reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 6 - PETITION FOR AGENCY RULEMAKING › Section 001-6-4 - ACTION ON PETITION

Current through 2024-29, July 17, 2024
A petition may be submitted with or without accompanying
				  signatures.
A. If the petition is
				submitted containing less than 150 signatures, and is in accordance with
				paragraphs 1, 2, and 3 herein, the Department may initiate appropriate
				rule-making proceedings but is not required to do so. If the Department does
				initiate appropriate rule-making proceedings, it shall send a copy of the
				notice of rulemaking to the person designated as the petitioners'
				representative. If the Department declines to initiate appropriate rule-making
				proceedings, it shall notify the designee, in writing, of its denial and state
				the reasons therefor. The Department shall initiate appropriate rule-making
				proceedings or send its written notice of denial, as the case may be, within 60
				days after receipt of the petition.
B. If a petition is submitted containing 150
				or more signatures in accordance with paragraphs 1, 2, and 3 herein, the
				Department shall initiate appropriate rule-making proceedings within 60 days
				after receipt of the petition. The Department shall send a copy of the notice
				of rule-making hearing to the designee of the petitioner(s) and any other
				person having requested such notice.
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Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 7 - ADOPTION OF AGRICULTURAL LAND INTEREST FORM › Section 001-7-1 - Definitions

Current through 2024-29, July 17, 2024
A. AFIDA - Agricultural Foreign Investment
				Disclosure Act.
B. Agricultural
				land - any land in Maine which is used or capable of use without substantial
				modification for production of agriculturally related products including, but
				not limited to, crops, livestock, poultry, dairy products and sod.
C. Interest in land - all forms of direct or
				indirect ownership of land except:
a.
				contingent future interests
b.
				noncontingent future interests which do not become possessory upon the
				termination of the present possessory estate
c. surface or subsurface easements and
				rights-of-way used for a purpose unrelated to agricultural
				production.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 7 - ADOPTION OF AGRICULTURAL LAND INTEREST FORM › Section 001-7-2 - Report Required

Current through 2024-29, July 17, 2024
A. Conditions
				requiring report. Any corporation or partnership which, on its own behalf or
				acting as a fiduciary or trustee on behalf of another, holds, acquires or
				transfers any interest in agricultural land shall submit an annual report to
				the Commissioner not later than 90 days after January 1st, or the date of that
				acquisition or transfer, Whichever is earlier.
B. Information required by statute includes:
a. The legal name and address of the
				corporation or partnership filing and type of legal entity;
b. the nature of the interest in agricultural
				land which that corporation or partnership has acquired or transferred and the
				date of that activity;
c. the legal
				description and acreage of the agricultural land;
d. the use of the agricultural land at the
				date of acquisition or transfer and the use to which the land shall be put by
				the person acquiring it;
e. the
				appraised value of the agricultural land and the consideration given;
f. the name, address and type of legal entity
				of the person from whom acquired or to whom transferred.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 9 - RULES REQUIRING USE OF BEST MANAGEMENT PRACTICES FOR GROWING CROPS TO MINIMIZE CROSS CONTAMINATION › Section 001-9-1 - SUMMARY

Current through 2024-29, July 17, 2024
This rule requires all persons planning to grow any crop to
				  follow best management practices in order to maintain the integrity of all
				  crops and minimize potential conflict between farmers. It also describes
				  several best management practices a person must consider in planning and
				  producing the crop.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 9 - RULES REQUIRING USE OF BEST MANAGEMENT PRACTICES FOR GROWING CROPS TO MINIMIZE CROSS CONTAMINATION › Section 001-9-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
As used in this chapter, the following terms have the
				  following meanings.
1.
Best
				management practices (BMPS) -
means those practices that are determined
				by the Commissioner of the Maine Department of Agriculture, Food & Rural
				Resources to be a preferred method or practice based upon best reasonably
				available and economically feasible methods and technologies that are
				technically and environmentally sound. BMPs are those practices best suited to
				preventing, reducing or correcting agriculture-related problems.
2.
Cross-contamination -
means
				the unintentional transfer and incorporation of genetic material between a
				genetically engineered crop, by cross-pollination or other means, and a
				non-genetically engineered crop or a wild population.
3.
Genetically engineered (GE) -
meansthe application of in vitro nucleic acid techniques, including
				recombinant deoxyribonucleic acid and direct injection of nucleic acid into
				cells or organelles, or the fusion of cells beyond the taxonomic family, that
				overcome natural physiological reproductive or recombinant barriers and that
				are not techniques used in traditional breeding and selection.
4.
Seed dealer -
means a person
				who cleans, processes, sells or offers for sale a genetically engineered plant
				part, seed or plant in the State.
5.
Manufacturer -
means a person
				that produces or commercializes a genetically engineered plant part, seed or
				plant, not including a farm operation for the purposes of Title 17, section
				2805.
6.
Technology use
				agreement -
means an agreement between a manufacturer and a farmer that
				controls the right to plant a given genetically engineered plant part, seed or
				plant on a specific area of land for a certain period of time.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 9 - RULES REQUIRING USE OF BEST MANAGEMENT PRACTICES FOR GROWING CROPS TO MINIMIZE CROSS CONTAMINATION › Section 001-9-3 - REQUIREMENT TO FOLLOW BEST MANAGEMENT PRACTICES (BMPs)

Current through 2024-29, July 17, 2024
1. Any person planning to grow crops must
				follow best management practices in selecting fields and cultivating the crop
				in order to maintain the integrity of all crops and minimize potential conflict
				between farmers.
2. Any person
				planning to grow a GE crop must also verify the type of seeds to be planted,
				read and understand the licensing agreement issued by the biotech seed
				supplier, follow all planting instructions, retain copies of any licensing
				agreements, and know the distance pollen is likely to travel.
3. Any person planning to grow a GE crop must
				also comply with the applicable Board of Pesticides Control regulations in
				Chapter 28 - Notification Provisions for Outdoor Pesticide Applications, and if
				it contains a plant incorporated pesticide, comply with Chapter 41- Special
				Restrictions on Pesticide Use.
4.
				The BMPs described in this rule were developed based on advice from a working
				committee composed of University of Maine Cooperative Extension scientists,
				conventional growers and organic growers. They were selected not only because
				they represent best available technology but also because they make both
				economic and environmental sense by providing the most benefit for the least
				cost. Furthermore, the BMPs may be revised over time as new research proceeds
				and agricultural knowledge is expanded.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 9 - RULES REQUIRING USE OF BEST MANAGEMENT PRACTICES FOR GROWING CROPS TO MINIMIZE CROSS CONTAMINATION › Section 001-9-4 - BEST MANAGEMENT PRACTICES (BMPs)

Current through 2024-29, July 17, 2024
1. Know
				your neighbors and neighboring crops.
A. Crop
				growers must be proactive and visually inspect both the fields they intend to
				plant and any adjacent land to see if there are any fields that could
				potentially be at risk from pollen transfer. Equally, the person concerned
				about cross-pollination or outcrossing must be proactive and seek to know when
				a person is growing a crop that could affect his/her crop.
B. Crop growers concerned about pollen
				transfer who see that there are adjacent fields managed by other farmers must
				initiate conversations with these neighbors to determine what crops they will
				be growing and discuss how to preserve the integrity of their crops before they
				are planted. These actions will minimize concerns over cross pollination and
				further the Department's goal of co-existence.
C. If there are conflicts or concerns about
				communication, the Department, the Board of Pesticides Control or Cooperative
				Extension may be able to help identify issues and possible solutions. A formal
				mediation process is also available and details may be found in the
				Department's Manual of Best Management Practices.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 9 - RULES REQUIRING USE OF BEST MANAGEMENT PRACTICES FOR GROWING CROPS TO MINIMIZE CROSS CONTAMINATION › Section 001-9-5 - COMPLAINTS THAT BEST MANAGEMENT PRACTICES NOT FOLLOWED

Current through 2024-29, July 17, 2024
1. Any person who believes that a grower is
				not following best management practices must notify the Department in writing
				and explain what practices are not being followed.
2. The Department will investigate and
				resolve any complaints according to the procedures established in applicable
				statutes and regulations.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 10 - RULES FOR THE AGRICULTURAL COMPLIANCE PROGRAM › Section 001-10-1 - summary

Current through 2024-29, July 17, 2024
These rules establish procedures for conducting the
				  Agricultural Compliance Program. This program handles complaints concerning
				  farms and farm operations under
				   17 M.R.S.A.
				  §§2701-B and
				  2805,
				  and investigates threats to human and animal health and safety and to the
				  environment under
				   7 M.R.S.A.
				  §17 and
				  7
				  M. R.S.A. Chapter 747. The procedures outlined in various sections of these
				  Rules are interrelated. Each element within these sections, if pertinent to the
				  issue under consideration, must be evaluated for inclusion in any complaint
				  resolution process. Likewise, all contributing factors to a complaint
				  concerning a farm or farm operation must be investigated and evaluated in order
				  that the issue may be fully resolved. Therefore, these rules outline a holistic
				  and consistent approach to addressing these issues on Maine farms under the
				  authority of these laws.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 10 - RULES FOR THE AGRICULTURAL COMPLIANCE PROGRAM › Section 001-10-4 - INVESTIGATION OF A POTENTIAL THREAT TO WATER QUALITY FROM ANIMAL WASTE

Current through 2024-29, July 17, 2024
In the event the agricultural compliance officer observes a
				  potential threat to water quality posed by the handling, storage or utilization
				  of animal waste, the agricultural compliance officer may initiate an
				  investigation under
				   7
				  M.R.S.A.§17 with or without having
				  received a complaint. Should the agricultural compliance officer determine that
				  a threat to water quality exists due to the failure to implement appropriate
				  best management practices, the agricultural compliance officer may implement
				  any relevant actions or procedures provided in these Rules.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 10 - RULES FOR THE AGRICULTURAL COMPLIANCE PROGRAM › Section 001-10-5 - EMERGENCY RESPONSE

Current through 2024-29, July 17, 2024
Notwithstanding these rules, if the agricultural compliance
				  officer determines that an emergency agriculture related problem exists he/she
				  may, in his/her discretion, immediately determine the changes needed in the
				  farm or farm operation to comply with best management practices, prescribe site
				  specific best management practices for that farm or farm operation to remedy
				  the problem and establish a timetable for the implementation of those best
				  management practices by the farm or farm operation. If the person responsible
				  for the farm or farm operation fails to implement the best management practices
				  as prescribed by the agricultural compliance officer, the department may
				  initiate a referral for an enforcement action as provided by
				   17 M.R.S.A.
				  §§2701-b and
				  2805,
				  as applicable.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 11 - RULES OF PROCEDURE GOVERNING AWARD OF DATES FOR AGRICULTURAL FAIRS › Section 001-11-1 - Scope

Current through 2024-29, July 17, 2024
These rules of procedure shall control in adjudicatory
				  hearings on the subject of assignment by the Commissioner of Agriculture, Food
				  & Rural Resources of dates for the operation of agricultural fairs by those
				  licensed by the Commissioner under
				   7 M.R.S.A.
				  §65.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 11 - RULES OF PROCEDURE GOVERNING AWARD OF DATES FOR AGRICULTURAL FAIRS › Section 001-11-2 - Notice

Current through 2024-29, July 17, 2024
Notice of an adjudicatory hearing within the scope of these
				  rules shall be given as follows:
A. To
				all persons, agricultural societies, associations and corporations who have
				made timely application for a license to conduct an agricultural fair under 7
				M.R.S.A. §65, by regular mail, sufficiently in advance of the hearing date
				to afford an adequate opportunity to prepare and submit evidence and argument;
				and
B. To all licensed pari-mutuel
				racing facilities and the Maine Harness Racing Commission; and
C. To the public sufficiently in advance of
				the hearing date to afford interested persons an adequate opportunity to
				prepare and submit evidence and argument, by publication, at least once in a
				newspaper of general circulation in the area of the state affected and in any
				other manner deemed appropriate by the agency.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 11 - RULES OF PROCEDURE GOVERNING AWARD OF DATES FOR AGRICULTURAL FAIRS › Section 001-11-3 - Participation

Current through 2024-29, July 17, 2024
A. All applicants filing a request to
				intervene shall be considered parties to the proceeding. The Commissioner may,
				by order, allow any other interested person, or any other agency of federal#
				state or local government, to intervene and participate as a full or limited
				party to the proceeding. This subsection shall not be construed to limit public
				participation in the proceeding in any other capacity.
B. Where appropriate the commissioner may
				require consolidations of presentations of evidence and argument by persons
				allowed to intervene under subsections A,.
C. The Commissioner may allow any of his
				staff to appear and participate in the adjudicatory proceeding.
D. Opportunity for public testimony shall be
				provided.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 11 - RULES OF PROCEDURE GOVERNING AWARD OF DATES FOR AGRICULTURAL FAIRS › Section 001-11-4 - Ex Parte Communications; Separation of Functions

Current through 2024-29, July 17, 2024
A. Communication prohibited. In any
				adjudicatory proceeding, no presiding officer designated by the Commissioner to
				make findings of fact and conclusions of law and no other person in a policy
				making position in the Department as defined in the Maine Administrative
				Procedure Act shall communicate directly or indirectly in connection with any
				issue of fact, law or procedure, with any party or other persons legally
				interested in the outcome of the proceeding, except upon notice and opportunity
				for all parties to participate.
B.
				Communication permitted. This section shall not prohibit any presiding officer
				described in subsection A from:
1.
				Communicating in any respect with other members of the agency or other
				presiding officers; or
2. Having
				the aid or advice of those members of his own agency staff, counsel or
				consultants retained by the agency who have not participated and will not
				participate in the adjudicatory proceeding in an advocate capacity.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 11 - RULES OF PROCEDURE GOVERNING AWARD OF DATES FOR AGRICULTURAL FAIRS › Section 001-11-5 - Opportunity to be Heard

Current through 2024-29, July 17, 2024
A. Unless limited
				by Commissioner's order pursuant to section 3.B or unless otherwise limited by
				the Commissioner to prevent repetition or unreasonable delay in proceedings,
				every party shall have the right to present evidence and arguments on all
				issues and the right to cross examine all other parties and their witnesses.
				The opportunity to question other persons shall be provided within the
				discretion of the-presiding officer.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 11 - RULES OF PROCEDURE GOVERNING AWARD OF DATES FOR AGRICULTURAL FAIRS › Section 001-11-6 - General Evidence and Testimony

Current through 2024-29, July 17, 2024
A. Rules of
				privilege. The Commissioner need not observe the rules of evidence observed by
				courts, but shall observe the rules of privilege recognized by law.
B. Evidence. Evidence shall be admitted if it
				is the kind of evidence upon which reasonable persons are accustomed to rely in
				the conduct of serious affairs. The Commissioner may exclude irrelevant or
				unduly repetitious evidence.
C.
				Witnesses. All witnesses shall be sworn.
D. Written evidence,- exception. No sworn
				written evidence shall be admitted unless the author is available for
				cross-examination or subject to subpoena, except for good cause
				shown.
E. Witnesses are encouraged
				to submit evidence and testify on the following factors:
1. A licensee's traditional agricultural.
				fair dates;
2. Improvement of fair
				facilities made by the licensee;
3.
				Desirability of particular dates for promotion of specific agricultural
				program, products or ideals;
4.
				Demonstration of economic damage due to competition from other agricultural
				fairs in geographic proximity operating on the same dates. Evidence shall
				include, but not be limited to, general trends shown by,
a. Gate receipts;
b. Attendance figures;
c. Number of entrants in events;
d. Midway profits; and
e. Premiums paid
5. Demonstration of organizational
				difficulties due to competition from other agricultural fairs in geographic
				proximity operating on the same dates. Evidence shall include, but not be
				limited to,
a. Difficulty in scheduling events
				and shows; and
b. Contracting for
				midway, publication and constable services; and
6. Economic benefits and costs of a
				particular date.
7. Fairs which
				have pari-mutuel harness racing dates may submit testimony on;
a. The impact on racing of those
				dates;
b. The handle which the fair
				has experienced over the last several years;
c. The racing facilities the conditions and
				improvement of those facilities;
d.
				Availability of horses; and
e.
				other information relevant to any possible conflict that the proposed dates may
				have with other fairs or
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 11 - RULES OF PROCEDURE GOVERNING AWARD OF DATES FOR AGRICULTURAL FAIRS › Section 001-11-7 - Official Notice

Current through 2024-29, July 17, 2024
A. Official notice.
				The Commissioner may take official notice of any facts of which judicial notice
				could be taken, and in addition may take official notice of general, technical
				or scientific matters within his specialized knowledge and of statutes,
				regulations and nonconfidential agency records. Parties shall be notified of
				the material so noticed, and they shall be afforded an opportunity to contest
				the substance or materiality of the facts noticed.
B. Facts. Facts officially noticed shall be
				included and indicated as such in the record.
C. Evaluation of evidence. Notwithstanding
				the foregoing, the Commissioner may utilize his experience, technical
				competence and specialized knowledge in the evaluation of the evidence
				presented to him.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 11 - RULES OF PROCEDURE GOVERNING AWARD OF DATES FOR AGRICULTURAL FAIRS › Section 001-11-8 - Conclusion of the Hearing

Current through 2024-29, July 17, 2024
A. At the
				conclusion of the hearing, no other evidence or testimony will be allowed into
				the record except as provided in paragraph B.
B. Written statements or comments concerning
				the proposed dates may be filed with the Commissioner within ten (10) days
				after the close of the hearing, or within such longer time as the Commissioner
				may direct.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 11 - RULES OF PROCEDURE GOVERNING AWARD OF DATES FOR AGRICULTURAL FAIRS › Section 001-11-9 - Record

Current through 2024-29, July 17, 2024
A record shall be made consisting of:
A. All applications for licenses and date
				requests under 7 M.R.S.A. §65;
B. Evidence received or considered,
C. A statement of facts officially
				noticed;
D. Comments and statements
				submitted during the comment period; and
E. The determination of the
				Commissioner.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 11 - RULES OF PROCEDURE GOVERNING AWARD OF DATES FOR AGRICULTURAL FAIRS › Section 001-11-10 - Decision

Current through 2024-29, July 17, 2024
All material including records, reports and documents in the
				  possession of the commissioner, of which he desires to avail himself as
				  evidence in making a decision, shall be offered and made a part of the record
				  and no other factual information or evidence shall be considered in rendering a
				  decision.
The decision made at the conclusion of an adjudicatory
				  proceeding shall be in writing or stated in the record, and shall include
				  findings of fact sufficient to apprise the parties and any interested member of
				  the public of the basis for the decision. A copy of the decision shall be
				  delivered or promptly mailed to each party to the proceeding or his/her
				  representative of record. Written notice of the party's rights to review or
				  appeal of the decision within the agency or review of the decision by the
				  courts, as the case may be, and of the action required and the tine within
				  which such action must be taken in order to exercise the right of review or
				  appeal, shall be given to each party within the decision.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 11 - RULES OF PROCEDURE GOVERNING AWARD OF DATES FOR AGRICULTURAL FAIRS › Section 001-11-11 - Delegation

Current through 2024-29, July 17, 2024
A. The Commissioner may authorize any agency
				member, employee or agent to act as a presiding officer in the adjudicatory
				hearing to conduct the hearing in his behalf according to these rules of
				procedure.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 12 - AGRICULTURAL FAIRS - LICENSING › Section 001-12-1 - Definitions

Current through 2024-29, July 17, 2024
As used in this chapter and unless the context otherwise
				  indicates, the following words shall have the following meanings:
A. Agricultural fair. "Agricultural fair"
				means a bona fide exhibition designed to promote education and encourage
				improvement in agriculture and shall include, but not be limited to, the
				following components distributed throughout the duration of the exhibition:
1. Competition for premiums or purses on
				three or more species of livestock; "species' could be equine, bovine, poultry
				or other;
2. Display of and
				competition for premiums or purses on horticultural products of a variety and
				quality characteristic of the region and date; and
3. Presentation of activities and projects
				undertaken by agricultural youth organizations in the
				region.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 12 - AGRICULTURAL FAIRS - LICENSING › Section 001-12-2 - Application for License

Current through 2024-29, July 17, 2024
A. Any person,
				agricultural society, association or corporation intending to conduct an
				agricultural fair shall apply for a license therefor on a form prescribed by
				the Commissioner and accompanied by a $10 license fee.
1. Any application which the Commissioner
				determines contains insufficient information shall be returned to the
				applicant.
2. The applicant shall
				provide assurances of the nature and scope of the intended activities
				sufficient to satisfy the Commissioner that the applicant intends to conduct an
				agricultural fair.
3. The
				application shall be signed and sworn to by the person or executive officer of
				the agricultural society, association or corporation.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 12 - AGRICULTURAL FAIRS - LICENSING › Section 001-12-3 - Award of Licenses

Current through 2024-29, July 17, 2024
The Rules of Procedure Governing Award of Dates for
				  Agricultural Fairs (01-001, Chapter 11) shall govern the awarding of
				  licenses.
Pursuant to the amendments by Chapter 180, Public Laws 1983,
				  Sections
				  3 and 4, all fair licenses shall be for
				  a period of three calendar years following the date of the application.
				  Applications for a license shall be submitted to the Commissioner not later
				  than November 15th, prior to the period during which the fair is to be held.
				  The application shall be submitted on a prescribed form provided by the
				  Commissioner and he accompanied by a $10 application fee.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 13 - AGRICULTURAL FAIRS PERFORMANCE EVALUATION › EVALUATION RECORD FOR AGRICULTURAL FAIRS › Section 001-13-I - MANAGEMENT

Current through 2024-29, July 17, 2024
CRITERIA
STANDARD OF MEASUREMENT
RATING
VG
A
P
EFFICIENCY
Crowd Management
Timeliness
Provisions made to accommodate crowds with minimal
								delay and disruption.
Fair and events begin and end on schedule.
3
3
2
2
1
1
PERSONNE
L Assignment
Training
Conduct
Functions are covered by staff.
Staff
								know their responsibilities.
Staff conduct themselves in courteous,
								friendly manner.
3
3
3
2
2
2
1
1
1
ADMINISTRATION
Competition
Premiums
Management
Exercises supervision to assure fair competition in
								events.
Premiums are disbursed efficiently and fairly.
Fair administrators are present, accessible, in control, and capable.
3
3
3
2
2
2
1
1
1
PROMOTION
Fair Pamphlet
Advertisement
Signs
Adequate brochure showing scheduled events and
								competition.
Advertisement for fair is effective.
Directions to fair are visible and adequate in number.
3
3
3
2
2
2
1
1
1
SAFETY
Hazards
Security
Emergencies
Lost people
Fair is free of unnecessary hazards.
Security personnel are adequate.
Facilities and personnel are
								arranged for emergencies.
Provisions are made by which lost people
								can be easily located.
3
3
3
3
2
2
2
2
1
1
1
1
ATMOSPHERE
Wholesomeness
Friendliness
Public Attitude
All attractions promote high standard of
								conduct.
Neighborly community participation.
Public is
								enthusiastic.
3
3
3
2
2
2
1
1
1
Value of items circled ______ divided by number of items
					 circled _______ = Average Score ____________
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 13 - AGRICULTURAL FAIRS PERFORMANCE EVALUATION › EVALUATION RECORD FOR AGRICULTURAL FAIRS › Section 001-13-II - QUALITY OF STANDARD AGRICULTURAL ATTRACTIONS

Current through 2024-29, July 17, 2024
A.
Livestock
Event:
SHOW
EXHIBIT
DEMONSTRATION
PULLING
Standard:
Animals are clean, healthy, well
								presented. Competition is fair & explained.
Attractive display
								with labels and educational material available.
Activity is explained,
								inspires viewer, meets the purpose of the demonstration.
Rules are
								implemented, public is informed.
Rating:
VG A
								P
VG A P
VG A P
VG A P
Horses & Ponies
3 2 1
3 2
								1
3 2 1
3 2 1
Dairy Cattle
3 2 1
3 2 1
3 2 1
Beef Cattle
3 2 1
3 2 1
3 2 1
Oxen/Steer
3 2 1
3 2 1
3
								2 1
3 2 1
Sheep
3 2 1
3 2 1
3 2
								1
Goats
3 2 1
3 2 1
3 2
								1
Poultry
3 2 1
3 2 1
3 2
								1
Other
3 2 1
3 2 1
3 2
								1
Other
3 2 1
3 2 1
3 2
								1
Other
3 2 1
3 2 1
3 2
								1
B.
Horticultural, Home Arts and Crafts
Standard: Food products are fresh, without defect, and well
					 presented. Attractions have educational value through labeling of varieties,
					 information on growing, harvesting, preparation.
VG
A
P
COMMENT
Vegetables, fruits, grains
3
2
1
Flowers
3
2
1
Home canned & cooked food
3
2
1
Dairy, poultry, or other products
3
2
1
4-H, FFA, and other clubs
3
2
1
Grange and other exhibits
3
2
1
C.
Non-Food Attractions
Standard: Clean, well presented, and has educational value.
					 Rating should consider the purpose of each attraction and how well the
					 attraction meets that purpose. Demonstrations should be accessible and be
					 clearly explained.
Event:
EXHIBIT
DEMONSTRATION
COMMENT
VG
A
P
VG
A
P
Mechanic Arts
								&Crafts
3
2
1
3
2
1
Photographs &
								Paintings
3
2
1
3
2
1
Energy
								Exhibit
3
2
1
3
2
1
Domestic & Fancy Needle
								Work
3
2
1
3
2
1
Other:
3
2
1
3
2
1
Other:
3
2
1
3
2
1
Value of items on pages 4 and 5 (A, B, and C)
								_______ divided by number of items circled ______ divided by number of items
								circled ______ = Average Score ___________
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 13 - AGRICULTURAL FAIRS PERFORMANCE EVALUATION › EVALUATION RECORD FOR AGRICULTURAL FAIRS › Section 001-13-III - QUALITY OF SPECIAL ATTRACTIONS

Current through 2024-29, July 17, 2024
ATTRACTION
STANDARD
VG
A
P
1. Agricultural Exhibit (other than included in
								section
								II, -- e.g. Farm Museum)
______________
Well arranged,
								educational, accessible
3
2
1
______________
(Same as
								above)
3
2
1
______________
(Same as
								above)
3
2
1
2. Agricultural Events
Petting Zoos
Safe, clean, healthy
								animals
3
2
1
Scrambles
Safe, not harmful to
								animals
3
2
1
Woodsmen Days
Safe, well
								managed
3
2
1
Sheep dog trails
Safe, well
								managed
3
2
1
Tractor pulls
Fair
								competition
3
2
1
3. Other Agriculture Attractions
_____________
Safe, creative,
								interesting
3
2
1
_____________
(Same as
								above)
3
2
1
_____________
3
2
1
_____________
3
2
1
_____________
3
2
1
_____________
3
2
1
4. Agricultural Commercial
Exhibit
Type:___________
Interesting, relevant to
								rural living
3
2
1
_____________
(Same as
								above)
3
2
1
5. Harness Racing
Healthy horses, clean
								track,
3
2
1
efficient betting, security enforced.
6. Non Agricultural Commercial
Relevant to
								rural living, attractive,
interesting.
3
2
1
___________
3
2
1
___________
3
2
1
___________
3
2
1
___________
3
2
1
___________
3
2
1
Type:____________
(Same as
								above)
3
2
1
7. Carnival
Rides
Safe, clean, supervised
								fair,
3
2
1
attractive, good quality,
								clean.
3
2
1
Games
(Same as
								above)
3
2
1
Food
(Same as
								above)
3
2
1
8. NonAgriculture
								Entertainment-Standard: Well managed, attractive, safe
ATTRACTION
VG
A
P
Children's Area
3
2
1
Firemen's Muster
3
2
1
Musical
								Entertainment
3
2
1
Drag Races
3
2
1
Parades
3
2
1
Auctions
3
2
1
_____________
3
2
1
_____________
3
2
1
_____________
3
2
1
_____________
3
2
1
_____________
3
2
1
_____________
3
2
1
_____________
3
2
1
_____________
3
2
1
Value of items circled ___________divided by number
								of items circled_____________ = Average Score____________
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 13 - AGRICULTURAL FAIRS PERFORMANCE EVALUATION › EVALUATION RECORD FOR AGRICULTURAL FAIRS › Section 001-13-IV - QUALITY OF PHYSICAL PLANT

Current through 2024-29, July 17, 2024
CRITERIA
STANDARD
VG
A
P
ACCESS
Access to fair
Safe and easy access in
								and out of fair.
3
2
1
Parking
Sufficient parking within
								reasonable
distance.
3
2
1
CLEANLINESS
Incentive for cleanliness.
Trash
								containers and clean up crews in
3
2
1
evidence.
BUILDINGS
Buildings in good repair and
								condition, safe,
3
2
1
ventilated and capable of handling crowds.
GROUNDS
Layout
Attractive, with vegetation, and
								capable of
3
2
1
handling flow of people.
Condition
In good repair, walkways
								delineated, land-
3
2
1
scaped, dust kept to minimum.
FACILITIES
Participants
Adequate space for exhibits
								and
3
2
1
demonstrations.
Rest-rooms
Sufficient number of clean
								restrooms.
3
2
1
Special Facilities
Special facilities for
								handicapped and
3
2
1
elderly.
Rest Facilities
Sufficient rest
								facilities (benches, picnic
3
2
1
tables)
Emergency Facilities
First aid and
								personnel available.
3
2
1
FOOD & DRINK
Food
Food services adequate in number,
								clean,
3
2
1
good quality.
Drinking Fountains
Adequate number
								available and accessible.
3
2
1
Value of items circled________ divided by number of
								items circled____________ = Average Score ________
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 13 - AGRICULTURAL FAIRS PERFORMANCE EVALUATION › EVALUATION RECORD FOR AGRICULTURAL FAIRS › Section 001-13-V - AGRICULTURAL EMPHASIS

Current through 2024-29, July 17, 2024
1.
2.
3.
4.
5.
Number of attractions in II. Standard Agricultural
								Attractions __________
+
Number of attractions in III. Special Attractions
								1-4 __________
=
Total number of agriculture events __________
+
Number of non-agricultural events in III. Special
								Attractions 5-8 __________
=
Index of Agricultural Emphasis __________
SCORE
SCORE: If index is less than .5, score is 1.
If index is at least .5 but less than .7, score is
					 2.
If index is greater than .7, score is 3.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 13 - AGRICULTURAL FAIRS PERFORMANCE EVALUATION › EVALUATION RECORD FOR AGRICULTURAL FAIRS › Section 001-13-VI - VARIETY

Current through 2024-29, July 17, 2024
SCORE
It the total number of agricultural events, Box 3 above, is
					 less than .5, score is -6.
If the total number of agricultural events, Box 3 above, Is
					 5-10, score is 2.
If the total number of agricultural events, Box 3 above, Is
					 10 or more, score is 3.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 20 - APPLE MARKET ORDER › Section 001-20-I - DEFINITIONS

Current through 2024-29, July 17, 2024
Unless otherwise provided herein, all terms shall have the
				  meanings indicated in Title
				   7 M.R.S.A. §423
				  or in the applicable rules of the Department, [01-001 CMR 4].
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 20 - APPLE MARKET ORDER › Section 001-20-II - APPLE MARKETING COMMITTEE

Current through 2024-29, July 17, 2024
The Apple Marketing Committee shall be established consistent
				  with the Agricultural Commodities Marketing Act and the rules of the Department
				  pertaining to the adoption of Apple Market Orders and Market Agreements. it
				  shall include 6 members, one of whom should be the Commissioner or his designee
				  from the Department who shall serve ex-officio in an advisory non-voting
				  capacity and five of whom shall be apple producers.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 20 - APPLE MARKET ORDER › Section 001-20-IV - PURPOSE OF EXPENDITURES

Current through 2024-29, July 17, 2024
Expenditures of the assessment under this order shall be for
				  the purpose of providing advertising, promotion, and publicity regarding
				  apples, for obtaining market and product research, for providing informational
				  services, and for such other purposes as may be determined by rule of the
				  commissioner upon advice and consultation with the Apple Marketing
				  Committee.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 20 - APPLE MARKET ORDER › Section 001-20-V - STATUTORY AUTHORITY

Current through 2024-29, July 17, 2024
STATUTORY AUTHORITY: Title
				   7 M.R.S.A. §§421
				  -
				  430.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 25 - RULES FOR ADOPTION OF FRESH BLUEBERRY MARKET ORDERS › Section 001-25-1 - Definitions

Current through 2024-29, July 17, 2024
Unless otherwise provided in these rules, all terms shall
				  have the meanings indicated in the Agricultural Commodities Marketing Act,
				   7 M.R.S.A.
				  §423. In addition, the following terms
				  shall have the following meanings unless the context otherwise requires.
A.  Act means the Agricultural Commodities
				Marketing Act,
				 7 M.R.S.A. §§421
				-
				430.
B. Blueberries means all so-called
				wild, low-bush blueberries produced in the State of Maine for purposes of sale
				on the fresh market.
C. Blueberry
				Marketing Committee means the Committee established pursuant to Section
				3 herein.
D. Blueberry handler means any person engaged
				in packing blueberries, or any cooperative which is marketing blueberries
				packed by its producer-members.
E.
				Commodity area, for purposes of §425 of the Act, shall mean the entire
				State of Maine.
F. Consumer pack
				means a container of blueberries which is destined for sale to consumers and
				which is not greater than a liter in capacity.
G. Initial Referendum means the referendum
				ratifying the blueberry market order pursuant to the Act.
H. Marketed within the State, for purposes of
				§429 of the Act, means any blueberries marketed or destined for fresh
				market use, regardless of destination, by blueberry handlers.
I. Marketing means the act or process of
				selling, offering or holding for sale, shipping, packing or branding for sale,
				advertising or otherwise dealing in blueberries.
J. Marketing year means the calendar
				year.
K. Packing means packaging or
				placing in consumer packs destined for market.
L. Participated in the Referendum, for
				purposes of establishing compliance with §425 of the Act, means filed a
				qualifying and properly completed ballot in the initial referendum, including
				both affirmative and negative ballots.
M. Persons to be affected, for purposes of §425 of the Act,
				shall include all blueberry handlers.
N. Pint(s) or equivalent means an amount of
				blueberries, whether or not packed in pint containers, which is quantified in
				terms of the number of pints therein.
O.
				 Preceding marketing season, for purposes of §425 of the Act
				and the terms of these regulations means the preceding calendar
				year.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 25 - RULES FOR ADOPTION OF FRESH BLUEBERRY MARKET ORDERS › Section 001-25-2 - Exemptions

Current through 2024-29, July 17, 2024
Neither these rules nor the Fresh Blueberry Market Order
				  shall apply to any of the following:
A. Blueberry handlers who market less than
				10,000 pints or equivalent of blueberries in the then current calendar
				year;
B. Blueberries sold at
				farmstands; or
C. Blueberry
				handlers who apply for and receive written waiver from the Commissioner. The
				Commissioner shall grant such a waiver only upon written application of the
				handler, demonstrating to the Commissioner's satisfaction that the blueberries
				at issue will be sold only to relatively small local markets in the area, and
				that granting the waiver will not adversely affect the blueberry industry. The
				waiver shall be for such time period and on such conditions as the Commissioner
				may specify.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 25 - RULES FOR ADOPTION OF FRESH BLUEBERRY MARKET ORDERS › Section 001-25-3 - Referendum Procedures

Current through 2024-29, July 17, 2024
A. Adoption by the
				Commissioner. After public hearing and the close of time for submission of
				written comments on any proposed market order, the Commissioner may, upon
				finding that the market order will effectuate the legislative policy of the
				Act, adopt such order with such amendments as he deems appropriate in response
				to comments received.
B.
				Distribution of Ballots. Upon his adoption of a market order, referendum
				ballots shall be distributed by the Commissioner to all blueberry handlers, the
				names of which the Commissioner shall use due diligence to determine.
C. Return of Ballot. Blueberry handlers shall
				return the referendum ballot within the time specified thereon. On the ballot,
				the handler shall indicate its name, address, the volume of blueberries in
				pints or equivalent marketed in consumer packs during the preceding marketing
				season and an affirmative or negative vote on the proposed market order. Any
				person voting on behalf of a handler which is a corporation or business
				association shall indicate his authority to do so. All ballots shall be signed
				and certified as to their truth.
D.
				Validity of Ballots. The referendum ballots shall be considered by the
				Commissioner if they are received within the specified period. The Commissioner
				shall not consider a referendum ballot which he determines is not properly
				completed and signed.
E. Criteria
				for Passage. The referendum shall be deemed to have passed if the Commissioner
				determines that 66 2/3% or more of the blueberry handlers participating in the
				referendum have voted in favor of the market order and that the affirmative
				vote represents at least 51% of the quantity of blueberries marketed in the
				preceding marketing season, as shown on the ballots submitted by those
				participating in the referendum,- or, in the alternative, if the Commissioner
				determines that 51% or more of the blueberry handlers who participated in the
				referendum have voted in favor of the market order and that affirmative vote
				represents at least 66 2/3% of the quantity of blueberries marketed during the
				preceding marketing season, as shown on the ballots submitted by those
				participating in the referendum.
F.
				Certification. The Commissioner shall certify the results of the referendum to
				the Attorney General and shall file the order with the Secretary of
				State.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 25 - RULES FOR ADOPTION OF FRESH BLUEBERRY MARKET ORDERS › Section 001-25-4 - Establishment of the Blueberry Marketing Committee

Current through 2024-29, July 17, 2024
A. Membership. There shall be six members of
				the Blueberry Marketing Committee. These members shall use their best efforts
				to represent the entire blueberry industry. Two members shall be blueberry
				producers who are not blueberry handlers. One member shall be the commissioner
				or his designee, who shall be an ex-officio, non-voting member of the
				Committee.
B. Initial Appointments.
				The members of the initial Blueberry Marketing Committee, other than the
				ex-officio member, shall be selected and appointed by the Commissioner from
				nominations made through the following procedure:
I. As soon as possible following the adoption
				of the Blueberry Marketing Order, the Commissioner shall cause to be held a
				meeting or meetings of blueberry handlers, at which time those in attendance
				shall nominate as many persons from the industry, including handlers and
				producers, as they wish.
II. In
				making initial appointments to the Committee, the Commissioner shall consider
				those nominated and shall select a group which he considers to be equitably
				representative of the affected industry. In order to achieve this end, he may
				consider persons who are not nominated by blueberry handlers, although not less
				than three of their nominees shall be appointed.
The persons initially appointed by the Commissioner to the
				  Blueberry Marketing Committee shall continue in such capacity until replaced by
				  elected members, but not later than July 1, 1986.