reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 61 - MAINE MILK POOL COST OF ADMINISTRATION

Current through 2024-29, July 17, 2024
Costs incurred for the Maine Milk Pool for personnel services
				and for operation was approximately $60,000 in 2017. Based on the last twelve
				months expenses, it is estimated that the Pool costs for similar expenses for
				2018 will be about $60,000.
The total pounds in the Pool for the last twelve months
				(December 2016 - November 2017) were 626,473,188. It is estimated that the
				total pounds in the Pool for 2018 will be approximately the same.
Based on the above projected costs and pounds the Pool
				Administrator sets the rate per hundredweight of milk for the cost of
				administering the Pool for calendar year 2018 at $0.01/cwt. This represents no
				change from 2017.
STATUTORY AUTHORITY:
				  7 M.R.S.
				  §3154(2)
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 62 - GENERAL FUND MONEY DISTRIBUTED TO MAINE DAIRY FARMERS

Current through 2024-29, July 17, 2024
All funds appropriated from the General Fund to the Maine Milk
				Commission pursuant to Public Law 1997, c. 395, Section B-1 shall be deposited
				into the Maine Milk Pool and distributed to producers in accordance with
				Chapter #60, "Maine Milk Pool: Operation" 01-001 CMR 60 (as amended September
				7, 1987).
STATUTORY AUTHORITY:
Public Law 1997, c. 395 Section B-1
5 M.R.S.A.,
				  Sec.8054
7 M.R.S.A.,
				  Sec.12 and
				  3153
7 M.R.S.A.,
				  Sec.2954
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 100 - GRIEVANCE PROCEDURES FOR THE HANDICAPPED

Current through 2024-29, July 17, 2024
SECTION 504: GRIEVANCE PROCEDURE
Maine Department of Agriculture, Food & Rural Resources has
				adopted the following internal grievance procedure providing for prompt and
				equitable resolution of complaints alleging any action prohibited by federal
				regulation a implementing Section 504 of the Rehabilitation Act of 1973, as
				amended (
				29 U.S.C.
				§
									794 ).
Section 504 states, in part, that "No otherwise qualified
				handicapped individual . . . shall, solely by reason of his handicap, be
				excluded from the participation in, be denied the benefits of# or be subjected
				to discrimination under any program or activity receiving Federal financial
				assistance..."
This 504 grievance procedure is not meant to preclude other
				avenues of relief for the grievant.
The law and regulations may be examined in the office of
Richard B. Burnham, Director of Administrative Services
Deering Building, Room 322
Augusta, Maine 04333
and
(207) 289-2001
who has been designated to coordinate the efforts of
				Agriculture, Food & Rural Resources to comply with the regulations.
1. A complaint must be filed in writing or
			 verbally within 180 days of the alleged violation with the Agency 504
			 Coordinator, contain the name and address of the person filing it, and describe
			 the action alleged to be prohibited by the regulations.
2. The Agency 504 Coordinator or his designee
			 shall conduct an investigation to determine the validity of the complaint. The
			 investigation shall include an opportunity for the grievant, by requesting an
			 informal conference within 30 days of filing the complaint, to confront the
			 people responsible for the action complained against. The 504 Coordinator
			 shall, immediately upon receipt of the complaint, inform the grievant in
			 writing of his right to request a conference. if the grievant requests and
			 participates in a conference, he shall have an opportunity to present evidence
			 and arguments on all issues, to cross-examine any person present and
			 testifying, and to be represented at the conference. The 504 Coordinator shall
			 be responsible for creating and maintaining a record or report of the
			 conference. If the grievant does not request a conference, he shall still have
			 the right to present evidence such as documents and written statements to the
			 504 Coordinator for consideration during the investigation. The Agency 504
			 Coordinator shall provide the Agency head with a written report of the findings
			 of the investigation* including the record or report of the informal
			 conference, if such a conference occurred.
3. The agency head shall issue a written
			 decision within 60 days of the date the complaint was filed describing what
			 action, if any, she/he will take regarding the complaint.
4. The 504 Coordinator will maintain the 504
			 complaint files of the agency for two years.
STATUTORY AUTHORITY:
				   7 M.R.S.A.
				  §12
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 106 - STANDARD GRADES FOR APPLES › Section 001-106-I - Standards for Grades Established

Current through 2024-29, July 17, 2024
7 M.R.S.A.
				  §533 states that "the grades for apples
				  recommended by the United States Department of Agriculture and recognized in
				  the central markets of the country as government grades and such other grades
				  or standards as may be promulgated by the commissioner under sections 441 to
				  447, are made the official state grades for apples of the State presented for
				  intrastate or interstate shipment. All containers as presented for shipment
				  whether by truck, train or boat shall have written, stamped or attached thereon
				  the provisions required in section 534. " The commissioner hereby incorporates
				  by reference as the standards for grading of Maine apples the U. S. Standards
				  for Grades of Apples of the U.S.D.A. Agricultural Marketing Service, effective
				  September 1, 1964, as amended October 1, 1966, July 25, 1972, and March 25,
				  1976.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 111 - OFFICIAL STANDARDS FOR EGG GRADES › Section 001-111-I - OFFICIAL STANDARDS

Current through 2024-29, July 17, 2024
7 M.R.S.A.
				  §631-A authorizes the Commissioner (of
				  Agriculture), "...after holding public hearing, to establish and promulgate
				  official definitions and standards and sizes for grading or classifying,
				  packaging and labeling eggs and to change such official standards from time to
				  time. Such official standards and sizes shall not be lower in their
				  requirements than the minimum requirements and official standards and sizes for
				  corresponding grades or classifications as promulgated from time to time by the
				  Secretary of Agriculture of the United States, commonly known as U.S. Grades."
				  The Commissioner hereby incorporates by reference as the standards for grading
				  of Maine eggs the
U.S. Standards, Grades, and Weight Classes for Shell
				  Eggs
of the U.S.D.A. Agricultural Marketing Service, effective June
				  30, 1975.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 117 - OFFICIAL STANDARD FOR MAPLE SYRUP GRADES › Section 001-117-1 - Definitions

Current through 2024-29, July 17, 2024
A.
Buddy Flavor/Buddiness
. Buddy
				flavor or buddiness means the unpleasant flavor characteristic of syrup made
				from sap collected from maple trees as they come out of dormancy.
B.
Clean
Clean means that the
				syrup shall be practically free from foreign material such as pieces of bark,
				soot, dust, or dirt.
C.
Cloudiness
. Cloudiness means the presence, in suspension, of fine
				particles of mineral matter, such as malate of lime, niter, sugar sand, calcium
				malate, or other substances that detract from the clearness of the
				syrup.
D.
Color
. Color
				has reference to the color of maple syrup when examined by means of the
				U.S.D.A. permanent glass color standards for maple syrup. The color standards
				are available only from the approved supplier under a license from the U.S.
				Department of Agriculture.
E.
Consumer Size Container
. Consumer size container means a container
				which has a volume capacity of less than one gallon, as determined when the
				liquid is 680 F. Consumer size containers include, but are not limited to,
				quart, pint and fluid ounce subdivisions of the gallon.
F.
[Not in use]
G.
Fairly Good Color
. Fairly
				good color means that the syrup color is darker in color than the U.S.D.A. Dark
				Amber Glass Color standard, but is not off-color for any reason.
H.
Good Color
. Good color means
				that the syrup color is bright and typical of maple syrup prepared from sound,
				properly gathered sap; and, in addition, meets the following spectral
				requirements:
(1) Grade A light amber - is as
				light, or lighter, in color than the U.S.D.A. Light Amber Glass Color
				Standard.
(2) Grade A medium amber -
				is darker in color than light amber, but is no darker than the U.S.D.A. Medium
				Glass Color Standard.
(3) Grade A
				dark amber - is darker in color than medium amber, but is no darker than the
				U.S.D.A. Dark Amber Glass Color Standard.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 117 - OFFICIAL STANDARD FOR MAPLE SYRUP GRADES › Section 001-117-2 - Grades of Maple Syrup

Current through 2024-29, July 17, 2024
A. Grade A is the
				quality of maple syrup that is suitable for table use and:
(1) Has good color;
(2) Has good flavor and odor;
(3) Is practically free from
				damage;
(4) Is free from serious
				damage;
(5) Is clean; and
(6) Is practically clear.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 117 - OFFICIAL STANDARD FOR MAPLE SYRUP GRADES › Section 001-117-3 - Grade Nomenclature

Current through 2024-29, July 17, 2024
Grade nomenclature may be prefixed-with the name of the state
				  of manufacture or the letters "U.S." or words 'United States" where
				  applicable.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 117 - OFFICIAL STANDARD FOR MAPLE SYRUP GRADES › Section 001-117-4 - Determining the Grade of a Lot

Current through 2024-29, July 17, 2024
The grade of a lot of maple syrup covered by these standards
				  is determined by the procedures set forth in the "Regulations Governing
				  Inspection and Certification of Processed Fruits and Vegetables, Processed
				  Products Thereof, and Certain Other Processed Food Products" ( 7 C.F.R. 2852.1
				  through 2852.83 ); PROVIDED:
(1) When
				certifying the color of a sample that has been officially drawn and which
				represents a specific lot of maple syrup, the lot shall be considered as being
				of one color if the number of color deviants does not exceed the acceptance
				number in the appropriate sampling plan. Any lot of maple syrup in which the
				number of color deviants exceeds the acceptance number shall be designated as a
				lot of "mixed color."
(2) No
				deviants for "serious damage" shall be allowed in grades above
				substandard.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 117 - OFFICIAL STANDARD FOR MAPLE SYRUP GRADES › Section 001-117-5 - Transition

Current through 2024-29, July 17, 2024
Containers of maple syrup sold or offered for sale for human
				  consumption may be graded and labeled pursuant to this Chapter from the
				  effective date of this Chapter until January 1, 1982. As of January 1, 1982,
				  all containers of maple syrup sold or offered for sale for human consumption
				  must be graded and labeled pursuant to this Chapter.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 122 - FEE SCHEDULE FOR INSPECTION OF AGRICULTURAL COMMODITIES › Section 001-122-II - GENERAL FEES - APPLIES TO ALL CATEGORIES

Current through 2024-29, July 17, 2024
A. Certificate charge per additional document
				$10.00
B. Copy of documents 5 or
				less pages $1.00
1. More than 5 pages per
				hourly fee of $30.00
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 122 - FEE SCHEDULE FOR INSPECTION OF AGRICULTURAL COMMODITIES › Section 001-122-III - HOURLY BASIS FEES

Current through 2024-29, July 17, 2024
A. Fee per hour per
				inspector $30.00
B. Mileage per
				mile
STATE RATE
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 122 - FEE SCHEDULE FOR INSPECTION OF AGRICULTURAL COMMODITIES › Section 001-122-IV - SHIPPING POINT INSPECTION FEES

Current through 2024-29, July 17, 2024
A.
Fruits
1.
Apples
a. Per carton or part thereof $ .08
b. Apple Storage Gift Certificates each
				$1.00
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 122 - FEE SCHEDULE FOR INSPECTION OF AGRICULTURAL COMMODITIES › Section 001-122-V - PROCESSING INSPECTION FEES

Current through 2024-29, July 17, 2024
Potato Processing Plants
A. Fee per hundredweight or part thereof $
				.082
Staffing levels will be determined by the Inspection service
				  based on the Processor's daily delivery schedule.
B. In the event the processor does not
				provide a daily delivery schedule; the amount delivered is significantly less
				than projected on the delivery schedule or the processor requests additional
				inspectors and the $ .082 per hundredweight fee is not sufficient to cover the
				cost, fees will be assessed at the hourly rates of $30.00 per inspector for
				regular time and $45.00 per inspector for overtime.
C. Samples will be inspected within
				twenty-four hours of receipt or as otherwise specified in writing in the
				contract between the Processor and the Agricultural Bargaining
				Council.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 122 - FEE SCHEDULE FOR INSPECTION OF AGRICULTURAL COMMODITIES › Section 001-122-VI - WORK PERFORMED FOR OTHER AGENCIES

Current through 2024-29, July 17, 2024
A. State
				Agencies
1. Minimum daily fee per inspector
				for State work shall be four (4) hours at the applicable State rate;
				$120.00
2. Fee per hour, per
				inspector, beyond daily minimum $30.00
3. Mileage per mile
STATE
				RATE
4. Charges for
				inspectors, based on current pay schedule, plus fringe benefits, may be worked
				out under written agreement in lieu of hourly rates.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 122 - FEE SCHEDULE FOR INSPECTION OF AGRICULTURAL COMMODITIES › Section 001-122-VII - POTATO VARIETY LABELING PROGRAM

Current through 2024-29, July 17, 2024
A. Any person
				who indicates the variety of potatoes contained within a container must
				maintain documentation verifying the variety and make such documentation
				accessible to the Department if requested.
B. If disputes arise concerning varieties,
				they will be deemed settled after a determination of variety is made by the
				Division of Plant Industry or the Plant Genetics Section of a designated
				university.
C. Violations are as
				set forth in Title 7 M.R.S.A. Subsection1034(3). Any person who packs potatoes
				in a bag labeled with the name of a different potato variety commits a civil
				violation. The first violation shall result in a forfeiture of not more than
				$1,000, with each subsequent violation subject to a penalty of not more than
				$2,000. Each load of potatoes constitutes a separate violation.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 122 - FEE SCHEDULE FOR INSPECTION OF AGRICULTURAL COMMODITIES › Section 001-122-VIII - DELINQUENT ACCOUNTS

Current through 2024-29, July 17, 2024
A.
Timely
				Payment
1. Payment of fees and charges
				for services is due by the due date specified on the invoice.
2. If payment is not received by the due date
				specified on the invoice, the Department reserves the right to withhold further
				service until the delinquent account is paid. The Department also reserves the
				right to require advance cash payments, in a manner acceptable to the
				Department, for subsequent service to applicants who maintain delinquent
				accounts.
3. A late charge of ten
				(10) percent, plus interest of eight (8) percent per annum shall be assessed on
				the unpaid balance of accounts that are more than thirty (30) days
				overdue.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 122 - FEE SCHEDULE FOR INSPECTION OF AGRICULTURAL COMMODITIES › Section 001-122-IX - STATUTORY AUTHORITY

Current through 2024-29, July 17, 2024
STATUTORY AUTHORITY:
					  7
					 M.R.S.A.,12 ,
					 441 ,
					 446 ,
					 951-B
					 ,
					 1033-A
					 ,
					 1034 ,
					 1034-A
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 123 - DISTRIBUTION OF PROCEEDS FROM POTATO LICENSE SURETY BONDS › Section 001-123-1 - Application

Current through 2024-29, July 17, 2024
The provisions of this chapter shall govern the Department's
				  distribution of proceeds recovered from potato licensing surety bonds pursuant
				  to
				  7 M.R.S.A.
				  §1014 and
				  1025,
				  except where an action is brought by a producer or licensee pursuant to
				   7 M.R.S.A.
				  §1025
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 123 - DISTRIBUTION OF PROCEEDS FROM POTATO LICENSE SURETY BONDS › Section 001-123-2 - Claims: Manner of Presentation

Current through 2024-29, July 17, 2024
Distribution of bond proceeds shall be made only to producers
				  and other persons licensed under
				   7 M.R.S.A. §1011
et seq
holding valid, unsatisfied claims for payment against
				  the Obligor on account of potatoes received or purchased by him/her. Such
				  claims shall be presented in the form of verified complaints as defined in 7
				  M.R.S.A. §1012.12. Each claimant shall attach to his verified complaint,
				  if available, copies of All contracts, invoices, bills of lading, inspection
				  certificates, records of transactions and other documents which substantiate
				  his claim. Verified complaints shall be mailed or otherwise presented to the
				  Department.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 123 - DISTRIBUTION OF PROCEEDS FROM POTATO LICENSE SURETY BONDS › Section 001-123-3 - Advertisement

Current through 2024-29, July 17, 2024
Before making any distribution of bond proceeds, the
				  Department shall advertise its intention to do so in (an) appropriate
				  newspapers) and may take other appropriate steps to publicize the impending
				  distribution. The advertisement shall notify persons who may have claims
				  against the obligor to file verified complaints with the Department within a
				  specified time. After such time has elapsed, and subject to sections
				  5 and
				  6, the Department shall distribute the
				  proceeds among all approved claimants.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 123 - DISTRIBUTION OF PROCEEDS FROM POTATO LICENSE SURETY BONDS › Section 001-123-4 - Investigation; Approval

Current through 2024-29, July 17, 2024
The Department may investigate the validity of any claim to
				  the degree it deems such investigation necessary. The Department shall notify
				  any claimant whose claim it disapproves in whole or in part. Such notice of
				  disapproval shall be deemed "final agency action" for purposes of the Maine
				  Administrative Procedure Act,
				   5 M.R.S.A.
				  §8001
et seq.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 123 - DISTRIBUTION OF PROCEEDS FROM POTATO LICENSE SURETY BONDS › Section 001-123-5 - Action Pending Judicial Review of Notice of Disapproval

Current through 2024-29, July 17, 2024
Pursuant to 5 M.R.S.A. §11002.3, any petition for
				  judicial review of a notice of disapproval must be filed by the aggrieved
				  claimant within 30 days after his/her receipt of the notice. No bond proceeds
				  shall be distributed by the Department until this 30-day period has run. If a
				  petition for judicial review is timely filed, the Department shall opt to
				  either:
A. Not distribute any bond
				proceeds until final determination of said petition by a court of last resort;
				or
B. Distribute available bond
				proceeds less the share to which the claimant would be entitled if his petition
				is upheld. A second distribution shall be made in accordance with the court's
				decision upon final determination of the petition.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 123 - DISTRIBUTION OF PROCEEDS FROM POTATO LICENSE SURETY BONDS › Section 001-123-6 - Pro Rata Distribution

Current through 2024-29, July 17, 2024
Where the amount of valid, unsatisfied claims received
				  against a bond exceeds the amount of available proceeds, the proceeds shall be
				  distributed among approved claimants in proportion to the size of their
				  claims
Example
: The bonding company has paid to the
				  Department the $25,000 face value of the bond. Claimants A, B and C have filed
				  verified complaints against the obligor in the amounts of $25,000, $20,000 and
				  $5,000 respectively. The claims are all valid. Under this chapter, distribution
				  would be calculated as follows:
Total claims: $50,000
A's share: 25,000
--------
50,000 = 50% 25,000 x .5 = $12,500
B's share: 20,000
--------
50,000 = 40% 25,000 x .4 = $10,000
C's share: 5,000
--------
50,000 = 10% 25,000 x .1 = $ 2,500
Total distribution $ 25,000
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 125 - OFFICIAL GRADES, STANDARDS AND INSPECTION REQUIREMENTS FOR POTATOES PACKED IN MAINE › Section 001-125-II - OFFICIAL GRADING AND INSPECTION STANDARDS

Current through 2024-29, July 17, 2024
A. Title 7 M.R.S.A. Subsection951 authorizes
				and empowers the commissioner, "after holding public hearing, to establish and
				promulgate official definitions and standards for grading, classifying, packing
				and labeling potatoes and to change official standards from time to time. Such
				official standards shall not be lower in their requirements than the minimum
				requirements of the official standards for corresponding grades or
				classifications as promulgated from time to time by the Secretary of
				Agriculture of the United States, commonly known as U.S. Grades." The
				commissioner hereby incorporates by reference as the basic standards for grades
				of Maine potatoes the U.S. Standards for Grades of Potatoes of the U.S.D.A.,
				Agricultural Marketing Service, as of March 27, 1991, attached
				hereto.
B. Title 7 M.R.S.A.
				Subsection951 also authorizes the commissioner after consultation with the
				Maine Potato Board to adopt rules pursuant to the Maine Administrative
				Procedure Act, requiring the inspection of all or a portion of consumer packs
				of potatoes for conformity with U.S. No. 1 or other grades. Inspection under
				any rule adopted pursuant to this law must be performed by a licensed
				Federal/State or State Inspector, or a Certified Seed Specialist. At the
				request of and in consultation with the Maine Potato Board, the commissioner
				has adopted rules to require inspection of consumer packs of
				potatoes.
C. Notwithstanding
				paragraph II A., the minimum size for all potatoes packaged in containers
				labeled with U.S. NO.1 or a Maine Bag Grade shall not be less than 2 inches in
				diameter or 4 ounces in weight. Except that potatoes labeled as "Baby Maine
				Grade" or "Size B" are exempted from these requirements but must meet the
				requirements of the "Baby Maine Grade" or "Size B" designations. Other sizes
				may be allowed by the Commissioner for the purpose of test marketing. Any
				changes in size to allow for test marketing must be specifically approved by
				the Department.
D. The minimum size
				for potatoes designated as chef(s) shall not be less than 2 3/4 inches in
				diameter or 8 ounces in weight.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 125 - OFFICIAL GRADES, STANDARDS AND INSPECTION REQUIREMENTS FOR POTATOES PACKED IN MAINE › Section 001-125-III - MAINE BAG GRADES

Current through 2024-29, July 17, 2024
A. "Baby Maine
				Grade" shall meet the following requirements:
1. Quality
a. U.S. No. 1
b. Washed
c. Clean
d. Fairly well matured
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 125 - OFFICIAL GRADES, STANDARDS AND INSPECTION REQUIREMENTS FOR POTATOES PACKED IN MAINE › Section 001-125-IV - ADDITIONAL REQUIREMENTS FOR MAINE BAG GRADES

Current through 2024-29, July 17, 2024
A. All consumer packs of potatoes shall have
				been treated with an approved sprout inhibitor after January 15th of each year
				at rates of application and otherwise as prescribed on the Pesticide label.
				Consumer packs may be subject to random sampling and laboratory testing by the
				residue testing section of a designated Laboratory for the presence of an
				approved sprout inhibitor.
B.
				Non-approved varieties are not allowed in a Maine Bag.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 125 - OFFICIAL GRADES, STANDARDS AND INSPECTION REQUIREMENTS FOR POTATOES PACKED IN MAINE › Section 001-125-V - STATE OF MAINE QUALITY TRADEMARK

Current through 2024-29, July 17, 2024
Only packers who seek and obtain from the Department, a State
				  of Maine Quality Trademark license shall be authorized to use said trademark.
				  The Trademark may only be used on containers meeting the Maine Bag Grades. Any
				  additional requirements set forth in the official use of the "State of Maine
				  Quality Trademark" (01-001 Chapter 135) must be complied
				  with.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 125 - OFFICIAL GRADES, STANDARDS AND INSPECTION REQUIREMENTS FOR POTATOES PACKED IN MAINE › Section 001-125-VI - NON-MAINE BAG DESIGNATIONS AND GRADES

Current through 2024-29, July 17, 2024
A.
				"Processing Grade" shall meet the following requirements:
1. Quality
a. Each lot shall consist of potatoes of one
				variety or similar varietal characteristics,
b. Each lot shall be free from blackheart,
				freezing injury, late blight, ring rot, soft rot or wet breakdown,
c. Each lot shall be free from serious damage
				caused by dirt or other foreign matter, hollow heart, internal discoloration,
				insects, larvae, sunburn or worms,
d. Each lot shall be free from very serious
				damage by bruises.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 125 - OFFICIAL GRADES, STANDARDS AND INSPECTION REQUIREMENTS FOR POTATOES PACKED IN MAINE › Section 001-125-VII - TOLERANCES

Current through 2024-29, July 17, 2024
To allow for variations incident to proper grading and
				  handling in each of the foregoing grades, the following tolerances, by weight
				  or equivalent basis, are provided as specified.
A. For Defects
1. Baby Maine Grade, Maine Grade, Maine Long
				White Grade and Maine Russet Grade.
a. A total
				of 8 percent of the potatoes in any lot may fail to meet the requirements of
				this grade; provided that included in this tolerance not more than the
				following percentages shall be allowed for the defects listed:
1. 5 percent for external defects,
2. 5 percent for internal defects,
3. 3 percent for potatoes which are affected
				by freezing, late blight, ring rot, soft rot, southern bacterial wilt or wet
				breakdown, including therein not more than 1 percent for potatoes which are
				frozen or affected by soft rot or wet breakdown.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 125 - OFFICIAL GRADES, STANDARDS AND INSPECTION REQUIREMENTS FOR POTATOES PACKED IN MAINE › Section 001-125-VIII - SAMPLES FOR GRADE AND SIZE DETERMINATION

Current through 2024-29, July 17, 2024
A. Individual samples shall consist of at
				least 20 pounds:
1. When individual packages
				contain at least 20 pounds, each individual sample is drawn from one
				package,
2. When packages contain
				less than 20 pounds, a sufficient number of adjoining packages are opened to
				provide at least a 20-pound sample,
3. The number of such individual samples
				drawn for grade and size determination will vary with the size of the
				lot.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 125 - OFFICIAL GRADES, STANDARDS AND INSPECTION REQUIREMENTS FOR POTATOES PACKED IN MAINE › Section 001-125-IX - MANDATORY INSPECTION AND SHIPPING

Current through 2024-29, July 17, 2024
A. All potatoes
				packed in Maine in consumer packs must be inspected and pass the grade and
				other requirements hereof.
1. Certification
a. No person shall pack potatoes in consumer
				packs unless he/she has given notice of intent to pack to the Department prior
				to the commencement of packing.
b.
				All potatoes shall be inspected and certified during the process of, or
				immediately prior to, being placed in a trailer or other conveyance, by a
				Federal/State or State Inspector, a Certified Seed Specialist or other
				person(s) authorized by the Department.
c. All potatoes shall meet or exceed the
				minimum grade requirements of the grade shown on the container.
d. Each lot of potatoes within or being
				placed in a trailer or other conveyance shall be covered by an unrestricted,
				original federal/state certificate of inspection or serialized notesheet that
				accurately describes the lot and includes the correct trailer, or other
				conveyance, or positive lot identification number.
e. Each Inspection Certificate shall be
				issued no more than four days prior to shipment.
f. Warehouse Certificates shall be
				unrestricted and include positive lot identification.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 125 - OFFICIAL GRADES, STANDARDS AND INSPECTION REQUIREMENTS FOR POTATOES PACKED IN MAINE › Section 001-125-X - PENALTIES

Current through 2024-29, July 17, 2024
Any person who violates any of the provisions of these
				  regulations shall be subject to the penalty provisions of Title 7 Maine Revised
				  Statutes Annotated and applicable Department Regulations.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 125 - OFFICIAL GRADES, STANDARDS AND INSPECTION REQUIREMENTS FOR POTATOES PACKED IN MAINE › Section 001-125-XI - VARIETIES

Current through 2024-29, July 17, 2024
Disputes arising concerning potato varieties shall be settled
				  by a determination of variety identification made by the Division of Plant
				  Industry of the Department or the Plant Genetics Section of a designated
				  University or other qualified resource. In the event that these resources do
				  not agree, the Commissioner shall be the final decision maker.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 126 - OFFICIAL USE OF BLUE, WHITE AND RED STATE TRADEMARK › Section 001-126-1 - Purpose of Trademark

Current through 2024-29, July 17, 2024
A. The Blue, White
				and Red design of the following proportion and description is hereby declared
				to be a trademark or brand for identifying Maine farm products to
				wit:
B. Three parallel stripes
				consisting of blue stripe at the top, white in the center and red at the
				bottom; the stripes to be of appropriate length and width for the tag, label,
				bag, package or container used, provided the blue and red stripes shall be of
				equal width and the white or natural color space separating the two shall be of
				width appropriate to contain the brands or trademark of the grower or shipper.
				Below the red stripe may appear the name and address of the grower or shipper
				and the grade and net weight, the words State of Maine shall appear in the blue
				stripe and the name of the produce in the red stripe, in Franklin Gothic
				letters or adaption of the same.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 126 - OFFICIAL USE OF BLUE, WHITE AND RED STATE TRADEMARK › Section 001-126-2 - Fee Requirement

Current through 2024-29, July 17, 2024
A .It is permissible for a grower, processor, handler or
				  shipper to use this trademark or brand on Maine grown and packaged farm produce
				  upon application accompanied by a two dollar fee to the Commissioner of
				  Agriculture and receiving from him a license granting the right to use the
				  same.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 126 - OFFICIAL USE OF BLUE, WHITE AND RED STATE TRADEMARK › Section 001-126-3 - Products to Meet Certain Requirements

Current through 2024-29, July 17, 2024
A. The
				above trademark or brands may be used only on products meeting the quality
				requirements of the official State of Maine Trademark Grades or Standards as
				promulgated by the Commissioner of Agriculture of the State of Maine. Official
				inspection must be employed by growers and shippers to verify the quality of
				products packed under said State of Maine Trademark.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 126 - OFFICIAL USE OF BLUE, WHITE AND RED STATE TRADEMARK › Section 001-126-4 - Design and Construction

Current through 2024-29, July 17, 2024
A. To facilitate
				the procurement of tags, labels, bags, containers or packages properly designed
				and constructed to display the official State of Maine Trademark the following
				regulations are established-
1. Manufacturers
				or distributors of tags, labels, bags, containers or packages shall make
				application to the Commissioner of Agriculture for a provider's license,
				accompanied by a five dollar registration fee and shall submit samples or
				designs of tags, labels, bags, packages or containers for approval by the
				Commissioner of Agriculture or properly authorized agent as to construction,
				adaptability and practicability for the use planned. If such designs or samples
				appear to be worthy of approval, the Commissioner will designate such
				manufacturer or distributor as an approved provider of such articles and will
				issue a license to that effect.
2.
				Granting of such license of approval to the provider shall be conditioned on
				the agreement of the manufacturer or distributor to furnish such trademarked
				merchandise only to such individuals, partnerships or corporations within the
				State of Maine who are entitled to use the same. The Commissioner of
				Agriculture will furnish approved providers with current lists of growers,
				shipper or handlers licensed to use said State of Maine Trademark.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 126 - OFFICIAL USE OF BLUE, WHITE AND RED STATE TRADEMARK › Section 001-126-5 - Who May Suspend License

Current through 2024-29, July 17, 2024
A. The Commissioner
				of Agriculture may suspend, revoke or cancel licenses of approved packers or
				providers for violation of any of the terms mentioned above in which case
				equitable arrangements will be made for manufactured goods in stock.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 131 - BONDING SCHEDULE FOR DEALERS IN AGRICULTURE COMMODITIES / DRY BEANS › Section 001-131-1 - Definitions

Current through 2024-29, July 17, 2024
A. The definitions contained in
				 7 M.R.S.A. §452
				apply to the defined words and phrases as used in this
				chapter.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 131 - BONDING SCHEDULE FOR DEALERS IN AGRICULTURE COMMODITIES / DRY BEANS › Section 001-131-2 - Bonding Schedule

Current through 2024-29, July 17, 2024
A. A license shall
				file a bond with the Commissioner within thirty (30) days of the date upon
				which he files his application for license.
B. The amount of a licensee's bond shall be
				determined by the greatest quantity of dry beans in which the licensee deals
				during any thirty (30) day period. The schedule of bonding shall be as
				follows:
Commodity Amount Bond Required
Up to 10,000 pounds in any 30 day period $ 5,000
10,000 to 20,000 " " " " " " $10,000
20,000 to 30,000 " " " " " " $15,000
30,000 to 40,000 " " " " " " $20,000
40,000 to 50,000 " " " " " " $25,000
50,000 to 60,000 " " " " " " $30,000
60,000 to 70,000 " " " " " " $35,000
70,000 to 80,000 " " " " " " $40,000
80,000 to 90,000 " " " " " " $45,000
90,000 to 100,000 " " " " " " $50,000
100,000 to 110,000 " " " " " " $55,000
110,000 to 120,000 " " " " " " $60,000
120,000 to 130,000 " " " " " " $65,000
130,000 to 140,000 " " " " " " $70,000
140,000 to 150,000 " " " " " " $75,000
150,000 to 160,000 " " " " " " $80,000
160,000 to 170,000 " " " " " " $85,000
170,000 to 180,000 " " " " " " $90,000
180,000 to 190,000 " " " " " " $95,000
190,000 to 200,000 " " " " " " $100,000
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 135 - OFFICIAL USE OF STATE OF MAINE QUALITY TRADEMARK › Section 001-135-I - Definitions

Current through 2024-29, July 17, 2024
Words in the regulations in this part in the singular form
				  shall be deemed to import the plural, and vice versa, as the case may demand.
				  For the purposes of the regulations in this part, unless the context otherwise
				  requires, the following terms shall have the following meanings:
A.
Commissioner
. "Commissioner"
				means the Commissioner of Agriculture, Food and Rural Resources.
B.
Licensed User
. "Licensed
				User" means any grower, packer, processor, handler, dealer, broker, shipper or
				manufacturer who has applied for and been issued a license to use the official
				quality trademark and the assigned permit number on tags, labels, bags,
				containers, packages or advertising material bearing their name and address.
C.
Manufacturer
.
				"Manufacturer" means a licensed distributor or producer of tags, labels, bags,
				containers or packages which incorporate the State of Maine Quality
				Trademark.
D.
Marketing
				Order
. "Marketing Order" means a marketing device containing minimum
				quality, condition or size requirements that licensed users or industry members
				have at their disposal to market any designated commodity.
E.
Permit Number
. "Permit
				Number" means assigned lot or permit number identifying the licensed user and
				appearing on the tag, label, bag, container or package as further
				identification.
F.
Producer
. "Producer" means the grower or supplier of any specified
				commodity.
G.
Standards
."Standards" means existing USDA grade standards, Maine
				grade standards, and approved industry standards that are clearly defined
				through measurable factors and designated as eligible for use of the
				trademark.
H.
Trademark
."Trademark" means a silhouette of the State of Maine as
				described in Section
				II of this regulation and designated
				as the official quality trademark for identifying quality State of Maine
				products.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 135 - OFFICIAL USE OF STATE OF MAINE QUALITY TRADEMARK › Section 001-135-II - Description of Trademark

Current through 2024-29, July 17, 2024
The State of Maine silhouette, as described below, is hereby
				  declared to be a trademark or brand for identifying quality Maine products, to
				  wit:
A. A silhouette of the State of
				Maine with two horizontal divisions of the State into three roughly equal
				sections or a facsimile design thereof. The center section shall be white or
				neutral in color, the top third shall be blue, and the lower third shall be
				red. The trademark shall specify the name of the product and the work "Maine"
				in the lower third, the grade of the product, or for products with multiple
				grades and designated commodities, the word "Quality" in the center third, and
				the words "State of Maine" in the upper third. If packaging or design
				constraints exist, a single color for the top and bottom thirds of the
				trademark with a contrasting lighter or neutral color in the center third may
				be used instead of the colors required above.
B. Minimum size for use is one inch by one
				inch, except on irregular or smaller size retail containers that are restricted
				to the area available for printed information. Smaller silhouettes may be
				approved upon submitting a request and the designs to be used to the
				Commissioner or Commissioner's designee. The license assigned permit number of
				the packer or licensed user must be included on the package directly beneath
				the trademark or immediately following the name and address on the
				package.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 135 - OFFICIAL USE OF STATE OF MAINE QUALITY TRADEMARK › Section 001-135-III - Use of the Trademark

Current through 2024-29, July 17, 2024
A. The use of the
				trademark is restricted to products and/or packages which meet the following
				conditions:
1. Meet or exceed a standard,
				specified grade, or minimum requirements, as discussed below;
2. Are subject to mandatory
				inspection;
3. Are produced and/or
				packaged by a licensed user who shall not permit its unauthorized use in
				advertising or in misrepresenting a sale on any product which does not meet the
				minimum requirements;
4. Are in
				containers produced by a licensed manufacturer;
5. Consists of commodities produced entirely
				in the State of Maine, unless the specific license agreement states otherwise;
				and,
6. Meet all other legal
				requirements of the State.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 135 - OFFICIAL USE OF STATE OF MAINE QUALITY TRADEMARK › Section 001-135-IV - Methods for Establishing Official Standards

Current through 2024-29, July 17, 2024
A. Where a marketing order exists
1. For all commodities subject to a State or
				Federal marketing order which provides for standard minimum grades, for
				mandatory use of the State of Maine Quality Trademark, and for mandatory
				inspection, any producer subject to the order is eligible to apply for a
				license to use the State of Maine Quality Trademark.
2. For all commodities subject to a State or
				Federal marketing order which provides for standard minimum grades, but not for
				mandatory use of the State of Maine Quality Trademark, or for mandatory
				inspection or for both, any producer subject to the order and willing to use
				mandatory inspection may apply for a license to use the State of Maine Quality
				Trademark.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 135 - OFFICIAL USE OF STATE OF MAINE QUALITY TRADEMARK › Section 001-135-V - Licensing Requirements

Current through 2024-29, July 17, 2024
A. To facilitate
				the procurement of tags, labels, bags, containers or packages properly designed
				and constructed to display the official State of Maine Quality Trademark, the
				following procedures are established:
1.
				Manufacturers of tags, labels, bags, containers, or packages which incorporate
				the State of Maine Quality Trademark must be licensed and apply annually to the
				Commissioner or the Commissioner's designee, for a provider's license,
				accompanied by a twenty-five dollar licensing fee. All licenses shall expire
				June 30th of each year. In no case shall the State of Maine Quality Trademark
				appear on a tag, label, bag, container or package without the permit number of
				the licensed user. Final samples or proofs of designs shall be submitted to the
				Commissioner or the Commissioner's designee for approval prior to distribution
				in marketing channels.
2. No
				manufacturer licensed as in 'V.A.I. above, may furnish such trademarked
				merchandise to any individuals, partnerships, or corporations who are not
				licensed to use the same. The Commissioner or authorized designee will furnish
				licensed manufacturers with a current list of approved licensed users of the
				State of Maine Quality Trademark.
3. No industry member may use this official
				quality trademark on products unless they have submitted an application
				accompanied by a twenty-five dollar fee to the Commissioner or authorized
				designee, and has received a license granting the right to use the same. No
				industry member may use the State of Maine Quality Trademark in advertisements
				or on products which fail to conform to the official standards established for
				the State of Maine Quality Trademark Program.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 135 - OFFICIAL USE OF STATE OF MAINE QUALITY TRADEMARK › Section 001-135-VI - Suspension of License

Current through 2024-29, July 17, 2024
The Commissioner may act, in accordance with the Maine
				  Administrative Procedures Act, to suspend or revoke licenses of manufacturers
				  or licensed users for violation of any of the terms mentioned above. The
				  accumulation of three or more violations involving misrepresentation of
				  quality, condition, size or other physical characteristics of the product in
				  connection with the use of the State of Maine Quality Trademark in any fiscal
				  year, shall be sufficient cause for the commencement of an action to suspend or
				  revoke the license.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 135 - OFFICIAL USE OF STATE OF MAINE QUALITY TRADEMARK › Section 001-135-VII - Penalties

Current through 2024-29, July 17, 2024
Violation of this section is a civil violation for which a
				  forfeiture not to exceed $50 may be adjudged for the first violation and a
				  forfeiture not to exceed $200 may adjudged for each subsequent violation.