEW).]
SECTION HISTORY
PL 1987, c. 99, §19 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 10: POTATOES › Article 4: MAINE POTATO QUALITY CONTROL › 7 §1037. Inspector licensing

§1037. Inspector licensing
1.  License.
The commissioner may establish standards for licensing potato inspectors for the purposes of this subchapter, conduct examinations to license and license successful applicants; except that the commissioner may determine not to license such private inspectors if the commissioner finds that the volume of potatoes inspected by the federal-state inspection service is insufficient to reasonably and efficiently sustain the availability at the federal-state inspection service in the State. The commissioner shall charge a fee of $10 for taking the examination and $15 for a license. A license is for 2 years and may be renewed.
[RR 2021, c. 1, Pt. B, §119 (COR).]
2.  Fees.
All fees collected under this section shall be paid immediately to the Treasurer of State and credited to the department for the administration of this section and other expenses incident to the administration of this subchapter. If any fees are not spent during the year in which they are collected, the unexpended balance shall not lapse, but shall be carried as a continuing account and available for the purpose specified until spent.
[PL 1981, c. 513, §§10, 12 (NEW).]
3.  Revocation.
The commissioner may refuse to renew and the District Court may revoke the license of an inspector upon finding that the inspector has knowingly falsified information relating to inspections or his application for a license.
[PL 1981, c. 513, §§10, 12 (NEW); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
SECTION HISTORY
PL 1981, c. 513, §§10,12 (NEW). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). RR 2021, c. 1, Pt. B, §119 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 11: SEEDS › 7 §1044. Prohibitions

§1044. Prohibitions
1.  Test for germination; labels; ads; noxious weeds.
It shall be unlawful for any person to sell, offer for sale or expose for sale any agricultural, vegetable or tree and shrub seeds within this State:
A. Unless the test to determine the percentage of germination required by section 1043 has been completed within a 9-month period, exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale or offering for sale or transportation except that, with regard to cool-weather lawn and turf seed, that test must have been completed within a 15-month period pursuant to this paragraph. As used in this paragraph, "cool-weather lawn and turf seed" includes Kentucky bluegrass, red fescue, Chewing's fescue, hard fescue, tall fescue, perennial ryegrass, intermediate ryegrass, annual ryegrass, colonial bentgrass and creeping bentgrass;   [PL 2017, c. 57, §1 (AMD).]
B. Not labeled in accordance with this subchapter, or having a false or misleading label;
C. Pertaining to which there has been a false or misleading advertisement;
D. Containing primary noxious-weed seeds not in accordance with tolerances and methods of determination prescribed in the rules and regulations promulgated by the commissioner;
E. If noxious-weed seeds are present singularly or collectively in excess of 500 per pound.
[PL 2017, c. 57, §1 (AMD).]
2.  Misuse of labels; false ads; obstructions; stop-sales.
It shall be unlawful for any person within this State:
A. To detach, alter, deface or destroy any label provided for in this subchapter, or the rules and regulations promulgated by the commissioner thereunder, or to alter or substitute seed in any manner that may defeat the purposes of said subchapter;
B. To disseminate any false or misleading advertisement concerning agricultural, vegetable or tree and shrub seeds in any manner or by any means;   [PL 1969, c. 42, §6 (AMD).]
C. To hinder or obstruct in any way any authorized person in the performance of his duties under this subchapter;
D. To fail to comply with a "stop-sale" order.
[PL 1969, c. 42, §6 (AMD).]
SECTION HISTORY
PL 1969, c. 42, §§5,6 (AMD). PL 2017, c. 57, §1 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 11: SEEDS › 7 §1044-A. Licensing requirements

§1044-A. Licensing requirements
For the purpose of providing revenues to defray the expense of the inspection and analysis prescribed in this subchapter, the commissioner shall license seed labelers. The commissioner shall prescribe the license application form. License fees established under this subchapter may be collected on other than an annual basis if the license required in this section is issued in conjunction with a nursery operator's license issued under section 2171.   [PL 1999, c. 84, §2 (AMD).]
1.  Retail dealer's license.
[PL 1995, c. 435, §2 (RP); PL 1995, c. 435, §3 (AFF).]
2.  Seed labeling license.
A person, firm or corporation may not label agricultural, vegetable and tree and shrub seeds, except seed potatoes, for planting purposes for distribution or sale in this State without having obtained a seed labeling license. The seed labeling licensee is responsible for the accuracy of the seed contents of all packages, boxes and bags of seeds labeled by the licensee. The fee for a seed labeling license is $50 annually. A license may be issued 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 2005, c. 12, Pt. EEE, §2 (AMD).]
3.  Disposition of fees.
Fees received for licenses established under this section shall be paid to the Treasurer of State for deposit in the General Fund.
[PL 1979, c. 672, Pt. A, §25 (NEW).]
SECTION HISTORY
PL 1979, c. 672, §A25 (NEW). PL 1995, c. 435, §§1,2 (AMD). PL 1995, c. 435, §3 (AFF). PL 1997, c. 454, §3 (AMD). PL 1999, c. 84, §2 (AMD). PL 2005, c. 12, §EEE2 (AMD).