reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 3: EGGS › 7 §636. Exemptions

§636. Exemptions
1.  Direct sales to consumers.
Producers selling eggs of their own production direct to consumers are exempt from sections 631‑A to 635 for those sales.
[PL 2005, c. 512, §33 (NEW).]
2.  Eggs shipped for wholesale sale.
An egg producer may ship eggs to a wholesaler or to another shipper without labeling and grading the eggs in accordance with sections 631‑A to 635. When an egg producer ships eggs that are marked as to grade and size, the labeling must be accurate and comply with the standards of this subchapter and rules adopted pursuant to section 631‑A.
[PL 2005, c. 512, §33 (NEW).]
SECTION HISTORY
PL 1973, c. 48, §5 (RPR). PL 2005, c. 512, §33 (RPR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 3: EGGS › 7 §637. Enforcement

§637. Enforcement
The commissioner shall administer sections 631 to 643 and may adopt, in a manner consistent with the Maine Administrative Procedure Act, uniform rules for such administration. The commissioner may recover the fines imposed for violations of sections 631 to 643 in a civil action brought in the commissioner's name, with the venue to be as in other civil actions, and if prevailing in that action, the commissioner shall recover full costs.   [PL 2005, c. 512, §34 (AMD).]
SECTION HISTORY
PL 1977, c. 694, §68 (AMD). PL 1977, c. 696, §66 (AMD). PL 2005, c. 512, §34 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 3: EGGS › 7 §638. Disposal of forfeitures

§638. Disposal of forfeitures
All fines imposed for violation of this subchapter must be paid to the commissioner. The commissioner shall send all fines received for violations of this subchapter to the Treasurer of State for deposit in the General Fund.   [PL 2005, c. 512, §35 (AMD).]
SECTION HISTORY
PL 1977, c. 696, §67 (RPR). PL 2005, c. 512, §35 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 3: EGGS › 7 §639. Violations

§639. Violations
Any person, firm, partnership, association or corporation who shall violate any of the provisions of sections 631 to 639 or shall neglect or refuse to comply with the provisions thereof or any rule or regulation promulgated hereunder commits a civil violation for which the following forfeitures shall be adjudged:   [PL 1977, c. 696, §68 (RPR).]
1.  First violation.
For the first violation, a forfeiture not to exceed $50; and
[PL 1977, c. 696, §68 (NEW).]
2.  Subsequent violation.
For each subsequent violation, a forfeiture not to exceed $200.
[PL 1977, c. 696, §68 (NEW).]
SECTION HISTORY
PL 1977, c. 696, §68 (RPR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 3: EGGS › 7 §640. Definitions

§640. Definitions
As used in this Title, unless the context otherwise indicates, the following terms shall have the following meanings.   [PL 1979, c. 541, Pt. A, §50 (AMD).]
1.  Processed eggs.
"Processed eggs" shall be held to mean any shell eggs which in a way other than storage have been so treated as to keep them from natural deterioration.
2.  Storage eggs.
"Storage eggs" shall be held to mean any shell eggs that for a period of 30 days or over have been held in storage at a temperature of 45` Fahrenheit fresh prohibited.
3.  Word fresh prohibited.
No person, firm or corporation, selling or exposing for sale any shell eggs which have been in storage or in any way processed, shall use the word "fresh" in any combination of words to describe the character or value of such eggs.
SECTION HISTORY
PL 1979, c. 541, §A50 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 3: EGGS › 7 §641. Marking of storaged or processed eggs

§641. Marking of storaged or processed eggs
Any person, firm or corporation who exposes or offers for sale, either in any public place or elsewhere, any shell eggs which have been in storage or which in any way have been processed, shall conspicuously display upon the receptacle in which such shell eggs are offered for sale, or upon the package in which they are delivered to the purchaser, a notice containing the words "cold storage eggs" or "processed eggs" in accordance with the fact. In case any shell eggs which have been in storage or which have been processed are exposed for sale or offered for sale, in a manner which does not require a receptacle or package, the purchaser shall be informed definitely that such shell eggs are either cold storage or processed eggs, to the end that the purchaser may have knowledge of the facts with reference to the storage or processing of such eggs.
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 3: EGGS › 7 §642. Contents of invoice

§642. Contents of invoice
Whenever any person, firm or corporation within this State ships or delivers to a purchaser within this State any shell eggs that have been in storage or processed, such person, firm or corporation shall deliver to the purchaser an invoice or bill showing thereon the character of such eggs. All containers of shell eggs deposited in cold storage must be marked plainly with date of receipt and date of withdrawal by the officer, or the officer's agents, in charge of the cold storage plant.   [RR 2021, c. 1, Pt. B, §92 (COR).]
SECTION HISTORY
RR 2021, c. 1, Pt. B, §92 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 3: EGGS › 7 §643. Violations

§643. Violations
A person, firm or corporation that violates any provision of sections 640 to 642 commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.   [PL 2001, c. 421, Pt. B, §6 (AMD); PL 2001, c. 421, Pt. C, §1 (AFF).]
SECTION HISTORY
PL 1977, c. 696, §69 (RPR). PL 2001, c. 421, §B6 (AMD). PL 2001, c. 421, §C1 (AFF).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 4: FEEDS › 7 §691. Title (REPEALED)

§691. Title
(REPEALED)
SECTION HISTORY
PL 1971, c. 77, §2 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 4: FEEDS › 7 §692. Definitions (REPEALED)

§692. Definitions
(REPEALED)
SECTION HISTORY
PL 1971, c. 77, §2 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 4: FEEDS › 7 §693. Registration (REPEALED)

§693. Registration
(REPEALED)
SECTION HISTORY
PL 1971, c. 77, §2 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 4: FEEDS › 7 §694. Labeling (REPEALED)

§694. Labeling
(REPEALED)
SECTION HISTORY
PL 1971, c. 77, §2 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 4: FEEDS › 7 §695. Adulteration (REPEALED)

§695. Adulteration
(REPEALED)
SECTION HISTORY
PL 1971, c. 77, §2 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 4: FEEDS › 7 §696. Misbranding (REPEALED)

§696. Misbranding
(REPEALED)
SECTION HISTORY
PL 1971, c. 77, §2 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 4: FEEDS › 7 §697. Inspection, sampling and analysis (REPEALED)

§697. Inspection, sampling and analysis
(REPEALED)
SECTION HISTORY
PL 1971, c. 77, §2 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 4: FEEDS › 7 §698. Regulations, standards and definitions (REPEALED)

§698. Regulations, standards and definitions
(REPEALED)
SECTION HISTORY
PL 1971, c. 77, §2 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 4: FEEDS › 7 §699. Detained commercial feeds (REPEALED)

§699. Detained commercial feeds
(REPEALED)
SECTION HISTORY
PL 1971, c. 77, §2 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 4: FEEDS › 7 §700. Enforcement (REPEALED)

§700. Enforcement
(REPEALED)
SECTION HISTORY
PL 1971, c. 77, §2 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 4: FEEDS › 7 §701. Penalties (REPEALED)

§701. Penalties
(REPEALED)
SECTION HISTORY
PL 1971, c. 77, §2 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 4-A: FEEDS › 7 §711. Title

§711. Title
This subchapter shall be known as the "Maine Commercial Feed Law of 1971."   [PL 1971, c. 77, §1 (NEW).]
SECTION HISTORY
PL 1971, c. 77, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 4-A: FEEDS › 7 §713. Enforcing official

§713. Enforcing official
This subchapter shall be administered by the Commissioner of Agriculture, Conservation and Forestry hereinafter in this subchapter called the "commissioner."   [PL 1979, c. 731, §19 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]
SECTION HISTORY
PL 1971, c. 77, §1 (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 103: PRODUCTS CONTROLLED › Subchapter 4-A: FEEDS › 7 §716. Misbranding

§716. Misbranding
1.  Conditions deemed misbranding.
A commercial feed shall be deemed to be misbranded:
A. If its labeling is false or misleading in any particular;   [PL 1971, c. 77, §1 (NEW).]
B. If it is distributed under the name of another commercial feed;   [PL 1971, c. 77, §1 (NEW).]
C. If it is not labeled as required in section 715;   [PL 1971, c. 77, §1 (NEW).]
D. If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the commissioner;   [PL 1971, c. 77, §1 (NEW).]
E. If any word, statement, or other information required by or under authority of this subchapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling; and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.   [PL 1971, c. 77, §1 (NEW).]
[PL 1971, c. 77, §1 (NEW).]
SECTION HISTORY
PL 1971, c. 77, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 4-A: FEEDS › 7 §718. Prohibited acts

§718. Prohibited acts
1.  Prohibitions.
The following acts and the causing thereof within the State are prohibited:
A. The manufacture or distribution of any commercial feed that is adulterated or misbranded;   [PL 1971, c. 77, §1 (NEW).]
B. The adulteration or misbranding of any commercial feed;   [PL 1971, c. 77, §1 (NEW).]
C. The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks and hulls, which are adulterated within the meaning of section 717, subsection 1;   [PL 1971, c. 77, §1 (NEW).]
D. The removal or disposal of a commercial feed in violation of an order under section 721;   [PL 1971, c. 77, §1 (NEW).]
E. The failure or refusal to register in accordance with section 714; and   [PL 2003, c. 452, Pt. B, §9 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
F. The violation of section 722, subsection 2.   [PL 2003, c. 452, Pt. B, §9 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. B, §9 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1971, c. 77, §1 (NEW). PL 2003, c. 452, §B9 (AMD). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 4-A: FEEDS › 7 §719. Rules and regulations

§719. Rules and regulations
1.  Promulgation.
The commissioner is authorized to promulgate, in a manner consistent with the Maine Administrative Procedure Act, such rules and regulations for commercial feeds and pet foods as are specifically authorized in this subchapter and such other reasonable rules and regulations as may be necessary for the efficient enforcement of this subchapter. In the interest of uniformity the commissioner shall by regulation adopt, unless the commissioner determines that they are inconsistent with this subchapter or are not appropriate to conditions that exist in this State, the following:
A. The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and   [RR 2021, c. 1, Pt. B, §97 (COR).]
B. Any regulation promulgated pursuant to the authority of the Federal Food, Drug and Cosmetic Act U.S.C. Sec. 301, et seq., as long as the commissioner would have the authority under this subchapter to promulgate such regulations.   [RR 2021, c. 1, Pt. B, §97 (COR).]
[RR 2021, c. 1, Pt. B, §97 (COR).]
2.  Publication.
Before the issuance, amendment or repeal of any rule or regulation authorized by this subchapter, notice and opportunity for a hearing shall be provided in a manner consistent with the rule-making provisions of the Maine Administrative Procedure Act. Notwithstanding this paragraph, if the commissioner, pursuant to the authority of this subchapter, adopts the official definitions of feed ingredients or official feed terms as adopted by the Association of American Feed Control Officials, or regulations promulgated pursuant to the authority of the Federal Food, Drug and Cosmetic Act, any amendment or modification adopted by the association or by the Secretary of Health, Education and Welfare in the case of regulations promulgated pursuant to the Federal Food, Drug and Cosmetic Act, shall be adopted automatically under this subchapter without regard to the publication of the notice required by this subsection unless the commissioner by rule specifically determines that the amendment or modification shall not be adopted.
[PL 1977, c. 694, §71 (RPR).]
SECTION HISTORY
PL 1971, c. 77, §1 (NEW). PL 1977, c. 694, §§70,71 (AMD). RR 2021, c. 1, Pt. B, §97 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 4-A: FEEDS › 7 §721. Detained commercial feeds

§721. Detained commercial feeds
1.  Withdrawal from distribution.
When the commissioner or the commissioner's authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this subchapter or of any of the prescribed regulations under this subchapter, the commissioner or the commissioner's authorized agent may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the commissioner or the court. The commissioner shall release the lot of commercial feed so withdrawn when such provisions and regulations have been complied with. The issuance of such an order may not be considered licensing or an adjudicatory proceeding, as defined by the Maine Administrative Procedure Act. If compliance is not obtained within 30 days, the commissioner may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.
[RR 2021, c. 1, Pt. B, §101 (COR).]
2.  Condemnation and confiscation.
Any lot of commercial feed not in compliance with said provisions and regulations shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which said commercial feed is located. In the event the court finds the said commercial feed to be in violation of this subchapter and orders the condemnation of said commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the State; provided that in no instance shall the disposition of said commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial feed or for permission to process or relabel said commercial feed to bring it into compliance with this subchapter.
[PL 1971, c. 77, §1 (NEW).]
SECTION HISTORY
PL 1971, c. 77, §1 (NEW). PL 1977, c. 694, §72 (AMD). RR 2021, c. 1, Pt. B, §101 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 4-A: FEEDS › 7 §723. Cooperation with other entities

§723. Cooperation with other entities
The commissioner may cooperate with and enter into agreements with governmental agencies of this State, other states, agencies of the Federal Government and private associations in order to carry out the purpose of this subchapter.   [PL 1971, c. 77, §1 (NEW).]
SECTION HISTORY
PL 1971, c. 77, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 4-A: FEEDS › 7 §724. Publication

§724. Publication
The commissioner shall publish the results of analysis of commercial feeds together with the names of persons from whom the samples were obtained, the names of the manufacturers thereof and such additional information as the commissioner determines is advisable.   [PL 2005, c. 512, §41 (AMD).]
SECTION HISTORY
PL 1971, c. 77, §1 (NEW). PL 2005, c. 512, §41 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5: FERTILIZERS › 7 §743-A. Tonnage report

§743-A. Tonnage report
1.  Registrants required to report.
On or before September 1st of each year, a registrant shall file with the commissioner, on a form prescribed by the commissioner, the number of tons of each brand and grade of commercial fertilizer sold by the registrant in the State during the 12 months preceding July 1st of that year.
[PL 2015, c. 191, §3 (AMD).]
2.  Fees; nonlapsing fund.
[PL 2015, c. 191, §4 (RP).]
3.  Commissioner's report.
The commissioner or the commissioner's agent may publish and distribute annually, to each registrant and other interested persons, a report showing the total tons of commercial fertilizer and the total tons by grade sold in the State.
[PL 2015, c. 191, §5 (AMD).]
SECTION HISTORY
PL 2009, c. 393, §3 (NEW). PL 2011, c. 607, §1 (AMD). PL 2015, c. 191, §§3-5 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5: FERTILIZERS › 7 §743-B. Exemption for biosolids

§743-B. Exemption for biosolids
Sections 743 and 743‑A do not apply to packaged biosolids or unpackaged biosolids that are derived primarily from residuals regulated by Title 38, chapter 13 and by rules adopted by the Department of Environmental Protection governing solid waste management matters concerning composting facilities and the agronomic utilization of residuals when those biosolids include a legible and conspicuous disclaimer on their marketing materials and labeling specifically stating: "This product is not a commercial fertilizer, and any nutrient claims are not a guaranteed analysis." If a fertilizer material percentage statement appears on a label or accompanying delivery documentation, except for those products for which delivery documentation is required by Department of Environmental Protection rule, that product must be registered as a fertilizer.   [PL 2013, c. 204, §5 (NEW).]
SECTION HISTORY
PL 2013, c. 204, §5 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5: FERTILIZERS › 7 §744. Labeling

§744. Labeling
Any commercial fertilizer distributed in this State in containers must have placed on or affixed to the container a label setting forth in clearly legible form the information required by section 743, subsections 1 to 5.   [PL 2007, c. 147, §3 (AMD).]
If distributed in bulk, a written or printed statement of the information required by section 743, subsections 1 to 5, must accompany delivery and be supplied to the purchaser at time of delivery.   [PL 2007, c. 147, §3 (AMD).]
SECTION HISTORY
PL 2007, c. 147, §3 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5: FERTILIZERS › 7 §745. Inspection, sampling and analysis

§745. Inspection, sampling and analysis
The commissioner shall inspect and sample for analysis in accordance with section 490 commercial fertilizers distributed within this State to the extent the commissioner considers necessary to determine compliance with this subchapter. The commissioner or the commissioner's agent is authorized to enter upon any public or private premises during regular business hours in order to have access to commercial fertilizers, subject to this subchapter and the rules adopted pursuant to section 748.   [PL 2015, c. 191, §6 (AMD).]
The methods of sampling, sample preparation and analysis are those adopted from sources such as AOAC International. The commissioner, in determining for administrative purposes whether a commercial fertilizer is deficient in any component, is guided solely by the official sample as defined and obtained and analyzed as provided for in this section.   [PL 2007, c. 147, §4 (AMD).]
When the inspection and analysis of an official sample indicate a commercial fertilizer has been adulterated or misbranded, the commissioner shall forward the results of the analysis to the distributor or manufacturer. Upon request within 30 days, the commissioner shall furnish to the registrant a portion of the sample concerned.   [PL 2005, c. 512, §42 (AMD).]
SECTION HISTORY
PL 2005, c. 512, §42 (AMD). PL 2007, c. 147, §4 (AMD). PL 2015, c. 191, §6 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5: FERTILIZERS › 7 §746. Misbranding

§746. Misbranding
No person shall distribute misbranded fertilizer. A commercial fertilizer shall be deemed to be misbranded:
1.  False or misleading statements.
If false or misleading statements concerning its agricultural value are made on the container or in any advertising matter accompanying or associated with the commercial fertilizer;
2.  Distributed under another name.
If it is distributed under the name of another fertilizer;
3.  Container not labeled as required.
If its container is not labeled as required in section 744 and in regulations prescribed under this subchapter;
4.  Information required placed conspicuously.
If any word, statement or other information required by or under authority of this subchapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
5.  Not registered and fee not paid.
If it is a grade of commercial fertilizer which is not registered with the commissioner and the prescribed fee paid in accordance with this subchapter.
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5: FERTILIZERS › 7 §747. Adulteration

§747. Adulteration
No person shall distribute an adulterated commercial fertilizer. A commercial fertilizer shall be deemed to be adulterated:
1.  Quality, etc. not in conformity.
If its weight, composition, quality, strength or purity do not conform in each particular to the claims made upon the affixed guaranty;
2.  Deleterious materials.
If it contains any material in sufficient amount to be deleterious to growing plants or any deleterious or harmful substances in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil or water; or
[PL 2001, c. 670, §4 (AMD).]
3.  Other materials.
If it is found to contain any pulverized leather, hair, ground hoofs, horns, wool waste, peat, garbage tankage or any nitrogenous ingredients derived from any inert material, unless the same has been so treated as to be available as plant food as determined by the methods adopted by AOAC International, without an explicit printed statement of fact, conspicuously affixed to the package of the fertilizer and accompanying and going with every lot or package of the same, in which fertilizer materials named in this subsection aid in making up the required or guaranteed analysis.
[PL 2007, c. 147, §5 (AMD).]
SECTION HISTORY
PL 2001, c. 670, §4 (AMD). PL 2007, c. 147, §5 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5: FERTILIZERS › 7 §748. Regulations, standards and definitions

§748. Regulations, standards and definitions
The commissioner is charged with the enforcement of this subchapter, and is empowered to promulgate and adopt, in a manner consistent with the Maine Administrative Procedure Act, such reasonable rules and regulations as may be necessary to carry into effect the full intent and meaning of this subchapter. The commissioner is empowered to adopt regulations establishing definitions and standards for commercial fertilizer ingredients and such other regulations as may be necessary for the enforcement of any provisions of this subchapter.   [PL 1977, c. 694, §75 (AMD).]
1.  "Withdrawal from sale" orders.
When the commissioner has reasonable cause to believe a commercial fertilizer is being distributed in violation of any of the provisions of this subchapter, or of any of the prescribed regulations under this subchapter, the commissioner may issue and enforce a written or printed "withdrawal from sale" order warning the distributor not to dispose of the fertilizer in any manner until written permission is given by the commissioner or the court. The commissioner shall release the commercial fertilizer so withdrawn when the provisions and regulations have been complied with and all costs and expenses incurred in the withdrawal have been paid. The issuance of such an order may not be considered licensing or an adjudicatory proceeding, as defined by the Maine Administrative Procedure Act. If compliance is not obtained within 30 days, the commissioner may begin proceedings for condemnation.
[RR 2021, c. 1, Pt. B, §103 (COR).]
2.  Condemnation and confiscation.
Any lot of commercial fertilizer, not in compliance with this subchapter, shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which said commercial fertilizer is located. In the event the court finds the said commercial fertilizer to be in violation of this subchapter, and orders the condemnation of said commercial fertilizer, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of the State. In no instance shall the disposition of said commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial fertilizer or for permission to process or relabel said commercial fertilizer to bring it into compliance with this subchapter.
3.  Establishment of allowances.
The commissioner shall establish by rule allowances for deviations from the guaranteed analysis for plant nutrients and from the overall index value of a fertilizer. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2007, c. 147, §6 (NEW).]
SECTION HISTORY
PL 1977, c. 694, §§75,76 (AMD). PL 2007, c. 147, §6 (AMD). RR 2021, c. 1, Pt. B, §103 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5: FERTILIZERS › 7 §749. Enforcement

§749. Enforcement
This subchapter shall be administered by the commissioner.   [PL 1979, c. 541, Pt. A, §55 (AMD).]
SECTION HISTORY
PL 1979, c. 541, §A55 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5: FERTILIZERS › 7 §750. Violations

§750. Violations
1.  Violation.
A person, firm or corporation may not violate this subchapter or a rule adopted pursuant to this subchapter.
[PL 2003, c. 452, Pt. B, §11 (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 $500 may be adjudged.   [PL 2007, c. 147, §7 (AMD).]
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 $1,000 may be adjudged.   [PL 2007, c. 147, §7 (AMD).]
[PL 2007, c. 147, §7 (AMD).]
3.  Application.
This subchapter may not be construed as requiring the commissioner or the commissioner's agent to report for suit or for the institution of seizure proceedings as a result of minor violations of this subchapter when the commissioner believes that the public interest will be best served by a suitable notice of warning in writing.
[PL 2003, c. 452, Pt. B, §11 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1977, c. 696, §72 (RPR). PL 2003, c. 452, §B11 (RPR). PL 2003, c. 452, §X2 (AFF). PL 2007, c. 147, §7 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5: FERTILIZERS › 7 §751. Assessments for deficiencies

§751. Assessments for deficiencies
In addition to any fine adjudged under section 750, an assessment for deficiencies in a fertilizer must be made in accordance with this section. For the purposes of this section, a deficiency occurs when an investigational analysis determines that the allowances established in rules adopted under section 748, subsection 3 have been exceeded.   [PL 2007, c. 147, §8 (NEW).]
1.  Primary plant nutrients; overall index.
An assessment of 2 times the commercial value of the deficiency or deficiencies as determined under subsection 3 must be made if:
A. The analysis determines that a fertilizer is deficient in one or more of its guaranteed primary plant nutrients; or   [PL 2007, c. 147, §8 (NEW).]
B. The analysis determines that the overall index value is deficient.   [PL 2007, c. 147, §8 (NEW).]
When a fertilizer is subject to an assessment under both paragraphs A and B, the larger assessment applies.
[PL 2007, c. 147, §8 (NEW).]
2.  Other deficiencies.
When a fertilizer is labeled to guarantee or a bulk fertilizer is accompanied by a statement guaranteeing that the fertilizer contains recognized plant nutrients other than nitrogen, available phosphate or soluble potash, the commissioner may evaluate the fertilizer and prescribe an assessment for deficiencies in any of the claimed nutrients based on commercial values determined under subsection 3.
[PL 2007, c. 147, §8 (NEW).]
3.  Determination of commercial value.
For the purpose of determining the commercial value to be applied in determining assessment under this section, the commissioner shall determine and publish annually the values per unit of total nitrogen, available phosphate and soluble potash or other nutrients that the registrant is required to or may guarantee in fertilizers in this State. The values so determined and published must be used in determining and assessing penalty payments.
[PL 2015, c. 191, §7 (AMD).]
4.  Payment to consumer; commissioner.
Assessments made under subsections 1 and 2 must be paid by the registrant to the consumer of the lot of fertilizer represented by the sample analyzed. The commissioner shall send notification of the amount of the assessment with the results of the analysis sent in accordance with section 745. Assessments must be made within 30 days of the date of the notification. If the consumer cannot be located, the registrant shall submit the assessment to the commissioner for deposit in the commercial fertilizer account under subsection 5.
[PL 2007, c. 147, §8 (NEW).]
5.  Commercial fertilizer account.
The commissioner shall deposit all assessments submitted to the commissioner in accordance with subsection 4 in a dedicated account established within the department. The account is a nonlapsing interest-bearing account. Funds from the account may only be used to pay costs of sampling and analyzing fertilizer.
[PL 2007, c. 147, §8 (NEW).]
SECTION HISTORY
PL 2007, c. 147, §8 (NEW). PL 2015, c. 191, §7 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5-A: AGRICULTURAL LIMING MATERIALS › 7 §761. Title

§761. Title
This subchapter shall be known and may be cited as the "Maine Agricultural Liming Materials Act."   [PL 1987, c. 425, §§ 1, 3 (NEW).]
SECTION HISTORY
PL 1987, c. 425, §§1,3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5-A: AGRICULTURAL LIMING MATERIALS › 7 §764. Prohibited acts

§764. Prohibited acts
No person may sell or offer for sale any agricultural liming material in this State unless it complies with this subchapter and rules adopted under this subchapter. No person may sell or offer for sale any agricultural liming material in this State containing materials that are or will be deleterious to plant or animal life, when the agricultural liming material is applied at rates recommended by a soils testing laboratory.   [PL 1987, c. 425, §§ 1, 3 (NEW).]
SECTION HISTORY
PL 1987, c. 425, §§1,3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5-A: AGRICULTURAL LIMING MATERIALS › 7 §764-A. Exemption for industrial by-products

§764-A. Exemption for industrial by-products
Section 764 does not apply to unpackaged industrial by-products derived primarily from residuals regulated by Title 38, chapter 13 and by rules adopted by the Department of Environmental Protection governing solid waste management matters concerning composting facilities and the agronomic utilization of residuals when those industrial by-products include a legible and conspicuous disclaimer on their marketing materials and labeling specifically stating: "This product is an industrial by-product, and any claims of neutralizing value and fineness are not guarantees."   [PL 2013, c. 204, §6 (NEW).]
Industrial by-products exempted under this section need not comply with sections 765 and 766.   [PL 2013, c. 204, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 204, §6 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5-A: AGRICULTURAL LIMING MATERIALS › 7 §765. Registration

§765. Registration
1.  Registration required; fee.
Each separately identified agricultural liming product shall be registered before being offered for sale, sold or distributed in the State. The application for registration shall be submitted to the commissioner on forms furnished or approved by the commissioner and shall be accompanied by a fee of $50. Upon approval by the commissioner, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31st of each year.
[PL 1987, c. 425, §§1, 3 (NEW).]
2.  Fees; nonlapsing fund.
The commissioner shall collect all fees under this subchapter and section 743 and deposit them with the Treasurer of State in a separate account to be used for carrying out this subchapter and subchapter 5, including the cost of inspection, sampling and analysis of commercial fertilizers and agricultural liming materials. These funds do not lapse, but remain in a carry-over account.
[PL 2015, c. 191, §8 (AMD).]
3.  Registration not required if already registered.
A distributor shall not be required to register any brand of agricultural liming material which is already registered under this subchapter by another person, provided that the label does not differ in any respect.
[PL 1987, c. 425, §§1, 3 (NEW).]
SECTION HISTORY
PL 1987, c. 425, §§1,3 (NEW). PL 2009, c. 393, §4 (AMD). PL 2015, c. 191, §8 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5-A: AGRICULTURAL LIMING MATERIALS › 7 §766. Report of tonnage

§766. Report of tonnage
1.  By registrants.
On or before September 1st in each year each registrant shall file with the commissioner, on forms prescribed by the commissioner, the number of tons of each agricultural liming material sold during the 12 months preceding July 1st of that year.
[PL 2015, c. 191, §9 (AMD).]
2.  Commissioner's report.
The commissioner may publish and distribute annually, to each agricultural liming material registrant and other interested persons, a composite report showing the tons of agricultural liming material sold in the State.
[PL 1987, c. 425, §§ 1, 3 (NEW).]
SECTION HISTORY
PL 1987, c. 425, §§1,3 (NEW). PL 2009, c. 393, §5 (AMD). PL 2011, c. 607, §2 (AMD). PL 2015, c. 191, §9 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5-A: AGRICULTURAL LIMING MATERIALS › 7 §767. Inspection; sampling; analysis

§767. Inspection; sampling; analysis
1.  Commissioner shall inspect, analyze, test.
The commissioner, or the commissioner's authorized agent, shall sample, inspect, analyze and test the agricultural liming materials distributed within this State to determine whether the agricultural liming materials are in compliance with this subchapter. The commissioner, individually or through the commissioner's agent, may enter upon any public or private premises or carriers during regular business hours in order to have access to agricultural liming materials subject to this subchapter and rules adopted under this subchapter and to the records relating to their distribution.
[RR 2021, c. 1, Pt. B, §105 (COR).]
2.  Methods of analysis and sampling.
The methods of analysis and sampling shall be those approved by the commissioner and shall be guided by the Association of Official Analytical Chemists procedures.
[PL 1987, c. 425, §§ 1, 3 (NEW).]
3.  Adulterated or misbranded materials.
When the inspection and analysis of an official sample indicate an agricultural liming material has been adulterated or misbranded, the results of analysis shall be forwarded by the commissioner to the registrant and to the distributor of the sample. If the registrant or distributor, within 30 days of notification, requests a portion of the test sample then the commissioner shall furnish, within 30 days of this request, a portion of the sample to the registrant or distributor who made the request.
[PL 1987, c. 425, §§ 1, 3 (NEW).]
SECTION HISTORY
PL 1987, c. 425, §§1,3 (NEW). RR 2021, c. 1, Pt. B, §105 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5-A: AGRICULTURAL LIMING MATERIALS › 7 §768. Stop sale orders

§768. Stop sale orders
1.  Issuance of order.
The commissioner may issue a written "stop sale, use or removal" order to the owner or custodian of any lot of agricultural liming materials when the commissioner determines that a violation of this subchapter has taken place. The order must include a notice that the owner or custodian may request a review of the determination of the commissioner at a hearing by filing a written request with the commissioner.
[PL 1987, c. 425, §§ 1, 3 (NEW).]
2.  Hearing.
Within 10 days of receipt of a request for a hearing under subsection 1, the commissioner shall hold a hearing in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV. Upon the hearing, the commissioner shall either rescind the order or, for good cause shown, continue the order.
[PL 1987, c. 425, §§ 1, 3 (NEW).]
3.  Release of materials.
When the requirements of this subchapter have been met and all costs and expenses incurred in connection with the withdrawal have been paid, the commissioner shall release the agricultural liming materials held under this section by terminating the "stop sale, use or removal" order and issuing a release order. The issuance of the release order shall not be considered licensing or an adjudicatory proceeding, as defined by the Maine Administrative Procedure Act, Title 5, chapter 375.
[PL 1987, c. 425, §§ 1, 3 (NEW).]
SECTION HISTORY
PL 1987, c. 425, §§1,3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5-A: AGRICULTURAL LIMING MATERIALS › 7 §769. Fines for violations

§769. Fines for violations
1.  Violation.
A person, firm or corporation may not violate this subchapter or a rule adopted pursuant to this subchapter.
[PL 2003, c. 452, Pt. B, §12 (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 $100 may be adjudged.   [PL 2003, c. 452, Pt. B, §12 (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, §12 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. B, §12 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
3.  Application.
This subchapter may not be construed as requiring the commissioner or the commissioner's agent to bring suit or institute seizure proceedings as a result of minor violations of this subchapter when the commissioner believes that the public interest will be best served by a suitable notice of warning in writing.
[PL 2003, c. 452, Pt. B, §12 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1987, c. 425, §§1,3 (NEW). PL 2003, c. 452, §B12 (RPR). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5-A: AGRICULTURAL LIMING MATERIALS › 7 §770. Rules for administration

§770. Rules for administration
The commissioner after reasonable notice and hearing may promulgate and enforce rules for the administration of this subchapter, in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375, and grant exemptions from specific requirements of this subchapter as, from time to time, may be required.   [PL 1987, c. 425, §§ 1, 3 (NEW).]
SECTION HISTORY
PL 1987, c. 425, §§1,3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5-B: MAINE PLANT AND SOIL AMENDMENT ACT › 7 §775. Title

§775. Title
This Act shall be known as the "Maine Plant and Soil Amendment Act."   [PL 1979, c. 491, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 491, §§1,2 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 2: MARKETING, GRADING AND LABELING › Chapter 103: PRODUCTS CONTROLLED › Subchapter 5-B: MAINE PLANT AND SOIL AMENDMENT ACT › 7 §777. Labeling

§777. Labeling
The following information shall appear on the face or display side of the container of any plant amendment or soil amendment offered for sale. It shall be in a readable and conspicuous form and shall be considered the label. If distributed in bulk, a written or printed statement of the required information shall accompany delivery and be supplied to the purchaser at time of delivery:   [PL 1979, c. 491, §1 (NEW).]
1.  Net weight.
Net weight;
[PL 1979, c. 491, §1 (NEW).]
2.  Brand name.
Brand name;
[PL 1979, c. 491, §1 (NEW).]
3.  Guaranteed analysis.
The name of each amending ingredient and the amount of each expressed in terms commonly applied to the ingredients, and the total percent of other ingredients;
[PL 1979, c. 491, §1 (NEW).]
4.  Purpose of product.
Purpose of product;
[PL 1979, c. 491, §1 (NEW).]
5.  Direction for application.
Direction for application; and
[PL 1979, c. 491, §1 (NEW).]
6.  Name and address of the registrant.
Name and address of the registrant.
[PL 1979, c. 491, §1 (NEW).]
No information shall appear on any package, label, delivery slip or advertising matter which is false or misleading.   [PL 1979, c. 491, §1 (NEW).]
The commissioner may require proof of claims made for any plant or soil amendment. If no claims are made the commissioner may request statements of usefulness and value of the plant or soil amendment. For verification of claims or statements the commissioner may rely on experimental data, evaluations or advice supplied from such sources as the Director of the Maine Agricultural Experiment Station. The verification must be related to Maine conditions for which the product is intended.   [RR 2021, c. 1, Pt. B, §106 (COR).]
The commissioner may allow labeling by volume rather than weight in packaging of plant or soil amendments.   [PL 1979, c. 491, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 491, §§1,2 (NEW). RR 2021, c. 1, Pt. B, §106 (COR).