reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1: MARKETING AND ADVERTISING FARM PRODUCTS › 7 §402. Advertising of products

§402. Advertising of products
The commissioner may enter into agreements or cooperative arrangements with any person, firm or corporation for the purpose of advertising and increasing the sale and consumption of Maine farm products or disseminating information concerning Maine farm products. The commissioner may receive, administer and disburse any funds or contributions from these persons, firms or corporations, either independently or in conjunction with state funds allocated to the purpose, as long as funds so contributed are used only for the purposes set forth. The commissioner may employ such agents and assistants, subject to the Civil Service Law, and make such purchases as may be necessary in the proper performance of the commissioner's duties.   [RR 2021, c. 1, Pt. B, §61 (COR).]
SECTION HISTORY
PL 1971, c. 608, §1 (AMD). PL 1977, c. 694, §45 (AMD). PL 1979, c. 672, §A15 (RPR). PL 1985, c. 785, §B43 (AMD). RR 2021, c. 1, Pt. B, §61 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1: MARKETING AND ADVERTISING FARM PRODUCTS › 7 §402-A. Agriculture promotion

§402-A. Agriculture promotion
1.  Agriculture Promotion Committee.
[PL 1995, c. 233, Pt. A, §2 (RP).]
2.  Fund.
There is created a nonlapsing Agriculture Promotion Fund. The commissioner is authorized to accept moneys for this fund from any public or private source and to credit to this fund any moneys received from the sale of agricultural promotional materials.
[PL 1981, c. 705, Pt. I, §1 (NEW).]
3.  Duties of the committee.
[PL 1995, c. 233, Pt. A, §3 (RP).]
4.  Rule-making authority.
The commissioner may adopt such rules as the commissioner considers necessary to achieve the purposes of this chapter including, but not limited to, rules requiring registration of persons wishing to identify products as Maine products under a logo or trademark adopted by the department and requiring verification of the origin of those products.
[RR 2021, c. 1, Pt. B, §62 (COR).]
SECTION HISTORY
PL 1981, c. 705, §I1 (NEW). PL 1983, c. 812, §42 (AMD). PL 1989, c. 503, §B40 (AMD). PL 1995, c. 233, §§A2,3 (AMD). RR 2021, c. 1, Pt. B, §62 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1: MARKETING AND ADVERTISING FARM PRODUCTS › 7 §402-B. Annual General Fund transfer

§402-B. Annual General Fund transfer
On or before July 31st of each fiscal year, the State Controller shall transfer $500,000 from General Fund undedicated revenue to the Agriculture Promotion Fund established in section 402-A.   [PL 2017, c. 284, Pt. RRRRR, §1 (NEW).]
SECTION HISTORY
PL 2017, c. 284, Pt. RRRRR, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1: MARKETING AND ADVERTISING FARM PRODUCTS › 7 §403. State of Maine Building at Eastern States Exposition

§403. State of Maine Building at Eastern States Exposition
1.  State of Maine Building.
The department shall operate and maintain the State of Maine Building, previously erected upon the Eastern States Agricultural and Industrial Exposition, Inc., at West Springfield, Massachusetts, for the purpose of exhibiting, publicizing and advertising Maine's products and resources in agriculture, industry, fisheries, forests, wildlife and recreation. Except as otherwise provided in this section, the department has complete control and supervision of all exhibits held in these buildings.
[RR 2009, c. 2, §5 (COR).]
2.  Advice.
From time to time, the department shall consult regarding operation and maintenance of the building with, and for any major exhibition shall prior to the exhibition develop a plan after a public hearing and obtain advice on the proposed use of building space from, the following persons: The Commissioner of Marine Resources; Commissioner of Inland Fisheries and Wildlife; Commissioner of Agriculture, Conservation and Forestry; and Commissioner of Economic and Community Development.
[PL 1987, c. 534, Pt. B, §§1, 23 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]
3.  Advisory board.
[PL 1987, c. 786, §10 (RP).]
SECTION HISTORY
PL 1973, c. 574, §1 (NEW). PL 1979, c. 461 (AMD). PL 1981, c. 335, §§1,2 (RPR). PL 1983, c. 812, §43 (AMD). PL 1987, c. 534, §§B1,B23 (AMD). PL 1987, c. 786, §10 (AMD). RR 2009, c. 2, §5 (COR). PL 2011, c. 657, Pt. W, §6 (REV).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-A: DIRECT MARKETING OF AGRICULTURAL COMMODITIES › 7 §411. Definitions

§411. Definitions
As used in this subchapter, the following terms shall have the following meanings.   [PL 1977, c. 505 (NEW).]
1.  Commissioner.
"Commissioner" means the Commissioner of Agriculture, Conservation and Forestry.
[PL 1979, c. 731, §19 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]
2.  Direct-marketing.
"Direct-marketing" means the marketing of agricultural commodities by farmers directly to consumers.
[PL 1977, c. 505 (NEW).]
SECTION HISTORY
PL 1977, c. 505 (NEW). PL 1979, c. 731, §19 (AMD). PL 2011, c. 657, Pt. W, §6 (REV).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-A: DIRECT MARKETING OF AGRICULTURAL COMMODITIES › 7 §412. Research and preparation of information

§412. Research and preparation of information
The commissioner shall research and prepare information designed to develop and promote direct-marketing. The commissioner shall consult with the farm community, with the faculty of the College of Natural Sciences, Forestry and Agriculture of the University of Maine and with the various county extension agents in compiling information under this section. The information must include, but not be limited to, the following:   [PL 2013, c. 65, §1 (AMD).]
1.  Description and evaluation.
A description and evaluation of the various methods of direct-marketing, such as farmers' markets, roadside stands and sales to consumer cooperative;
[PL 1977, c. 505 (NEW).]
2.  Practical information.
Prepare practical information concerning the establishment and operation of various methods of direct-marketing, including promotion, advertisement, management, Supplemental Nutrition Assistance Program purchases and liability insurance;
[PL 2023, c. 405, Pt. C, §2 (AMD).]
3.  Survey.
A survey, by county, of the present demand for agricultural commodities to enable farmers to plan future production in closer accord with marketing demands;
[PL 1977, c. 505 (NEW).]
4.  Feasibility study.
A study of the feasibility of direct-marketing to institutions, such as hospitals and schools; and
[PL 1977, c. 505 (NEW).]
5.  List of farmers.
A list of the names and addresses of all Maine farmers and of the agricultural commodities which each produces.
[PL 1977, c. 505 (NEW).]
SECTION HISTORY
PL 1977, c. 505 (NEW). PL 1985, c. 779, §33 (AMD). PL 2013, c. 65, §1 (AMD). PL 2023, c. 405, Pt. C, §2 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-A: DIRECT MARKETING OF AGRICULTURAL COMMODITIES › 7 §413. Distribution

§413. Distribution
The commissioner shall develop suitable means to distribute information compiled under section 412 to all Maine farmers. If the commissioner considers the cost of distributing any research or instructional publication prohibitive, the commissioner shall, by whatever means appropriate, notify farmers of the availability of the information. Distribution may be accomplished by means currently within the Department of Agriculture, Conservation and Forestry.   [RR 2021, c. 1, Pt. B, §63 (COR).]
SECTION HISTORY
PL 1977, c. 505 (NEW). PL 1979, c. 731, §19 (AMD). PL 2011, c. 657, Pt. W, §5 (REV). RR 2021, c. 1, Pt. B, §63 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-A: DIRECT MARKETING OF AGRICULTURAL COMMODITIES › 7 §414. Assistance

§414. Assistance
The commissioner shall assist and advise individual farmers or groups of farmers in their efforts to market more effectively directly to consumers by:   [PL 2013, c. 65, §2 (AMD).]
1.  Soliciting participation.
Informing farmers of, and soliciting their participation in, any proposed method of direct-marketing; and
[PL 2013, c. 65, §2 (AMD).]
2.  Technical assistance.
[PL 2013, c. 65, §2 (RP).]
3.  Referral.
Referring farmers to other appropriate sources of assistance.
[PL 2013, c. 65, §2 (AMD).]
SECTION HISTORY
PL 1977, c. 505 (NEW). PL 1985, c. 779, §34 (AMD). PL 2013, c. 65, §2 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-A: DIRECT MARKETING OF AGRICULTURAL COMMODITIES › 7 §415. Farmers' market

§415. Farmers' market
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Farmers' market" means a building, structure or place used by 2 or more farmers for the direct sale of farm and food products to consumers, at which all sellers of farm and food products meet the requirements of subsection 2, paragraph B.   [PL 2009, c. 547, §1 (AMD).]
B. "Farm and food products" means any agricultural, horticultural, forest or other product of the soil or water, including, but not limited to, fruits, vegetables, eggs, dairy products, meat and meat products, poultry and poultry products, fish and fish products, grain and grain products, honey, nuts, maple products, apple cider, fruit juice, malt liquor, wine, ornamental or vegetable plants, nursery products, fiber or fiber products, firewood and Christmas trees.   [PL 2011, c. 280, §1 (AMD).]
[PL 2011, c. 280, §1 (AMD).]
2.  Prohibitions.
The following acts are prohibited.
A. A person may not use the term "farmers' market" to describe a market or other sales location that does not meet the terms of the definition set forth in subsection 1.   [PL 1993, c. 138, §1 (NEW).]
B. A person may not sell farm and food products at a market labeled "farmers' market" unless at least 75% of the products offered by that person were grown or processed by that person or under that person's direction. A product not grown or processed by that person or under that person's direction must have been grown or processed by and purchased directly from another farmer and the name and location of the farm must be identified on the product or on a sign in close proximity to the displayed product.   [PL 2009, c. 547, §2 (AMD).]
[PL 2009, c. 547, §2 (AMD).]
3.  Penalty.
A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $200 may be adjudged.
[PL 1993, c. 138, §1 (NEW).]
4.  Relationship to farmers' market rules.
This section does not prohibit a farmers' market from imposing more stringent requirements on its sellers than those imposed by subsection 2, paragraph B or an ordinance adopted pursuant to section 284.
[PL 2023, c. 420, §2 (AMD).]
5.  Enforcement; prima facie evidence.
The commissioner or an agent of the commissioner may request proof of the origin of a product for the purpose of enforcing this section. Failure to provide written documentation or other reasonable proof upon request as to the origin of the products offered for sale at a farmers' market is prima facie evidence that a person is in violation of this section.
[PL 2005, c. 512, §6 (NEW).]
SECTION HISTORY
PL 1993, c. 138, §1 (NEW). PL 2005, c. 512, §§5,6 (AMD). PL 2009, c. 547, §§1, 2 (AMD). PL 2011, c. 280, §1 (AMD). PL 2023, c. 420, §2 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-B: AGRICULTURAL COMMODITIES MARKETING ACT › 7 §421. Title

§421. Title
This subchapter shall be known and may be cited as the "Maine Agricultural Commodities Marketing Act."   [PL 1981, c. 154, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 154, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-B: AGRICULTURAL COMMODITIES MARKETING ACT › 7 §422. Purposes

§422. Purposes
The purposes of this subchapter are:   [PL 1981, c. 154, §1 (NEW).]
1.  Correlated marketing.
To enable producers of agricultural commodities of this State, with the aid of the State, to more effectively correlate the marketing of their crops with market demands;
[PL 1981, c. 154, §1 (NEW).]
2.  Uniform grading.
To provide for uniform grading and proper preparation of agricultural commodities for market;
[PL 1981, c. 154, §1 (NEW).]
3.  Development of markets.
To provide methods and means for the development of new and larger markets for agricultural commodities grown within the State;
[PL 1981, c. 154, §1 (NEW).]
4.  Orderly marketing.
To establish orderly marketing and pricing of agricultural commodities grown within this State; and
[PL 1981, c. 154, §1 (NEW).]
5.  Elimination of economic waste.
To eliminate or reduce economic waste in the marketing of agricultural commodities grown within the State.
[PL 1981, c. 154, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 154, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-B: AGRICULTURAL COMMODITIES MARKETING ACT › 7 §424. Administration

§424. Administration
The commissioner shall administer and enforce this subchapter.   [PL 1981, c. 154, §1 (NEW).]
1.  Rules.
The commissioner may, in a manner consistent with the rulemaking provisions of the Maine Administrative Procedure Act, Title 5, chapter 375, adopt such rules as may be necessary to carry out and interpret the provisions and purposes of this subchapter.
[PL 1981, c. 154, §1 (NEW).]
2.  Considerations.
In carrying out the purposes of this subchapter the commissioner shall consider any and all facts available to the commissioner with respect to the following economic factors:
A. The quality of an agricultural commodity available for distribution as well as the quantity of the agricultural commodity that would normally be required by consumers;   [RR 2021, c. 1, Pt. B, §65 (COR).]
B. The cost of producing an agricultural commodity, the purchasing power of consumers, and the level of prices of commodities, services and articles that producers commonly buy;   [RR 2021, c. 1, Pt. B, §65 (COR).]
C. The level of prices of other commodities that compete with or are utilized as substitutes for an agricultural commodity; and   [RR 2021, c. 1, Pt. B, §65 (COR).]
D. Such other factors as the nature of the location, volume and marketing structure of production of the agricultural commodity.   [PL 1981, c. 154, §1 (NEW).]
[RR 2021, c. 1, Pt. B, §65 (COR).]
3.  Enforcement.
The commissioner may institute investigations, hold hearings, require reports, subpoena records and persons and take other actions that the commissioner finds necessary to implement this subchapter. The commissioner may institute such action as may appear necessary to enforce compliance with any provision of this subchapter or any rule, market agreement or order committed to the commissioner's administration under this subchapter. In addition to any other remedy under this subchapter or otherwise, the commissioner may apply for relief by injunction to protect the public interest without being compelled to allege or prove that an adequate remedy at law does not exist and without being compelled to post bond.
[PL 2005, c. 512, §7 (AMD).]
SECTION HISTORY
PL 1981, c. 154, §1 (NEW). PL 2005, c. 512, §7 (AMD). RR 2021, c. 1, Pt. B, §65 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-B: AGRICULTURAL COMMODITIES MARKETING ACT › 7 §425. Market orders and agreements

§425. Market orders and agreements
1.  Market orders.
To carry out the purposes of this subchapter, the commissioner may issue, administer and adopt orders regulating the marketing of any agricultural commodity or designated portion of that commodity. Before issuing a proposed market order or market agreement under this subsection, the commissioner shall, by rule, define the commodity, area and persons proposed to be affected and may, to the extent the commissioner considers necessary, establish by rule the procedures for adopting and implementing that proposal. Such market orders must be proposed and adopted after public hearing, in a manner consistent with the rulemaking provisions of the Maine Administrative Procedure Act. All testimony at the hearings must be received under oath.
[RR 2021, c. 1, Pt. B, §66 (COR).]
2.  Referendum approval.
No market order adopted under this subchapter may take effect unless and until the commissioner determines that the adoption of the order is favored by:
A. Not less than 66 2/3% of the persons participating in a referendum in the area affected and having marketed not less than 51% of the total quantity of the commodity which was marketed in the preceding marketing season by all persons that participated in the referendum; or   [PL 1981, c. 154, §1 (NEW).]
B. Not less than 51% of the persons participating in a referendum in the area affected and having marketed not less than 66 2/3% of the total quantity of the commodity which was marketed in the preceding marketing season by all persons that participated in the referendum.   [PL 1981, c. 154, §1 (NEW).]
[PL 1981, c. 154, §1 (NEW).]
3.  Market agreements.
To carry out the declared purposes of this subchapter, the commissioner may enter into market agreements with producers, handlers or processors of agricultural commodities. These market agreements shall be binding only upon the signatories. The market agreements shall be proposed and adopted, after public hearing, in a manner consistent with the rulemaking provisions of the Maine Administrative Procedure Act. All testimony at the hearings shall be received under oath. The commissioner may, by rule, establish the minimum number of signatories necessary to effectuate a market agreement.
[PL 1981, c. 154, §1 (NEW).]
4.  Coexistence of market orders and market agreements.
The commissioner may, in the commissioner's discretion, hold concurrent hearings upon proposed market agreements and proposed market orders. The commissioner may issue a market order without executing a market agreement or may execute a market agreement without issuing a market order covering the same commodity. The execution of a market agreement in no manner affects the issuance, administration or enforcement of any market order for the same agricultural commodity.
[RR 2021, c. 1, Pt. B, §67 (COR).]
SECTION HISTORY
PL 1981, c. 154, §1 (NEW). RR 2021, c. 1, Pt. B, §§66, 67 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-B: AGRICULTURAL COMMODITIES MARKETING ACT › 7 §426. Contents of market order or market agreement

§426. Contents of market order or market agreement
Any market order or market agreement adopted by the commissioner may contain any or all of the following:   [PL 1981, c. 154, §1 (NEW).]
1.  Surplus.
Provisions for determining the existence and extent of the surplus of any agricultural commodity, or of any grade, size or quality thereof, and for regulating and disposing of the surplus;
[PL 1981, c. 154, §1 (NEW).]
2.  Quantity.
Provisions for limiting the total quantity of any agricultural product, or of any grade or grades, size or sizes, or quality or portions of those agricultural products which may be marketed during any specified period or periods. The total limitations of any commodity so regulated shall not provide for the marketing of less than the quantity which the commissioner finds is reasonably necessary to supply the market demand of consumers for that commodity;
[PL 1981, c. 154, §1 (NEW).]
3.  Time periods.
Provisions for regulating the period or periods, during which any agricultural commodity, or any grade or grades, size or sizes or quality or portions or combinations of a commodity, may be marketed;
[PL 1981, c. 154, §1 (NEW).]
4.  Standards.
Provisions for establishing uniform standards of quality, grade, condition, size, maturity or pack of any agricultural commodity delivered by producers or other persons to handlers or processors or others engaged in the handling of agricultural commodities;
[PL 1981, c. 154, §1 (NEW).]
5.  Prohibition on sale; mandatory inspection.
Provisions prohibiting a producer of an agricultural commodity to which a market order or market agreement applies from selling, offering for sale or delivering a commodity not meeting and complying with standards established pursuant to subsection 4. A provision for mandatory inspection under a market order must be indicated in the market order and specifically included in the referendum proposal under section 425, subsection 2;
[PL 2005, c. 512, §8 (RPR).]
6.  Other sales.
Provisions for requiring that no handler or processor of any agricultural commodity for which standards are established pursuant to subsection 4 may, except as otherwise provided in the market agreement or order, have in the handler's or processor's possession, sell, offer for sale, process, distribute or otherwise handle any such commodity produced within or without the State, not meeting or complying with the established standards;
[RR 2021, c. 1, Pt. B, §68 (COR).]
7.  Other provisions.
Such other provisions as may be necessary to carry out the declared purposes of this subchapter.
[PL 1981, c. 154, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 154, §1 (NEW). PL 2005, c. 512, §8 (AMD). RR 2021, c. 1, Pt. B, §68 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-B: AGRICULTURAL COMMODITIES MARKETING ACT › 7 §427. Commodity marketing committee (REPEALED)

§427. Commodity marketing committee
(REPEALED)
SECTION HISTORY
PL 1981, c. 154, §1 (NEW). PL 1983, c. 812, §44 (AMD). PL 1989, c. 503, §B41 (AMD). PL 1999, c. 668, §67 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-B: AGRICULTURAL COMMODITIES MARKETING ACT › 7 §428. Expenses and fees (REPEALED)

§428. Expenses and fees
(REPEALED)
SECTION HISTORY
PL 1981, c. 154, §1 (NEW). PL 1999, c. 668, §68 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-B: AGRICULTURAL COMMODITIES MARKETING ACT › 7 §429. Termination, amendment or suspension of market order or agreement (REPEALED)

§429. Termination, amendment or suspension of market order or agreement
(REPEALED)
SECTION HISTORY
PL 1981, c. 154, §1 (NEW). PL 1999, c. 668, §68 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-B: AGRICULTURAL COMMODITIES MARKETING ACT › 7 §430. Penalties (REPEALED)

§430. Penalties
(REPEALED)
SECTION HISTORY
PL 1981, c. 154, §1 (NEW). PL 1999, c. 668, §68 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-C: MARKET SERVICE › 7 §431. Legislative findings and purpose (REPEALED)

§431. Legislative findings and purpose
(REPEALED)
SECTION HISTORY
PL 1983, c. 563, §2 (NEW). PL 2005, c. 382, §A3 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-C: MARKET SERVICE › 7 §432. Market information

§432. Market information
The commissioner shall collect relevant information from the market place, both directly and from appropriate secondary sources. This information may include product prices, both wholesale and retail, taking into account quantity, packaging, quality, specific market and time of year, purchasing habits of wholesale and retail buyers and preferences of consumers in terms of quantity, packaging, quality and season and availability of supplies of both directly competitive products and substitute products. In addition to these factors needed to make short-term marketing decisions, information may also be collected relevant to long-term marketing decisions, such as production costs, profitability and market structure.   [PL 1983, c. 563, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 563, §2 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-C: MARKET SERVICE › 7 §433. Preparation and distribution of information

§433. Preparation and distribution of information
The commissioner shall analyze and interpret relevant market information and shall develop a suitable means to distribute that information to Maine agricultural producers in cooperation with other state and federal agencies of like purpose, including the Cooperative Extension Service.   [PL 1983, c. 563, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 563, §2 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-D: AGRICULTURAL MARKETING LOANS › 7 §434. Definitions

§434. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1995, c. 658, §1 (NEW).]
1.  Agricultural enterprise.
"Agricultural enterprise" means a person or business located in this State and engaged or beginning to engage in the commercial growing or harvesting of plants; raising of animals; growing or obtaining plant or animal by-products; aquaculture, as defined in Title 12, section 6001, subsection 1; or further processing, storing, packaging or marketing a raw product derived from plants, animals, plant or animal by-products or aquaculture, as defined in Title 12, section 6001, subsection 1, with the intent that the product be sold or otherwise disposed of to generate income. "Agricultural enterprise" includes a business or activity that attracts visitors to a farm for the purpose of supplementing income from the primary crop or livestock operation. "Agricultural enterprise" does not include a business engaged primarily in the growing, harvesting or further processing of forest species of trees for the purpose of producing pulp or other materials used in the paper manufacturing or wood manufacturing process.
[PL 2021, c. 710, §4 (AMD).]
2.  Direct marketing.
[PL 2007, c. 660, §9 (RP).]
SECTION HISTORY
PL 1995, c. 658, §1 (NEW). PL 1999, c. 504, §1 (AMD). PL 1999, c. 769, §4 (AMD). PL 2001, c. 152, §§1-3 (AMD). PL 2007, c. 660, §9 (AMD). PL 2021, c. 710, §4 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-D: AGRICULTURAL MARKETING LOANS › 7 §436. Grants for technical assistance and research

§436. Grants for technical assistance and research
The commissioner may use all or a portion of the accrued interest in the cash balance of the Agricultural Marketing Loan Fund for grants for technical assistance and for grants from the Agricultural Development Fund in chapter 10.   [PL 2021, c. 710, §10 (AMD).]
SECTION HISTORY
PL 1995, c. 658, §1 (NEW). PL 1999, c. 72, §8 (AMD). PL 1999, c. 563, §1 (AMD). PL 2003, c. 120, §1 (AMD). PL 2007, c. 660, §15 (AMD). PL 2021, c. 710, §10 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-D: AGRICULTURAL MARKETING LOANS › 7 §436-A. Development of business plans (REPEALED)

§436-A. Development of business plans
(REPEALED)
SECTION HISTORY
PL 1999, c. 769, §6 (NEW). PL 2007, c. 660, §16 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 1-D: AGRICULTURAL MARKETING LOANS › 7 §437. Routine technical rules

§437. Routine technical rules
Rules adopted pursuant to this subchapter are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A.   [PL 1995, c. 658, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 658, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2: GRADES AND STANDARDS FOR FARM PRODUCTS › 7 §441. Rules

§441. Rules
The commissioner may prescribe, in a manner consistent with the Maine Administrative Procedure Act, rules for carrying out this subchapter, including the fixing of fees to be charged any individual, firm or organization requesting an inspection pursuant to section 446 or receiving an inspection pursuant to section 951. These fees must, as nearly as possible, cover the costs of the inspection services for the commodity inspected. All fees collected must be paid by the commissioner to the Treasurer of State and are appropriated for the purposes of this subchapter. Any unexpended balance from the funds thus appropriated may not lapse, but must be carried forward to the same fund for the next fiscal year.   [PL 1995, c. 298, §1 (AMD).]
SECTION HISTORY
PL 1977, c. 694, §46 (AMD). PL 1979, c. 672, §A16 (RPR). PL 1995, c. 298, §1 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2: GRADES AND STANDARDS FOR FARM PRODUCTS › 7 §441-A. Legislative purpose

§441-A. Legislative purpose
The Legislature finds that Maine agricultural producers have, in many cases, tended to focus on production, with less attention to marketing, including the adoption of and adherence to quality standards. Consistent high quality of Maine agricultural products is essential to the maintenance and expansion of Maine markets and to the success of agriculture in the State. In order to assure that those quality standards are properly adopted, enforced and promoted, the Legislature finds it is necessary to provide state assistance in these aspects of marketing.   [PL 1983, c. 563, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 563, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2: GRADES AND STANDARDS FOR FARM PRODUCTS › 7 §441-B. Federal-State Inspection Fund

§441-B. Federal-State Inspection Fund
There is established the Federal-State Inspection Fund, referred to in this section as the "fund." The fund receives all revenues collected by the Federal-State Inspection Service from conducting inspections and inspection-related work including but not limited to inspection fees, fees from state and federal agencies and grants or other funds received by the Federal-State Inspection Service in support of operating a statewide inspection program. All money collected must be deposited in the fund to be used for the management and operation of the Federal-State Inspection Service. Unexpended balances in the fund do not lapse and must be carried forward to be used for the purposes specified in this section.   [PL 1997, c. 24, Pt. OO, §1 (NEW).]
Any interest earned on the revenue deposited in the fund only accrues to the fund.   [PL 1997, c. 643, Pt. MM, §1 (AMD).]
SECTION HISTORY
PL 1997, c. 24, §OO1 (NEW). PL 1997, c. 395, §D1 (AMD). PL 1997, c. 643, §MM1 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2: GRADES AND STANDARDS FOR FARM PRODUCTS › 7 §442. Hearings

§442. Hearings
The commissioner may establish and promulgate official grades and standards for farm products, excepting dairy products produced within the State for the purposes of sale, and may from time to time amend or modify such grades and standards. Before establishing, amending or modifying any such grades or standards, the said commissioner shall hold public hearings in such places within the State as shall be most convenient to producers of the commodity under consideration. Notice of such hearings shall be provided in the manner specified in the Maine Administrative Procedure Act and shall further be provided in a newspaper or newspapers of general circulation within the county where the hearing is to be held.   [PL 1977, c. 694, §47 (AMD).]
SECTION HISTORY
PL 1977, c. 694, §47 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2: GRADES AND STANDARDS FOR FARM PRODUCTS › 7 §443. Brands, labels and trademarks; revocation

§443. Brands, labels and trademarks; revocation
The commissioner may determine or design brands, labels or trademarks for identifying farm products, sardines and, subject to the additional conditions of this section, other natural resource products and commodities, packed in accordance with such official grades and standards established as provided by law and may furnish information to packers and shippers as to where those labels and trademarks may be obtained. A written application to the commissioner requesting permission to use brands, labels or trademarks, and a written acceptance by the commissioner or duly authorized assistants, shall be a condition precedent to the use of those brands, labels or trademarks. The right to use those brands, labels or trademarks may be suspended or revoked in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375, whenever it appears on investigation that they have been used to identify farm products, sardines or other natural resource products and commodities not in fact conforming to the grade indicated.   [PL 1989, c. 670, §1 (AMD).]
1.  Nonagricultural products.
Before any natural resource product or commodity that is not a farm product is eligible to use a brand, label or trademark designed by the Commissioner of Agriculture, Conservation and Forestry, a commissioner of any other department with regulatory authority, marketing or promotion responsibility or other authority for that product or commodity shall determine whether the use of the brand, label or trademark is in the best interests of packers and shippers of the product or commodity and shall request that the Commissioner of Agriculture, Conservation and Forestry permit the use of the brand, label or trademark in accordance with the provisions of this subchapter. Grades and standards may be established by reference to marketing orders or to federal or state laws and regulations. Grades and standards may also be established through joint rulemaking by the appropriate department and the Department of Agriculture, Conservation and Forestry.
[PL 1989, c. 670, §1 (NEW); PL 2011, c. 657, Pt. W, §§5, 6 (REV).]
2.  Marine resource products.
All marine resource products, as defined in Title 12, section 6001, except sardines, are excluded from the provisions of this subchapter except when the Commissioner of Marine Resources finds that a resource and its related industry would benefit by participation.
[PL 1989, c. 670, §1 (NEW).]
SECTION HISTORY
PL 1977, c. 694, §48 (AMD). PL 1989, c. 670, §1 (AMD). PL 2011, c. 657, Pt. W, §§5, 6 (REV).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2: GRADES AND STANDARDS FOR FARM PRODUCTS › 7 §443-A. Native produce

§443-A. Native produce
1.  Prohibition.
Farm produce sold or offered for sale within the State may not be labeled or advertised as "native," "native-grown," "locally grown" or by a similar designation, unless that product was actually grown in the State.
[PL 1995, c. 294, §1 (NEW).]
2.  Penalty.
Violation of subsection 1 is a civil violation punishable by a fine of not less than $200 nor more than $300.
[PL 1995, c. 294, §1 (NEW).]
3.  Burden of proof.
[PL 2005, c. 512, §9 (RP).]
4.  Enforcement.
This section is enforced by the Department of Agriculture, Conservation and Forestry.
[PL 1995, c. 294, §1 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]
5.  Enforcement; prima facie evidence.
The commissioner or an agent of the commissioner may request proof of the origin of farm produce for the purpose of enforcing this section. Failure to provide written documentation or other reasonable proof upon request as to the origin of the produce offered for sale is prima facie evidence that a person is in violation of this section.
[PL 2005, c. 512, §10 (NEW).]
SECTION HISTORY
PL 1979, c. 184 (NEW). PL 1979, c. 731, §19 (AMD). PL 1995, c. 294, §1 (RPR). PL 2005, c. 512, §§9,10 (AMD). PL 2011, c. 657, Pt. W, §5 (REV).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2: GRADES AND STANDARDS FOR FARM PRODUCTS › 7 §443-B. Certification trademark for Maine products

§443-B. Certification trademark for Maine products
1.  Registration of trademark.
The Commissioner of Agriculture, Food and Rural Resources shall, before December 31, 1988, apply to the United States Patent and Trademark Office for registration for a certification trademark or trademarks consisting of a seal in the form of the outline of the State, the word "Maine" and any other appropriate identifying words. Any certification trademark obtained may only be used on farm products or other natural resource products and commodities, as provided in section 443, produced within the State. Any certification trademark obtained may be registered with the State in accordance with Title 10, chapter 301-A.
[PL 1989, c. 670, §2 (AMD).]
2.  Origin of product.
For purposes of this section, the commissioner shall define, by rule, for each commodity group, the meaning of the term "produced within the State" and the minimum percent of the content of any package that must have actually been produced within the State to meet the requirements for use of any mark under this section.
The commissioner shall grant a waiver to the minimum content criteria when emergency market conditions arise which are abnormal to the historic flow of a specific commodity, with the degree of the waiver to be determined by the commissioner. The commissioner shall determine what constitutes an emergency condition.
[PL 1987, c. 844, §1 (NEW).]
3.  Quality grades and standards.
Any product bearing a certification trademark obtained under this section shall meet the official grades and standards established in accordance with section 443 for that commodity.
[PL 1989, c. 670, §2 (AMD).]
4.  Promotion.
The commissioner shall contract for services to promote the use of the proposed state trademark.
[PL 1987, c. 844, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 844, §1 (NEW). PL 1989, c. 670, §2 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2: GRADES AND STANDARDS FOR FARM PRODUCTS › 7 §444. Publicity

§444. Publicity
Upon the establishment of the grades or standards, brands, labels or trademarks, the commissioner shall give due publicity through the newspapers of the State, setting forth the grade or grades so established and the date on which such establishment is to become effective, and distribute information explaining the same and their use.
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2: GRADES AND STANDARDS FOR FARM PRODUCTS › 7 §445. Permits

§445. Permits
1.  Violation.
After notice of the establishment of grades or standards and the determination of brands, labels or trademarks, a person may not use a brand, label or trademark to identify farm products and sardines as being of a grade established before a permit is granted or after the revocation of the right to use such brand, label or trademark by the commissioner.
[PL 2003, c. 452, Pt. B, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Penalty.
The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a civil violation for which a fine of not more than $50 may be adjudged.   [PL 2003, c. 452, Pt. B, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A person who violates subsection 1 after having previously violated subsection 1 commits a civil violation for which a fine of not more than $200 may be adjudged.   [PL 2003, c. 452, Pt. B, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. B, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1977, c. 696, §57 (AMD). PL 2003, c. 452, §B1 (RPR). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2: GRADES AND STANDARDS FOR FARM PRODUCTS › 7 §446. Inspections

§446. Inspections
The commissioner or the commissioner's duly authorized agents may inspect any fruits, vegetables, poultry, eggs, farm products, livestock or other commodities that are marked, branded or labeled in accordance with official grades or standards established and adopted by the commissioner for the purpose of determining and certifying the quality and condition thereof and other material facts relative thereto. Certificates issued in pursuance of that inspection and executed by the inspector must state the date and place of inspection, the grade, condition and approximate quality of the fruits, vegetables, poultry, eggs, farm products, livestock or other commodities inspected and such other pertinent facts as the commissioner may require. Such a certificate relative to the condition or quality of the farm products is prima facie evidence in all courts of the State of the facts required to be stated in the certificate.   [PL 2003, c. 386, §1 (AMD).]
SECTION HISTORY
PL 1979, c. 672, §A17 (RPR). PL 2003, c. 386, §1 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2: GRADES AND STANDARDS FOR FARM PRODUCTS › 7 §447. Access for inspection purposes

§447. Access for inspection purposes
The commissioner, in person or by deputy, has free access at all reasonable hours to any building or other place wherein it is reasonably believed that farm products are marked, branded or labeled in accordance with official grades established and promulgated by the commissioner or are being marketed or held for commercial purposes. The commissioner has power in person or by deputy to open any bags, crates or other containers containing such farm products and examine the contents thereof and may, upon tendering the market price, take samples therefrom. Whoever obstructs or hinders the commissioner or any of the commissioner's duly qualified assistants in the performance of the commissioner's duties under this subchapter commits a civil violation for which a fine of not less than $10 nor more than $100 must be adjudged.   [RR 2021, c. 1, Pt. B, §69 (COR).]
SECTION HISTORY
PL 1977, c. 696, §58 (AMD). RR 2021, c. 1, Pt. B, §69 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2: GRADES AND STANDARDS FOR FARM PRODUCTS › 7 §448. Quality assurance

§448. Quality assurance
The commissioner shall, in conjunction with the Maine Agricultural Experiment Station, the Cooperative Extension Service and other public or private agencies, maintain a program of quality assurance by the diligent enforcement of all provisions of this Part which pertain to grading, labeling, licensing and advertising of agricultural products, and by providing direct and indirect assistance to the industry in the adoption of those new technologies and methods of production which will improve the quality of Maine agricultural products.   [PL 1983, c. 563, §4 (NEW).]
SECTION HISTORY
PL 1983, c. 563, §4 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2-A: LICENSING OF DEALERS IN AGRICULTURAL COMMODITIES › 7 §451. Purpose

§451. Purpose
The Legislature finds that agricultural production has a substantial and unique effect on the economy and way of life of the entire State. Large numbers of the people in the State are directly or indirectly dependent on agricultural production and related industries. It is of vital importance that producers be assured of payment for their production in order to assure commensurate stability in the productive capacity and economy. To a great extent the well-being of the industry is dependent upon those persons engaged in the buying and marketing of the agricultural commodities grown by others and the manner in which their services are performed. The entire manner of marketing of our agricultural production requires special consideration.   [PL 1981, c. 139 (NEW).]
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 agricultural producers and the people of the State and maintain and encourage fair and equitable practices in the purchase, handling and sale of agricultural commodities, which will, in turn, have the beneficial effect of improving the economy and well-being of the entire State.   [PL 1981, c. 139 (NEW).]
SECTION HISTORY
PL 1981, c. 139 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2-A: LICENSING OF DEALERS IN AGRICULTURAL COMMODITIES › 7 §453. Rules and regulations

§453. Rules and regulations
The commissioner may, in a manner consistent with Title 5, chapter 375, adopt rules for carrying out this subchapter and establishing a list of commodities for which a person must have a license under section 454 to act as an agent, broker, dealer or processor.   [PL 2005, c. 512, §12 (AMD).]
SECTION HISTORY
PL 1981, c. 139 (NEW). PL 2005, c. 512, §12 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 101: GENERAL PROVISIONS › Subchapter 2-A: LICENSING OF DEALERS IN AGRICULTURAL COMMODITIES › 7 §454. Licensing required

§454. Licensing required
A person may not act as agent, broker, dealer or processor unless duly licensed as provided in this subchapter. Before acting as a dealer, processor, broker or agent, a person shall file an application with the commissioner for a license to transact the business of a dealer, processor, broker or agent and the application must be accompanied by the license fee provided in this subchapter.   [PL 2005, c. 512, §13 (AMD).]
A person may not buy, solicit or negotiate the sale of any licensed commodity in this State as a representative of any agent, broker, dealer or processor unless that person has been authorized as a representative by a licensee in writing, and a copy of the authorization is filed with the commissioner, except when the person conducts business in the office of the licensee. A licensee shall notify the commissioner in writing immediately upon terminating the authorization for a person to act as that licensee's representative.   [PL 2005, c. 512, §13 (AMD).]
SECTION HISTORY
PL 1981, c. 139 (NEW). PL 2005, c. 512, §13 (AMD).