reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 601: MILK AND MILK PRODUCTS › 7 §2901-C. Licenses and permits

§2901-C. Licenses and permits
A person required to obtain a permit or license under this section, section 2902-A or rules adopted under section 2910 or pursuant to former section 2902 may not sell, transport or transfer milk or milk products prior to obtaining the appropriate license or permit.   [PL 1999, c. 679, Pt. A, §5 (NEW).]
1.  Milk distributor license.
A milk distributor shall obtain a license from the commissioner and shall renew that license annually. The license fee is based on the annual volume of milk or milk products sold or distributed in the State. The annual fee may not be lower than $25 or exceed $300. The commissioner shall deposit all money received from milk distributor license fees into the General Fund.
[PL 1999, c. 679, Pt. A, §5 (NEW).]
2.  Bulk milk hauler and sampler permit.
A bulk milk hauler and sampler who is based in this State shall obtain a permit from the commissioner and shall renew that permit annually. For the purposes of this section, "based in this State" means a bulk milk hauler and sampler who does not have a permit from another state to sample raw milk or raw milk products.
[PL 1999, c. 679, Pt. A, §5 (NEW).]
3.  Receiving station permit.
A person who owns or operates a receiving station shall obtain a permit for that receiving station from the commissioner and shall renew that permit annually.
[PL 1999, c. 679, Pt. A, §5 (NEW).]
4.  Transfer station permit.
A person who owns or operates a transfer station shall obtain a permit for that transfer station from the commissioner and shall renew that permit annually.
[PL 1999, c. 679, Pt. A, §5 (NEW).]
5.  Milk transportation company permit.
A person who owns or operates a milk transportation company shall obtain a permit for the transportation company from the commissioner and shall renew that permit annually.
[PL 1999, c. 679, Pt. A, §5 (NEW).]
SECTION HISTORY
PL 1999, c. 679, §A5 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 601: MILK AND MILK PRODUCTS › 7 §2902. Licensing fees (REPEALED)

§2902. Licensing fees
(REPEALED)
SECTION HISTORY
PL 1971, c. 164, §13 (AMD). PL 1977, c. 694, §§137,138 (AMD). PL 1979, c. 672, §§A34-36 (AMD). PL 1981, c. 315, §§7-9 (AMD). PL 1981, c. 574, §1 (AMD). PL 1985, c. 751, §§1-3 (AMD). PL 1989, c. 888, §§3,4 (AMD). PL 1999, c. 362, §8 (RPR). PL 1999, c. 679, §A6 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 601: MILK AND MILK PRODUCTS › 7 §2902-A. Operating permits

§2902-A. Operating permits
1.  Sale prohibited.
Following the adoption of and in accordance with rules established according to this section, no operator of a dairy farm may sell any milk to a milk distributor unless the operator holds a valid operating permit for the farm issued by the commissioner.
[PL 1999, c. 679, Pt. A, §7 (AMD).]
2.  Issuance of operating permits.
The commissioner, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, shall adopt rules for the issuance of operating permits. These rules must establish permitting procedures and standards for permit issuance. In establishing these procedures and standards, the commissioner shall seek consistency with applicable federal milk regulations and guidelines and with the provisions of agreements among states relating to the interstate shipment of milk. These permits are not transferable with respect to persons or locations or both.
[PL 1999, c. 679, Pt. A, §7 (AMD).]
3.  Permit granted; requirements; suspension.
A permit must be granted upon the express condition that the permittee at all times conducts the operation and maintains the facilities in accordance with the requirements of state law and any rules adopted under this chapter. Any violation that results in a health or safety hazard may lead to suspension of a permit in accordance with Title 5, section 10004 for a period of up to 30 days. A suspension or revocation of a permit for longer than 30 days, or a refusal to renew a permit, must be in accordance with Title 5, chapter 375, subchapter 5.
[PL 2017, c. 475, Pt. A, §7 (AMD).]
4.  Hearing on suspension of permit.
Upon receiving a written request from a person whose permit has been suspended, or who has been given a notice of intent to suspend by the commissioner, the commissioner shall within 72 hours conduct a hearing to ascertain the facts involved in the case and, based upon the evidence presented at that hearing, shall affirm, modify or rescind the suspension or notification of intent to suspend.
[PL 1987, c. 700, §2 (NEW).]
5.  Exemption.
An operator of a dairy farm located outside this State who holds a similar operating permit for that farm from a regulatory agency in another state may be exempted from this permit requirement by the commissioner.
[PL 1999, c. 679, Pt. A, §7 (AMD).]
SECTION HISTORY
PL 1987, c. 700, §2 (NEW). RR 1999, c. 1, §4 (COR). PL 1999, c. 679, §A7 (AMD). PL 2017, c. 475, Pt. A, §7 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 601: MILK AND MILK PRODUCTS › 7 §2902-B. Sale of unpasteurized milk and milk products

§2902-B. Sale of unpasteurized milk and milk products
1.  Sale of unpasteurized milk or milk product.
A person may not sell unpasteurized milk or a product made from unpasteurized milk, including heat-treated cheese, unless the label on that product contains the words "not pasteurized."
[PL 2005, c. 270, §3 (AMD).]
2.  Sale of unpasteurized milk or milk product at eating establishment.
Except as provided in subsection 5, a person may not sell unpasteurized milk or a product made from unpasteurized milk at an eating establishment as defined in Title 22, section 2491, subsection 7.
[PL 2009, c. 652, Pt. B, §1 (AMD).]
3.  Exception.
This section does not apply to cheese that has been aged at a temperature above 35 degrees Fahrenheit for at least 60 days prior to sale.
[PL 2005, c. 270, §3 (AMD).]
4.  Testing of unpasteurized milk products.
The commissioner shall establish a process by rule for submitting samples of unpasteurized milk products to an independent laboratory for testing when:
A. The milk laboratory operated by the department has tested unpasteurized milk products and determined that they do not meet the standards for unpasteurized milk products established by rules adopted pursuant to section 2910; and   [PL 2005, c. 172, §1 (NEW).]
B. The person operating the milk plant that processed the milk products has requested independent testing.   [PL 2005, c. 172, §1 (NEW).]
The commissioner may require the person requesting the independent testing under paragraph B to pay for that testing. Any restrictions on the sale of unpasteurized milk products pending test results and after receipt of test results must be established by rule. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. For the purposes of this subsection, "independent laboratory" means a laboratory that is operated by a private entity or a public entity other than the department.
[PL 2005, c. 172, §1 (NEW).]
4.  (REALLOCATED TO T. 7, §2902-B, sub-§5) Sale of heat-treated cheese at eating establishment.
[PL 2005, c. 270, §3 (NEW); PL 2005, c. 683, Pt. A, §12 (RAL).]
5.  (REALLOCATED FROM T. 7, §2902-B, sub-§4) Sale of heat-treated cheese at eating establishment.
Notwithstanding subsection 2, heat-treated cheese may be offered for consumption at an eating establishment as defined in Title 22, section 2491, subsection 7 provided the menu identifies items on the menu that contain or are made with heat-treated cheese and provides notice that heat-treated cheese is not pasteurized using the words "not pasteurized" on the menu.
[PL 2005, c. 683, Pt. A, §12 (RAL).]
SECTION HISTORY
PL 1999, c. 418, §2 (NEW). PL 2003, c. 452, §B18 (RPR). PL 2003, c. 452, §X2 (AFF). PL 2005, c. 172, §1 (AMD). PL 2005, c. 270, §3 (AMD). PL 2005, c. 683, §A12 (AMD). PL 2009, c. 652, Pt. B, §1 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 601: MILK AND MILK PRODUCTS › 7 §2903. Restrictions on sales (REPEALED)

§2903. Restrictions on sales
(REPEALED)
SECTION HISTORY
PL 1971, c. 99, §2 (AMD). PL 1971, c. 164, §§14-16 (AMD). PL 1979, c. 672, §§A37,38 (AMD). PL 1981, c. 315, §§10,11 (AMD). PL 1983, c. 348, §§1,2 (AMD). PL 1985, c. 32 (AMD). PL 1999, c. 362, §9 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 601: MILK AND MILK PRODUCTS › 7 §2903-A. Refusal to purchase

§2903-A. Refusal to purchase
1.  Notice of refusal.
A milk plant owner or operator who has a verbal or written contract with a milk producer for the purchase of milk may not refuse to continue to purchase milk under the contract without first giving notice to the producer in accordance with this section. The milk plant owner or operator shall give written notice of intent to refuse to purchase to the producer and to the commissioner. The notice must state the date upon which the refusal will become effective.
A. Except as provided in paragraph B, the refusal does not become effective until 30 days following the milk plant owner or operator's notice of intent to refuse to purchase milk from the producer.   [PL 1999, c. 679, Pt. A, §8 (AMD).]
B. If a milk plant owner or operator's refusal to continue to purchase milk is based on failure of the producer's milk to meet the milk plant owner or operator's quality criteria or the Interstate Milk Shipments Conference Standards, whichever is applicable, the refusal may become effective on less than 30 days' notice. Upon issuance of notice of intent to refuse purchase because of failure to meet the criteria or standards, the milk plant owner or operator shall cause a sample of the refused milk to be taken immediately and transferred to the commissioner for testing in the state central laboratory. Upon receipt of the test results that the sample does not meet the milk plant owner or operator's quality criteria or the Interstate Milk Shipments Conference Standards, whichever is applicable, refusal to continue to purchase becomes effective immediately. Notice must be given to the producer by the milk plant owner or operator immediately upon the milk plant owner or operator's receipt of the test results. The state central laboratory shall mail the results of the test to the milk plant owner or operator and milk producer.   [PL 1999, c. 679, Pt. A, §8 (AMD).]
[PL 1999, c. 679, Pt. A, §8 (AMD).]
2.  Challenge of refusal; adjudicatory hearing.
If the producer or the milk plant owner or operator desires to question the refusal to purchase or the test given under subsection 1, paragraph B, either may do so within 10 days after receipt of the notice from the milk plant owner or operator of the test results by requesting, in writing, that the commissioner conduct an adjudicatory hearing pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375. If a request for hearing is made by the milk plant owner or operator, refusal to purchase does not become effective until the hearing is held and a decision upholding the milk plant owner or operator's refusal has been issued by the commissioner. The decision of the commissioner as to the reasonableness of the milk plant owner or operator's refusal to purchase is considered final agency action for purposes of the Maine Administrative Procedure Act.
[PL 1999, c. 679, Pt. A, §8 (AMD).]
SECTION HISTORY
PL 1981, c. 574, §2 (NEW). PL 1999, c. 679, §A8 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 601: MILK AND MILK PRODUCTS › 7 §2903-B. Testing of samples for resolving disputed test results

§2903-B. Testing of samples for resolving disputed test results
The commissioner shall develop a process for obtaining and testing a sample of milk when a milk producer disputes the result of a test or a component analysis performed by an employee of a milk plant that is used to determine acceptance of milk by the milk plant or payment to the milk producer.   [PL 1999, c. 618, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 618, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 601: MILK AND MILK PRODUCTS › 7 §2904. Rules and regulations (REPEALED)

§2904. Rules and regulations
(REPEALED)
SECTION HISTORY
PL 1969, c. 41, §2 (AMD). PL 1977, c. 694, §139 (AMD). PL 1999, c. 362, §10 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 601: MILK AND MILK PRODUCTS › 7 §2904-A. Farm cheese (REPEALED)

§2904-A. Farm cheese
(REPEALED)
SECTION HISTORY
PL 1997, c. 639, §2 (NEW). PL 1999, c. 418, §3 (AMD). PL 2005, c. 270, §4 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 601: MILK AND MILK PRODUCTS › 7 §2906. Civil suits

§2906. Civil suits
The district attorney for the county in which any violation of sections 2901‑A to 2903‑B has occurred shall, if requested, assist the commissioner in suits arising under those sections.   [PL 2005, c. 270, §5 (AMD).]
SECTION HISTORY
PL 1977, c. 696, §98 (RPR). PL 1999, c. 362, §12 (AMD). PL 1999, c. 679, §A9 (AMD). PL 2005, c. 270, §5 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 601: MILK AND MILK PRODUCTS › 7 §2907. Jurisdiction

§2907. Jurisdiction
The District Court and the Superior Court have concurrent jurisdiction in cases arising under sections 2901‑A to 2903‑B.   [PL 2005, c. 270, §6 (AMD).]
SECTION HISTORY
PL 1999, c. 362, §13 (AMD). PL 1999, c. 679, §A10 (AMD). PL 2005, c. 270, §6 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 601: MILK AND MILK PRODUCTS › 7 §2908. Violations (REPEALED)

§2908. Violations
(REPEALED)
SECTION HISTORY
PL 1969, c. 41, §3 (AMD). PL 1977, c. 696, §99 (RPR). PL 1985, c. 751, §4 (AMD). PL 1991, c. 725, §1 (AMD). PL 1999, c. 362, §14 (AMD). PL 1999, c. 679, §A11 (AMD). PL 2003, c. 452, §B19 (RP). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 601: MILK AND MILK PRODUCTS › 7 §2908-A. Violations

§2908-A. Violations
1.  Violation.
A firm, person, corporation or society may not sell milk or milk products in the State without the license or permits provided in sections 2901‑C and 2902‑A, violate sections 2901‑A to 2903‑B or neglect, fail or refuse to comply with those sections and the rules, regulations and standards of identity and quality issued pursuant to section 2910.
[PL 2005, c. 270, §7 (AMD).]
2.  Penalty.
The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a civil violation for which a fine of not less than $250 and not more than $500 may be adjudged.   [PL 2003, c. 452, Pt. B, §20 (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 less than $500 and not more than $1,000 may be adjudged.   [PL 2003, c. 452, Pt. B, §20 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. B, §20 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 2003, c. 452, §B20 (NEW). PL 2003, c. 452, §X2 (AFF). PL 2005, c. 270, §7 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 601: MILK AND MILK PRODUCTS › 7 §2909. Inspection

§2909. Inspection
The commissioner, or a duly authorized agent of the commissioner, may perform inspections as authorized by written consents obtained pursuant to section 2901-B.   [PL 1993, c. 663, §2 (NEW).]
SECTION HISTORY
PL 1993, c. 663, §2 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 601: MILK AND MILK PRODUCTS › 7 §2910. Standards for milk and milk products

§2910. Standards for milk and milk products
The commissioner, in a manner consistent with the Maine Administrative Procedure Act, shall establish standards by rule for the inspection and examination, licensing, permitting, testing, labeling and sanitation of milk and milk product production and distribution.   [PL 1999, c. 362, §15 (NEW).]
The standards must be consistent with the requirements of the official standards, known as the Pasteurized Milk Ordinance, as issued by the Secretary of the United States Department of Health and Human Services, Food and Drug Administration, except that the standards may not prohibit the sale of unpasteurized milk and milk products in the State.   [PL 1999, c. 362, §15 (NEW).]
Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A, except that amendments to the rules to maintain consistency with the official standards known as the Pasteurized Milk Ordinance, as issued by the Secretary of the United States Department of Health and Human Services, Food and Drug Administration, are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. Amendments to the rules may not prohibit the sale of unpasteurized milk or milk products in the State.   [PL 1999, c. 679, Pt. A, §12 (AMD).]
SECTION HISTORY
PL 1999, c. 362, §15 (NEW). PL 1999, c. 679, §A12 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 601: MILK AND MILK PRODUCTS › 7 §2910-A. Injunctions by commissioner

§2910-A. Injunctions by commissioner
In addition to any other remedy for the enforcement of sections 2901‑C to 2903‑B or a rule, order or decision by the commissioner adopted or issued pursuant to this chapter, the commissioner is authorized to apply to the Superior Court for a preliminary or permanent injunction restraining any person from violating any provision of sections 2901‑C to 2903‑B or any rule, order or decision of the commissioner adopted or issued pursuant to this chapter. The Superior Court has jurisdiction upon hearing and for good cause shown to grant a preliminary or permanent injunction. In case of violation of an injunction issued under this section, the court may cite the person for contempt of court. The existence of either civil or criminal remedies is not a defense in this proceeding. The commissioner is not required to give or post a bond when making an application for an injunction under this section.   [PL 2005, c. 270, §8 (AMD).]
SECTION HISTORY
PL 1999, c. 679, §A13 (NEW). PL 2005, c. 270, §8 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 601: MILK AND MILK PRODUCTS › 7 §2910-B. Dairy Improvement Fund

§2910-B. Dairy Improvement Fund
The commissioner shall administer the Dairy Improvement Fund established under Title 10, section 1023‑P in accordance with this section and Title 10, section 1023‑P. All money received by the fund from any source, including revenue distributed under Title 8, section 1036, subsection 2‑A, paragraph M, must be deposited with the Finance Authority of Maine and credited to the fund. Money credited to the fund must be used to provide loans to assist dairy farmers in making capital improvements to maintain and enhance the viability of their farms and to pay the administrative costs of processing loan applications and servicing and administering the fund and loans made from the fund. Repayment of these loans and interest on the loans must be credited to the fund to be available for the same purposes.   [PL 2011, c. 625, §1 (NEW).]
The commissioner shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2011, c. 625, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 625, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 602: BONDING LAW › 7 §2911. Title (REPEALED)

§2911. Title
(REPEALED)
SECTION HISTORY
PL 1969, c. 296 (NEW). PL 1971, c. 544, §19 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 602: BONDING LAW › 7 §2912. Enforcing official (REPEALED)

§2912. Enforcing official
(REPEALED)
SECTION HISTORY
PL 1969, c. 296 (NEW). PL 1971, c. 544, §19 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 602: BONDING LAW › 7 §2913. Definitions (REPEALED)

§2913. Definitions
(REPEALED)
SECTION HISTORY
PL 1969, c. 296 (NEW). PL 1971, c. 544, §19 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 602: BONDING LAW › 7 §2914. Dealers required to be licensed (REPEALED)

§2914. Dealers required to be licensed
(REPEALED)
SECTION HISTORY
PL 1969, c. 296 (NEW). PL 1971, c. 544, §19 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 602: BONDING LAW › 7 §2915. License applications (REPEALED)

§2915. License applications
(REPEALED)
SECTION HISTORY
PL 1969, c. 296 (NEW). PL 1971, c. 544, §19 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 602: BONDING LAW › 7 §2916. Bonds required as prerequisite to license (REPEALED)

§2916. Bonds required as prerequisite to license
(REPEALED)
SECTION HISTORY
PL 1969, c. 296 (NEW). PL 1971, c. 544, §19 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 602: BONDING LAW › 7 §2917. Amount of bond (REPEALED)

§2917. Amount of bond
(REPEALED)
SECTION HISTORY
PL 1969, c. 296 (NEW). PL 1971, c. 544, §19 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 602: BONDING LAW › 7 §2918. Issuance of license; additional requirements (REPEALED)

§2918. Issuance of license; additional requirements
(REPEALED)
SECTION HISTORY
PL 1969, c. 296 (NEW). PL 1971, c. 544, §19 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 602: BONDING LAW › 7 §2919. Payments to producers for products (REPEALED)

§2919. Payments to producers for products
(REPEALED)
SECTION HISTORY
PL 1969, c. 296 (NEW). PL 1971, c. 544, §19 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 602: BONDING LAW › 7 §2920. Nonpayment; forfeiture of bond (REPEALED)

§2920. Nonpayment; forfeiture of bond
(REPEALED)
SECTION HISTORY
PL 1969, c. 296 (NEW). PL 1971, c. 544, §19 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 602: BONDING LAW › 7 §2921. Proceedings for recovery on bond (REPEALED)

§2921. Proceedings for recovery on bond
(REPEALED)
SECTION HISTORY
PL 1969, c. 296 (NEW). PL 1971, c. 544, §19 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 602: BONDING LAW › 7 §2922. Penalty (REPEALED)

§2922. Penalty
(REPEALED)
SECTION HISTORY
PL 1969, c. 296 (NEW). PL 1971, c. 544, §19 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 602: BONDING LAW › 7 §2923. Powers of commissioner (REPEALED)

§2923. Powers of commissioner
(REPEALED)
SECTION HISTORY
PL 1969, c. 296 (NEW). PL 1971, c. 544, §19 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603: MILK COMMISSION › 7 §2953. Powers and duties (REPEALED)

§2953. Powers and duties
(REPEALED)
SECTION HISTORY
PL 1975, c. 517, §2 (RPR). PL 1989, c. 123 (AMD). PL 2003, c. 648, §1 (AMD). PL 2005, c. 382, §F5 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603: MILK COMMISSION › 7 §2953-B. Hearings in a new or expanded market area

§2953-B. Hearings in a new or expanded market area
At least 14 days and not more than 21 days prior to designating a new or expanded natural market area, the commission shall hold a public hearing in the proposed area to determine whether to designate that area as a market. As a basis for its determinations, the commission shall solicit and seek to receive oral and written testimony in addition to the data received through the implementation of the information gathering procedures of its rules and regulations. Due notice of the public hearing shall be given by publishing the notice as provided in the Maine Administrative Procedure Act, Title 5, chapter 375.   [PL 1979, c. 672, Pt. A, §39 (NEW).]
SECTION HISTORY
PL 1979, c. 672, §A39 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603: MILK COMMISSION › 7 §2954-A. Payment by dealers to producers

§2954-A. Payment by dealers to producers
Payment by dealers to producers is governed by this section. For purposes of this section, the term "delivery month" means the calendar month in which milk is delivered to a dealer from the producer.   [PL 2005, c. 382, Pt. F, §16 (NEW).]
1.  First 15 days.
On or before the 5th day after the end of a delivery month, a dealer shall pay the producer for milk received from that producer during the first 15 days of the delivery month at a rate that is not less than the most recently published northeast marketing area milk marketing order statistical uniform price for Penobscot County.
[PL 2005, c. 382, Pt. F, §16 (AMD).]
2.  Balance due.
A dealer shall pay the producer for the balance due for milk received during that delivery month as follows.
A. On or before the 20th day after the end of the delivery month, the dealer shall pay the producer for milk received from that producer during the delivery month an initial payment calculated using the minimum prices set by the commission pursuant to section 2954, subsection 2, paragraph A minus:
(1) Any portion of that amount deposited in the Maine Milk Pool or deducted pursuant to section 3153, subsection 2; and
(2) The amount of the payment made to the producer under subsection 1.   [PL 2005, c. 382, Pt. F, §16 (AMD).]
B. On or before the 5th day after the end of the month in which the payments required by subsection 1 and paragraph A are made, each dealer shall pay each of the dealer's producers any sums received on behalf of the producers pursuant to section 3153, subsection 4 and Maine Milk Pool rules.   [PL 2005, c. 382, Pt. F, §16 (AMD).]
[PL 2005, c. 382, Pt. F, §16 (AMD).]
3.  Penalties.
The license of any dealer who violates this section may be suspended or revoked in accordance with Title 5, chapter 375.
[PL 1985, c. 172 (NEW).]
SECTION HISTORY
PL 1965, c. 449 (NEW). PL 1985, c. 172 (RPR). PL 1987, c. 447, §2 (AMD). PL 1999, c. 679, §B4 (AMD). PL 1999, c. 679, §B14 (AFF). PL 2005, c. 382, §F16 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603: MILK COMMISSION › 7 §2954-C. Applicability to integrated operation

§2954-C. Applicability to integrated operation
The provisions of this chapter which apply to dealers, including, but not limited to, the provisions of section 2956, shall apply to the dealer phase of the business of an integrated operation and those which apply to retail stores shall apply to the retail phase of the business of an integrated operation.   [PL 1985, c. 717, §3 (NEW).]
SECTION HISTORY
PL 1985, c. 717, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603: MILK COMMISSION › 7 §2955. Licenses

§2955. Licenses
A dealer may not buy milk from producers or others for sale or process, distribute, sell or offer to sell milk in any market in the State designated by the commission unless duly licensed by the commission. A license may not be required of any person who produces or sells milk for consumption only on the premises of the producer or seller. Each person, before engaging in the business of a dealer in any market designated by the commission, shall make application to the commission for a license, which the commission is authorized to grant. A retailer may not sell or offer to sell milk in any market in the State that the retailer has purchased in Maine from an unlicensed dealer.   [RR 2021, c. 1, Pt. B, §143 (COR).]
The license year shall commence on January 1st and end December 31st following. Application for a license shall be made on a form prescribed by the commission.
Licenses required by this chapter shall be in addition to any other license required by law.
The District Court as designated by Title 4, chapter 5 may, upon proper evidence, decline to grant a license or may suspend or revoke a license already granted upon due notice and after hearing. Violation of this chapter or of any order, rule or regulation made, or conviction of violating any other law or regulation of the State relating to the production, distribution and sale of milk, is sufficient cause to suspend, revoke or withhold such license.   [PL 1999, c. 547, Pt. B, §21 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
Upon revocation or suspension of a license it shall not be reissued until the commission shall determine upon application and hearing that the cause for such revocation or suspension no longer exists, and that the applicant is otherwise qualified.
SECTION HISTORY
PL 1973, c. 303, §3 (AMD). PL 1975, c. 517, §4 (AMD). PL 1977, c. 694, §141 (AMD). PL 1999, c. 547, §B21 (AMD). PL 1999, c. 547, §B80 (AFF). RR 2021, c. 1, Pt. B, §143 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603: MILK COMMISSION › 7 §2956-A. Dairy Industry Fund

§2956-A. Dairy Industry Fund
1.  Fund established; source.
The Dairy Industry Fund, referred to in this section as the "fund," is established. In addition to payments to the commission pursuant to section 2956, a dealer shall deduct 1¢ per hundredweight from amounts paid by the dealer to each Maine milk producer and pay that amount into the fund as a monthly payment.
[PL 2001, c. 8, §1 (NEW).]
2.  Distributions from fund.
Notwithstanding section 2957, the commission shall make distributions from the fund to a statewide association that has been approved by the majority of dairy farmers in the State in amounts allocated from the fund for that purpose.
[PL 2001, c. 8, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 8, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603: MILK COMMISSION › 7 §2957. Expenditure of funds

§2957. Expenditure of funds
Moneys received through this chapter shall be paid forthwith to the Treasurer of State and shall be appropriated and used for the following purposes:
1.  Collection.
For the collection of all fees and assessments provided for by this chapter;
2.  Administration.
For the cost of administering this chapter.
Moneys received through this chapter shall remain a continuing carrying account and shall not lapse.
SECTION HISTORY
PL 1969, c. 214, §2 (AMD). PL 1971, c. 594, §13 (AMD). PL 1975, c. 444, §4 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603: MILK COMMISSION › 7 §2959. Injunctions and civil penalties

§2959. Injunctions and civil penalties
1.  Injunction.
In addition to any other remedy set forth in this chapter for the enforcement of this chapter or any rule, order or decision of the commission, the Superior Court has jurisdiction upon complaint filed by the commission, or any person duly authorized to act for the commission, including, but not limited to, its executive secretary, to restrain or enjoin any person from committing any act prohibited by this chapter or prohibited by any rule, order or decision of the commission. If it is established upon hearing that the person charged has been or is committing any unlawful act under this chapter or is in violation of any rule, order or decision of the commission, the court shall enter a decree enjoining that person from committing further such violations. In case of violation of any injunction issued under this section, the court shall summarily try and punish the person for contempt of court. The existence of other civil or criminal remedies is no defense to this proceeding. The commission or its authorized agent may not be required to give or post a bond when making an application for an injunction under this section.
[PL 2005, c. 382, Pt. F, §19 (AMD).]
2.  Civil penalties.
Any person who violates any provision of this chapter or of any rule, order or decision of the commission shall be subject to the following civil penalties, to be collected by the commission in a civil action:
A. For the first violation, a civil penalty not to exceed $1,000; and   [PL 1985, c. 717, §4 (NEW).]
B. For each subsequent violation, a civil penalty not to exceed $2,000.   [PL 1985, c. 717, §4 (NEW).]
All penalties collected by the commission shall be paid to the Treasurer of State for deposit to the General Fund.
[PL 1985, c. 717, §4 (NEW).]
SECTION HISTORY
PL 1985, c. 717, §4 (RPR). PL 2005, c. 382, §F19 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603: MILK COMMISSION › 7 §2960. Penalties (REPEALED)

§2960. Penalties
(REPEALED)
SECTION HISTORY
PL 1977, c. 696, §100 (RPR). PL 1985, c. 717, §5 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603: MILK COMMISSION › 7 §2961. Temporary minimum prices to be paid to dealers and retailers for the sale of milk (REPEALED)

§2961. Temporary minimum prices to be paid to dealers and retailers for the sale of milk
(REPEALED)
SECTION HISTORY
PL 1981, c. 481, §2 (NEW). RR 1997, c. 2, §29 (COR). PL 2005, c. 382, §F20 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603: MILK COMMISSION › 7 §2962. Administrative enforcement

§2962. Administrative enforcement
When the commission, after such investigation as it considers appropriate, believes that a violation of this chapter or of any rule, order or decision of the commission has occurred, it may order any person to cease that violation. Before issuing such an order, the commission shall afford any person who would be aggrieved by the order an opportunity for a hearing. In any such investigation or hearing, the commission may exercise all of the powers given to it by section 2952-A. Any person aggrieved by a final order issued under this section may obtain judicial review of the order in Superior Court by filing a petition in accordance with Title 5, section 11001 and the Maine Rules of Civil Procedure, Rule 80C. In responding to such a petition, the commission may seek enforcement of its order, including civil penalties for any violation found, and the court, if it upholds the order, may order its enforcement, including civil penalties.   [PL 2005, c. 382, Pt. F, §21 (AMD).]
Nothing in this section is intended to require that the commission take administrative enforcement action prior to seeking judicial relief for any violation of this chapter or of any rule, order or decision of the commission, nor intended to limit the commission's ability to bring an independent action to enforce any decision or order issued by it, including civil penalties for any violation found by it.   [PL 1985, c. 717, §6 (NEW).]
SECTION HISTORY
PL 1985, c. 717, §6 (NEW). PL 2005, c. 382, §F21 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603: MILK COMMISSION › 7 §2963. Transportation allowance study

§2963. Transportation allowance study
The Legislature finds that historically the commission has allowed a deduction in the price paid to producers for Class II milk sold by Maine dealers to federally regulated plants. This transportation allowance has remained constant while the ability to transport milk and the shipping and sales practices of dealers have changed. In order to further understanding of the transportation allowance the commission shall:   [PL 1989, c. 438 (NEW).]
1.  Original intent.
Examine the original intent of the transportation allowance;
[PL 1989, c. 438 (NEW).]
2.  Current practice.
Determine whether the transportation allowance is being applied in situations other than those originally intended;
[PL 1989, c. 438 (NEW).]
3.  Finding.
Determine whether the transportation allowance should be applied to transfers of milk that are ordinary business practice or are recurring transactions;
[PL 1989, c. 438 (NEW).]
4.  Adopt rules.
In accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, adopt any necessary rules which the commission determines, after hearing, are not inconsistent with the original intent, and current use of the transportation allowance; and
[PL 1989, c. 438 (NEW).]
5.  Report.
Report its findings, any actions taken by the commission and any recommendations for legislation by March 1, 1990, to the joint standing committee of the Legislature having jurisdiction over agricultural matters. The committee may introduce any legislation necessary to address the findings or actions of the commission.
[PL 1989, c. 438 (NEW).]
SECTION HISTORY
PL 1989, c. 438 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603: MILK COMMISSION › 7 §2964. Donations of fresh milk to food banks

§2964. Donations of fresh milk to food banks
The minimum price provisions of this chapter do not apply to donations of fresh milk produced and processed within the State by a dealer or producer-dealer to an incorporated nonprofit organization within the State established for the purpose of reducing hunger and increasing food security. Donations under this section may occur only if the fresh milk produced and processed within the State to be donated does not have a wholesale or retail market that will provide a higher monetary value to the dealer or producer-dealer.   [PL 2019, c. 357, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 357, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603-A: DESTRUCTIVE COMPETITION › 7 §2981. Definitions

§2981. Definitions
Unless the context otherwise indicates, the definitions contained in section 2951 shall apply to this chapter.   [PL 1983, c. 484, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 484, §2 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603-A: DESTRUCTIVE COMPETITION › 7 §2982. Applicability; authority

§2982. Applicability; authority
Dealers shall observe this chapter only when no applicable minimum dealer price for milk established under chapter 603 is in effect. Retail stores shall observe this chapter only when no applicable minimum retail price or minimum retail margin for milk established under chapter 603 is in effect. This chapter shall be administered by the Maine Milk Commission.   [PL 1983, c. 484, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 484, §2 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603-A: DESTRUCTIVE COMPETITION › 7 §2983. Selling below cost

§2983. Selling below cost
It is unlawful for any dealer or retail store to sell milk for fluid consumption at less than the cost thereof to the dealer or retail store with the purpose or intent to injure competitors or destroy competition. In all proceedings brought to enforce this section, proof of consistent and repeated advertisements, offers to sell or sales of milk for fluid consumption by any dealer or retail store at less than cost to them, as defined in sections 2984 and 2985, the advertisements, offers to sell and sales thereby forming a pattern of sales below cost, shall be prima facie evidence of intent to injure competitors and destroy competition. This section shall not apply where the price of milk for fluid consumption is set in good faith to meet legal competition.   [PL 1983, c. 484, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 484, §2 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603-A: DESTRUCTIVE COMPETITION › 7 §2984. Cost of milk to a dealer

§2984. Cost of milk to a dealer
"Cost of milk to a dealer" means the dealer's raw product cost, plus any shrinkage allowance permitted by the commission, to which shall be added the dealer's expenses directly and indirectly incurred in receiving, processing, packaging and delivering milk. Without limitation, these expenses shall include labor, including salaries and bonuses of executives and officers, rent, depreciation, selling costs, maintenance of equipment, utilities, delivery costs, interest, licenses, taxes, insurance, advertising, professional services and all other fixed and variable expenses. The commission may determine the dealer's expenses directly and indirectly incurred in receiving, processing, packaging and delivering fluid milk by either of the following methods:   [PL 1983, c. 484, §2 (NEW).]
1.  Cost accounting data.
Through reliance upon cost accounting data, relating to the dealer, gathered or received by the commission pursuant to section 2952‑A or 2986 for any 3-month period within one year preceding and one year following the date of an alleged violation, unless the dealer proves that changed circumstances render any cost accounting data relied upon by the commission incapable of proving that the violation occurred; or
[PL 2005, c. 382, Pt. F, §22 (AMD).]
2.  Expenses; percentage of dealer price.
By imputing an amount to cover these expenses which, unless the dealer proves lower actual costs, shall be deemed to be the percentage of the total dealer price of the milk as the commission shall by rule establish in conjunction with any milk pricing orders which change base dealer margins.
[PL 1983, c. 484, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 484, §2 (NEW). PL 2005, c. 382, §F22 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603-A: DESTRUCTIVE COMPETITION › 7 §2985. Cost of milk to a retail store

§2985. Cost of milk to a retail store
"Cost of milk to a retail store" means the price paid by a retail store to a dealer for fluid milk, to which shall be added the retail store's expenses directly and indirectly incurred in shipping, handling and selling fluid milk. Without limitation, these expenses shall include labor, including salaries and bonuses of executives and officers, rent, depreciation, selling costs, maintenance of equipment, utilities, shipping costs, interest, licenses, taxes, insurance, advertising, professional services and all other fixed and variable expenses. The commission may determine the retail store's expenses directly and indirectly incurred in shipping, handling and selling milk by any of the following methods:   [PL 1983, c. 484, §2 (NEW).]
1.  Cost accounting data.
Through reliance upon cost accounting data, relating to the retailer, gathered or received by the commission pursuant to section 2952‑A or 2986 for any 3-month period within one year preceding and one year following the date of an alleged violation, unless the retail store proves that changed circumstances render the cost accounting data relied upon by the commission incapable of proving that the violation occurred;
[PL 2005, c. 382, Pt. F, §23 (AMD).]
2.  Expenses; percentage of total retail price.
By imputing an amount to cover these expenses which, unless the retail store proves lower actual costs, shall be deemed to be the percentage of the total retail price of the milk as the commission shall by rule establish in conjunction with any milk pricing orders which change retail margins; or
[PL 1983, c. 484, §2 (NEW).]
3.  Other expenses.
By imputing an amount to cover these expenses which, unless the retail store proves lower actual costs, shall be determined by dividing total store expenses by total store sales and multiplying the percentage obtained by the total retail price of the milk.
[PL 1983, c. 484, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 484, §2 (NEW). PL 2005, c. 382, §F23 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603-A: DESTRUCTIVE COMPETITION › 7 §2986. Investigations; hearings; inspections

§2986. Investigations; hearings; inspections
1.  Investigatory powers.
To aid the commission in determining if a dealer or retail store is selling fluid milk below cost, the commission may:
A. Conduct investigations and hearings;   [PL 2005, c. 382, Pt. F, §24 (NEW).]
B. Subpoena and examine under oath persons possessing relevant information, including, but not limited to, dealers and retail stores and their officers, agents and representatives;   [PL 2005, c. 382, Pt. F, §24 (NEW).]
C. Subpoena and examine the business records, books and accounts of dealers, retail stores or other persons who possess relevant business records, books or accounts; and   [PL 2005, c. 382, Pt. F, §24 (NEW).]
D. Inspect at reasonable times the business records, books and accounts of a dealer or retail store at the dealer's or store's office or place of business.   [PL 2005, c. 382, Pt. F, §24 (NEW).]
[PL 2005, c. 382, Pt. F, §24 (NEW).]
2.  Oaths and subpoenas.
Any member of the commission or any employee designated by the commission may sign subpoenas and administer oaths to witnesses.
[PL 2005, c. 382, Pt. F, §24 (NEW).]
SECTION HISTORY
PL 1983, c. 484, §2 (NEW). PL 2005, c. 382, §F24 (RPR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603-A: DESTRUCTIVE COMPETITION › 7 §2987. Rules

§2987. Rules
The commission may adopt all rules establishing or relating to hearing procedures, cost accounting and the collection of information as may be necessary to carry out this chapter.   [PL 1983, c. 484, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 484, §2 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 7: MILK AND MILK PRODUCTS › Chapter 603-A: DESTRUCTIVE COMPETITION › 7 §2988. Civil action by injured person

§2988. Civil action by injured person
1.  Injunctive relief; damages and costs.
Any person damaged or who is threatened with loss or injury by reason of a violation of section 2983 may bring a civil action in the Superior Court in the county where the person resides, to prevent, restrain or enjoin the violation or threatened violation. If in that action a violation or threatened violation of section 2983 is established, the court may enjoin and restrain or otherwise prohibit the violation or threatened violation. In that action it is not necessary that actual damages to the plaintiff be alleged or proved. In addition to the injunctive relief, the plaintiff in the action is entitled to recover from the defendant 3 times the amount of actual damages sustained by the plaintiff and the costs of the action, including reasonable attorneys' fees.
[RR 2021, c. 1, Pt. B, §144 (COR).]
2.  Damages only.
In the event no injunctive relief is sought or required, any person injured by a violation of section 2983 may maintain an action for damages alone in the Superior Court in the county where the person resides and the measure of damages in the action is the same as prescribed in subsection 1.
[RR 2021, c. 1, Pt. B, §144 (COR).]
SECTION HISTORY
PL 1983, c. 484, §2 (NEW). RR 2021, c. 1, Pt. B, §144 (COR).