reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-17 - Subpoenas

Current through 2024-29, July 17, 2024
A. Any person may request the issuance of a
				subpoena by the Commissioner or the Board to compel the attendance of witnesses
				and the production of books, documents and records anywhere in the State in any
				hearing which is the subject of these rules of procedure, provided that only
				the Board may issue a subpoena when it relates to the subjects described in
				Section 1(B) of these rules of procedure.
B. Subpoenas will be issued only when the
				testimony or documents sought by subpoena are relevant to any issue of fact in
				the proceeding.
C. Subpoenas will
				be issued in accordance with the following procedure;
1. Subpoenas requested may only be issued
				when request therefore is made to the Commissioner of the Board at least ten
				(10) days prior to the date for the hearing, unless good cause is shown why
				such request could not have been made at such time.
2. The form of the subpoena shall be similar
				to that used in civil cases before the courts. Witnesses subpoenaed shall be
				paid the same fee for attendance and travel as in civil cases before the court
				and such fees shall be paid by the person requesting the subpoena.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-18 - 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 by subsection B or section 19 of these
				rules.
B. Written statements and
				briefs concerning the proposed rule, as well as proposed findings of fact and
				conclusions of law, may be filed with the Commissioner or Board within 10 days
				after the close of the public hearing, or within such longer time as the agency
				may direct.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-19 - Reopening of Record

Current through 2024-29, July 17, 2024
At any time prior to a final decision, the Commissioner or
				  the Board may reopen the record for further proceedings, consistent with these
				  rules and procedures provided that the Commissioner and the Board shall provide
				  timely notice of such further proceedings prior to such
				  proceedings.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-20 - Record

Current through 2024-29, July 17, 2024
A. The record shall consist of:
1. all applications, pleadings, notions and
				preliminary rulings and orders;
2.
				evidence received or considered;
3.
				all staff memoranda submitted to the Commissioner or members of the Board, by
				Board staff or the Commissioner's staff in connection with their consideration
				of the case, except memorandum of counsel of the Commissioner or the
				Board;
4. the determination of the
				Commissioner; and
5. the decision
				of the Board.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-21 - Decisions

Current through 2024-29, July 17, 2024
A. The Commissioner shall render his
				determination on proposals which are the subject of section I(A) of these rules
				of procedure prior to any, determination by the Board.
B. Within seven (7) days of the date when the
				Commissioner's determination has been mailed to each party to the proceedings,
				any such party may file a supplemental brief to the Chairman of the Board
				setting forth such party's views as to why the Board should or should not
				approve the Commissioner's determination. Such briefs may also include
				arguments in support of any motion to re-open the record in view of the
				determination of the Commissioner.
C. Decisions of the Commissioner and the
				Board made at the conclusion of these procedures shall be in writing and shall
				include the factual and policy basis for the determination. The Board shall
				maintain a record of the vote of each member of the Board with respect to the
				Board's decision. A copy of the decisions shall be delivered or promptly mailed
				to each party to the proceeding or his representative of record.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-22 - Time Calculations

Current through 2024-29, July 17, 2024
In computing any period of time prescribed by these rules of
				  procedure or otherwise specified in the course of the hearing by the presiding
				  officer or otherwise, the day of the act or event after which the designated
				  period of time begins to run is not to be included. The last day of the period
				  so computed is to be included, unless it is a Saturday, a Sunday, or a holiday.
				  When the period of time prescribed or specified is less than 7 days,
				  intermediate Saturdays, Sundays and holidays shall be excluded in the
				  computation.
For the purpose of this section, legal holidays shall include
				  days on which the Chief Justice of the Supreme Judicial Court specifically
				  orders the Clerk's office closed.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 2 - RULES FOR ADOPTION OF MARKET ORDERS AFFECTING AGRICULTURAL COMMODITIES › Section 001-2-1 - 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 for purposes of these rules and any market
				  order adopted hereunder except as otherwise specified in a particular market
				  order or unless the context otherwise requires.
A. Act means the Agricultural Commodities
				Marketing Act,
				 7 M.R.S.A. §§421
				-
				430.
B. Agricultural commodity means an
				agricultural commodity, as defined in the Act, which is covered by a market
				order adopted under the Act.
C.
				Commodity area, for purposes of §425 of the Act, means the entire State of
				Maine, except as a particular market order may specify one or more counties or
				areas of the State to which that market order is limited in effect.
D. Commercial Pack means a container of an
				agricultural commodity, packaged for shipment or sale to a consumer,
				wholesaler, retailer or other purchaser.
E. Initial Referendum means the referendum
				ratifying the market order pursuant to the Act.
F. Market or Marketing. means the act or
				process of selling, purchasing, offering or holding for sale, shipping,
				storing, packing or branding for sale, advertising or otherwise dealing in an
				agricultural commodity produced in Maine, regardless of destination.
G. Marketing year means the year beginning
				with the date of harvest of an agricultural commodity and extending until the
				date of the harvest of that commodity in the following year. The particular
				beginning and ending dates of a marketing year may be established by each
				market order.
H. Packing means
				packaging or placing in commercial packs.
I. Participated in the Referendum, for
				purposes of §425 of the Act, means filed a qualifying and properly
				completed ballot in the initial or any subsequent referendum, including both
				affirmative and negative ballots.
J.
				Persons affected, for purposes of §425 of the Act, shall include all
				non-exempt producers of the agricultural commodity covered by a market order;
				provided that a particular market order may include within this term others
				involved in marketing an agricultural commodity.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 2 - RULES FOR ADOPTION OF MARKET ORDERS AFFECTING AGRICULTURAL COMMODITIES › Section 001-2-2 - Exemptions

Current through 2024-29, July 17, 2024
A market order shall not apply to any of the
				  following:
A. Producers or handlers
				who market agricultural commodities in an amount or of a type which is exempt
				under an applicable market order.
B. Agricultural commodities sold at markets
				which are exempted by an applicable market order.
C. Others who apply for and receive a written
				waiver from the Commissioner if provided for under an applicable market order.
				The Commissioner shall grant such a waiver only upon written application of the
				person involved demonstrating to the Commissioner's satisfaction that the
				agricultural commodity at issue will be sold only to small local markets in the
				area, and that granting the waiver will not adversely affect the markets or
				best interests of the industry involved. 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 2 - RULES FOR ADOPTION OF MARKET ORDERS AFFECTING AGRICULTURAL COMMODITIES › Section 001-2-3 - 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 are deemed appropriate.
B. Distribution of Ballots. Upon adoption of
				a market order, referendum ballots shall be distributed by the Commissioner to
				all persons affected by the market order, as specified therein. The
				Commissioner shall use due diligence to determine such names but shall not be
				responsible for failure to send ballots to those whose names are not known to
				the Commissioner, and the effectiveness of the market order shall not be
				affected thereby.
C. Return of
				Ballot. Persons receiving ballots shall return the same within the time
				specified thereon. On the ballot, the person shall indicate his/her/its name,
				address, the volume of agricultural commodity, in terms as specified in the
				market order or on the ballot, which was marketed during the preceding
				marketing year, and an affirmative or negative vote on the proposed market
				order. Anyone voting on behalf of a corporation or business association shall
				indicate the 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 is determined not to be 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 those 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 the agricultural commodity subject to the market order that
				was marketed in the preceding marketing year by those participating, as
				reflected by the ballots submitted; or, in the alternative, if the Commissioner
				determines that 51% or more of those who participated in the referendum have
				voted in favor of the market order and that the affirmative vote represents at
				least 66 2/3% of the quantity of the agricultural commodity subject to the
				market order that was marketed during the preceding marketing year by those
				participating, as reflected by the ballots submitted.
F. Certification. If the market order is
				ratified, the Commissioner shall certify the results of the referendum to the
				Attorney General and shall file the market order with the Secretary of
				State.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 2 - RULES FOR ADOPTION OF MARKET ORDERS AFFECTING AGRICULTURAL COMMODITIES › Section 001-2-4 - Marketing Committee

Current through 2024-29, July 17, 2024
A. Membership. The
				number of members of the Marketing Committee, together with the interests which
				they represent, shall be established in accordance with the market order. One
				member shall be the commissioner or his designee, who shall be an ex-officio,
				non-voting member of the Committee.
B. Initial Appointments. Unless otherwise
				specified in a market order, the members of the initial Marketing Committee,
				other than the ex-officio member, shall be selected and appointed by the
				Commissioner from nominations made through the following procedure:
*
				1. As soon as possible following the adoption of the
				market order, the Commissioner shall cause to be held a meeting of persons
				affected thereby, including persons otherwise eligible to serve on the
				committee, at which time those in attendance shall nominate as many persons
				from the industry as they wish.
*
				2. 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 those affected, subject to
				section 4A hereof. In order to achieve this end, he may consider and appoint
				persons who have not been nominated.
*
				3. Initial appointments made by the Commissioner shall
				be for a term of not more than one year, or until replaced by elected
				members.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 2 - RULES FOR ADOPTION OF MARKET ORDERS AFFECTING AGRICULTURAL COMMODITIES › Section 001-2-5 - Purposes of the Market Order

Current through 2024-29, July 17, 2024
The market order may specify one or more of the following
				  functions as its purposes:
A.
				Promotion. Provide for advertising, promotion, and publicity programs that will
				maintain or enhance present markets or create new markets for the agricultural
				commodity involved in the market order. However, no such advertising, promotion
				or publicity program shall be conducted with reference to any particular
				private brand or trade name and no such program shall disparage the quality,
				value, sale or use of any other agricultural commodity.
B. Marketing and Product Research. Provide
				for marketing and/or product research believed to be beneficial to the
				industry.
C. Information Services.
				Provide for information services designed to keep the industry informed of such
				factors as crops, packs, storage facilities, marketing and product research,
				promotion, advertising and publicity programs, and similar information useful
				to the industry.
D. Standards.
				Provide for appropriate standards of quality, grade, condition, size, storage,
				shipment, maturity or commercial pack for the agricultural commodity subject to
				the market order, or for other handling procedures of such commodity. The
				Marketing Committee shall assist the Commissioner in developing such standards
				and in providing for appropriate inspection, including mandatory inspection if
				specified in the market order, and enforcement necessary to the purposes of the
				order.
E. Other. Such other
				purposes which are consistent with the Act.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 2 - RULES FOR ADOPTION OF MARKET ORDERS AFFECTING AGRICULTURAL COMMODITIES › Section 001-2-6 - Budget and Assessment

Current through 2024-29, July 17, 2024
All commodity producers, handlers and/or other persons
				  affected by the market order shall be subject to any assessment levied in
				  accordance with the market order, all in accordance with this section and any
				  pertinent provisions of the order
A.
				Budget. The Marketing Committee shall estimate a budget necessary for the
				administration and enforcement of the order and for carrying out the program
				created thereunder for each marketing year. Based upon such recommendations of
				the Committee and such other factors as he deems appropriate, the Commissioner
				shall determine the budget for the marketing year.
B. Assessment. Consistent with the budget
				established pursuant to subsection A, if assessments are provided for under the
				market order, the Commissioner, with the advice of the Marketing Committee,
				shall fix rates of assessment to provide adequate funds to defray expenditures
				in the budget. The assessment rate shall not exceed that which is established
				under the market order and, in any case, shall not exceed the maximum statutory
				rate.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 2 - RULES FOR ADOPTION OF MARKET ORDERS AFFECTING AGRICULTURAL COMMODITIES › Section 001-2-7 - Reporting

Current through 2024-29, July 17, 2024
If provided by the market order, persons affected by the
				  market order shall report on a periodic basis information regarding production,
				  sales and other relevant data. With advice from the Marketing committee, the
				  Commissioner shall determine the types of information to be
				  provided
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 2 - RULES FOR ADOPTION OF MARKET ORDERS AFFECTING AGRICULTURAL COMMODITIES › Section 001-2-8 - Collection

Current through 2024-29, July 17, 2024
A. Liability. Subject to the terms of the
				market order, each producer, handier or other person affected by the order
				shall be responsible for proper accounting and payment of the proper assessment
				on the agricultural commodity which is marketed for or on behalf of that
				producer, handler, or other person.
B. Payment Schedule. Persons required to pay
				assessments shall make remittance and accounting of the proper assessment to
				the Commissioner or his designated fiscal agent on dates as specified by the
				market order. Payment shall be made at that time or times for the assessment
				levied on all of the agricultural commodity marketed by or on behalf of that
				person during the preceding marketing period.
C. Late Charge. Persons who do not timely
				remit and account for assessments in accordance with these rules and the order
				shall pay an additional assessment of 10% of the amount owed plus interest
				thereon computed at the rate of 12% per annum together with any civil penalty
				imposed under the law; provided that the Commissioner may waive these
				additional charges in cases involving good cause.
D. Payment Arrangements. For any producer for
				whom a broker or other agent markets the commodity, the broker or agent shall,
				at the producer's option, deduct from moneys owed to the producer the proper
				assessment on the commodity marketed and shall pay the same to the
				Commissioner; provided that a broker or agent's failure to do so shall not
				release the producer from his responsibility for the assessment.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 2 - RULES FOR ADOPTION OF MARKET ORDERS AFFECTING AGRICULTURAL COMMODITIES › Section 001-2-9 - Termination

Current through 2024-29, July 17, 2024
A. By the Commissioner. The Commissioner may
				terminate a market order in the manner provided in § 429 of the Act
				whenever he determines that the provisions of the market order do not
				effectuate legislative policy.
B.
				By Petition. The commissioner shall terminate the market order if he has
				received a properly completed Petition for Termination and has determined that
				termination is favored by at least 51% of the persons affected by the market
				order as specified therein, who marketed at least 51% of the quantity of the
				agricultural commodity subject to the order in the immediately preceding
				marketing year. Petitions and termination procedures shall be governed by the
				following provisions:
* 1. A petition for
				termination shall provide that its signatories favor termination of the
				existing market order. Each person signing shall certify that he was a person
				affected by the order, as specified therein, during the immediately preceding
				marketing year and shall certify the quantity of the agricultural commodity
				marketed by him.
* 2. A petition
				for termination shall be considered properly completed only if it contains a
				sufficient number of signatures to represent at least 25% of the persons
				affected by the market order who marketed at least 25% of the quantity of the
				agricultural commodity subject to the order in the immediately preceding
				marketing year.
* 3. Upon receipt
				of a petition for termination, the Commissioner shall distribute and tabulate
				termination ballots in the same manner as referendum ballots pursuant to
				section 3 herein.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 3 - TEMPORARY EMERGENCY FOOD ASSISTANCE PROGRAM › Section 001-3-1.1 - POLICY STATEMENT

Current through 2024-29, July 17, 2024
The purpose of these rules is to implement Title II of the
				  Emergency Jobs and Humanitarian Aid Programs Bill, the Temporary Emergency Food
				  Assistance Program Act of 1983, Public Law 98-8 as amended ("Act"). The Act
				  establishes a program through which surplus agricultural commodities are made
				  available to needy persons through emergency feeding organizations. Federal
				  funds have been appropriated for the cost of storage and distribution of these
				  commodities.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 3 - TEMPORARY EMERGENCY FOOD ASSISTANCE PROGRAM › Section 001-3-1.2 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. "Act" means Title II of the Emergency Jobs
				and Humanitarian Aid Programs Bill, the Temporary Emergency Food Assistance
				Program Act of 1983, Public Law 98-8 as amended.
B. "Distribution site" means the site at
				which the commodities are actually distributed to persons for household use by
				the emergency feeding organization.
C. "Division" means the Division of Community
				Services, within the Executive Department, State of Maine, or its successor
				agency.
D. "Eligible household"
				means a household which qualifies for the program under Section 1.4A.
E. "Emergency feeding
				organization" means a sub-grantee which has entered into an agreement with the
				Division for the distribution of commodity foods under the Act.
F. "Food assistance program" means the
				Temporary Emergency Food Assistance Program established under the
				Act.
G. "HEAP" means the Home
				Energy Assistance Program administered by the Division.
H. "Household income" means total cash
				receipts from all sources before taxes.
I. "Storage and distribution costs" means
				direct costs for the operation of the program that are incurred by an emergency
				feeding organization or by the Division for intrastate handling,
				transportation, storage and distribution of commodities. Such costs may include
				personnel, equipment, mileage, postage, printing and facility expenses that are
				directly associated with the handling, transportation, storage or
				commodities.
J. "U.S.D.A." means
				the United States Department of Agriculture.
K. "Value of commodities distributed" means
				the United States Department of Agriculture's cost of acquiring commodities for
				distribution under the Act.
L.
				"Household" means:
1. A group of individuals
				legally obligated for the support of each other, including father, mother,
				grandfather, grandmother, by consanguinity; or
2. A group of individuals not covered in 1
				above who customarily share a dwelling unit and either pool income or share
				expenses in common; or
3. An
				individual whose living situation is not covered by subsection 1 or 2 above or
				4 below.
4. Household does not
				include:
a. Residents of a State supported
				institution.
b. People living in a
				school dormitory; State licensed nursing home; State licensed boarding home;
				adult foster care facility; drug abuse center or hospital, public or private;
				or temporary emergency shelter.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 3 - TEMPORARY EMERGENCY FOOD ASSISTANCE PROGRAM › Section 001-3-1.3 - ADMINISTRATION

Current through 2024-29, July 17, 2024
A. The Division shall have the following
				duties and responsibilities. The Division shall:
1. Request the commodity foods from the
				United States Department of Agriculture promptly as required.
2. Request commodity foods made available to
				the State of Maine which can be utilized without waste in the food assistance
				program and distribute to the emergency feeding organizations all the commodity
				foods which have been delivered to the State; provided, however, that the
				Division shall refuse to order or distribute honey and any other commodity
				which the Division, after careful consideration of all available facts,
				determines to pose a significant real or potential threat to the health, safety
				or welfare of the people of the State of Maine.
3. Ensure that no emergency feeding
				organization receives commodities in excess of its anticipated use or in excess
				of its ability to accept and store such commodities.
4. Be responsible for intrastate handling,
				storage, transportation, and the charges associated therewith, required to
				place the commodities in the hands of the emergency feeding
				organizations.
5. Develop and
				provide the application and any other forms required by these rules or the
				sub-grant agreement between the Division and the emergency feeding
				organizations, or approve any such forms developed by the emergency feeding
				organizations and submitted as part of its distribution plan.
6. Monitor emergency feeding organizations
				for compliance with the Act, federal and state regulations and their agreements
				with the Division in accordance with the Division's Distribution Plan for the
				Temporary Emergency Food Assistance Program as approved by the Federal Office
				of Food and Nutrition Services.
7.
				Provide technical assistance to any emergency feeding organization which is
				experiencing difficulties in administering the program.
8. Be responsible for auditing the food
				assistance program,
9. Comply with
				the provisions of the Act, 7 CFR Part 251 and 7 CFR Part 25O as
				applicable.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 3 - TEMPORARY EMERGENCY FOOD ASSISTANCE PROGRAM › Section 001-3-1.4 - ELIGIBILITY AND DOCUMENTATION

Current through 2024-29, July 17, 2024
A. A household is
				eligible for the food assistance program if:
1. A member of the household participates in
				any of the following federal or state programs:
a. HEAP;
b. Elderly Tax and Rent Refund;
c. Aid to Families with Dependent Children
				(AFDC);
d. Food Stamps;
e. Medicaid;
f. Supplemental Security Income (SSI);
				or
g. Elderly Low Cost Drug
				Program; or
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 3 - TEMPORARY EMERGENCY FOOD ASSISTANCE PROGRAM › Section 001-3-1.5 - DISTRIBUTION

Current through 2024-29, July 17, 2024
A. Rate
1.
				The Division will equitably distribute the commodity food to the emergency
				feeding organization and will indicate the quantity to be distributed to
				eligible households.
2. A household
				may receive no more than one distribution of food, the amount determined by
				household size in accordance with 1.5 A(3).
3. Prior to each distribution the Division
				will determine an equitable rate of distribution to be distributed to
				households based on household size and the availability of commodity
				foods.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 3 - TEMPORARY EMERGENCY FOOD ASSISTANCE PROGRAM › Section 001-3-1.6 - PAYMENT OF FUNDS FOR STORAGE AND DISTRIBUTION COSTS

Current through 2024-29, July 17, 2024
A. The Division shall use funds available
				from the U.S.D.A. and other sources for payment of the charges associated with
				intrastate storage and distribution required to place the commodities in the
				hands of the emergency feeding organizations.
B. The Division shall make payments to
				emergency feeding organizations based on the availability of funds. The State
				shall make available to emergency food organizations not less than 20% of the
				funds allocated to the State to pay for the storage and distribution costs
				incurred by the emergency feeding organizations. Payment is not guaranteed for
				all eligible costs.
C. Payment will
				be made only for the actual local storage and distribution costs incurred by
				the emergency feeding organization. Payment will be made as follows:
1. Requests for reimbursement shall be
				submitted on a form provided by the Division. (See Annex 11.)
2. Payment shall be made on a reimbursement
				basis unless:
a. The Division has received
				advance payment from U.S.D.A.; and
b. The emergency feeding organization has
				demonstrated its need for advance payment.
3. No advance payment to an emergency feeding
				organization may exceed 35% of the projected payment to such emergency feeding
				organization as estimated by the Division.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 3 - TEMPORARY EMERGENCY FOOD ASSISTANCE PROGRAM › Section 001-3-1.7 - CONFIDENTIALITY AND COMPLAINTS

Current through 2024-29, July 17, 2024
A. All information
				about applicants shall be considered confidential and shall not be released to
				any person or agency not directly involved in the administration or auditing of
				the food assistance program, except with the express written consent of the
				applicant.
B. Complaints
1. Complaints from recipients, denied
				applicants or other sources of poor administration of the program, duplication,
				fraud, failure to provide assistance or any other complaint shall be made in
				writing to the Division and/or the appropriate emergency feeding
				organization.
2. If the Division
				determines that the complaint would be more appropriately handled by the
				emergency feeding organization, it shall refer the complaint
				accordingly.
3. The Division or the
				emergency feeding organization will immediately follow up and investigate any
				such complaints and provide the complaining party with the results in writing
				of the investigation of the complaint.
Note: Several Appendixes were filed with the original paper
				  copy, consisting of forms and tables. They may be out of date now -- request
				  current versions from the agency.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 4 - RULES FOR ADOPTION OF APPLE MARKET ORDERS AND APPLE MARKET AGREEMENTS › Section 001-4-1 - 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,
				  Title
				  7 M.R.S.A. §423.
				  In addition, the following terms shall have the following meanings.
A. Act means the Agricultural Commodities
				Marketing Act, Title 7 M.R.S.A. §§422 - 430.
B. Apples means all apples produced in the
				State of Maine for the purpose of sale.
C. Apple Marketing Committee means the
				Committee established pursuant to section 3 herein.
D. Apple producer means any person who
				produces or causes to be produced apples in quantities equal to or greater than
				3,000 first sale units as defined in subsection G.
E. Commodity area for purposes of § 425
				of the Act, shall mean the State of Maine.
F. Districts mean the geographical divisions
				of apple production areas in the State as follows:
(1) Western District - Oxford County;
				Cumberland County; York County; and that portion of Androscoggin County west of
				the Androscoggin River.
(2) Central
				District - Franklin County; Sagadahoc County, that portion of Androscoggin
				County east of the Androscoggin River; that portion of Kennebec County west of
				the Kennebec River; and that portion of Somerset County west of the Kennebec
				River.
(3) Eastern District -
				Aroostook County; Hancock County; Knox County; Lincoln County; Penobscot
				County; Piscataquis County; Waldo County; Washington County; that portion of
				Kennebec County east of the Kennebec River; and that portion of Somerset county
				east of the Kennebec River.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 4 - RULES FOR ADOPTION OF APPLE MARKET ORDERS AND APPLE MARKET AGREEMENTS › Section 001-4-2 - 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.
B.
				Distribution of ballots. Upon his adoption of a market order referendum ballots
				shall be distributed by the Commissioner to all producers whose names appear on
				the lists of apple producers maintained by the Maine Pomological Society and
				whose names may otherwise have been made known to the Commissioner in response
				to the notice of the hearings concerning the market order,, or as a result of
				other inquiries.
C. Return of
				ballots. An apple producer shall return the referendum ballot within the time
				specified, indicating the producer's name, address, the volume of apples
				marketed for fresh market use during the preceding marketing season, and an
				affirmative or negative vote. Any person voting on behalf of a producer which
				is a corporation or business association shall indicate his authority to so
				vote. All ballots shall be signed and certified as to their truth. The volume
				of apples marketed for fresh market use shall be indicated in boxes, provided,
				however, that a ballot shall not be invalid if volume is otherwise indicated;
				pounds shall be converted by the Commissioner to boxes at a rate of 40 pounds
				per box.
D. Validity of ballots.
				The referendum ballots shall be considered by the Commissioner if they are
				received no later than 20 days after the date on which they were originally
				mailed by him. The Commissioner shall not consider a referendum ballot which he
				determines is riot properly completed and signed.
E. Results of the referendum. The
				Commissioner shall determine whether 66 2/3% of the apple producers who
				participated in the referendum have voted in favor of the market order and
				whether that affirmative vote represents 51% of the quantity of apples marketed
				during the preceding marketing season by those participating in the referendum;
				or, in the alternative, whether 511 of the producers who participated in the
				referendum have voted in favor of the market order and whether that affirmative
				vote represents 66 2/3% of the quantity of apples marketed during the preceding
				marketing season 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 4 - RULES FOR ADOPTION OF APPLE MARKET ORDERS AND APPLE MARKET AGREEMENTS › Section 001-4-3 - ESTABLISHMENT OF THE APPLE MARKETING COMMITTEE

Current through 2024-29, July 17, 2024
A. Membership and representation. The
				membership of the Apple Marketing Committee shall be as defined in the Apple
				Market Order. one member shall represent the Eastern District, two members the
				Western District, and two members the Central District, providing not more than
				one member shall be from any single grower operation.
B. Initial Appointments. The apple producer
				members of the initial Apple Marketing Committee shall be selected and
				appointed by the Commissioner from nominations made through the following
				procedure.
(1) The Commissioner shall cause
				to be held a meeting or meetings of apple producers at which time the producers
				in attendance shall nominate a total of eleven growers to be eligible for
				appointment to the Apple Marketing Committee.
(2) Of the eleven nominees, four shall be
				growers whose orchards are principally located in the Western District, four
				shall be growers whose orchards are principally located in the Central
				District, and three shall be growers whose orchards are principally located in
				the Eastern District.
(3) The first
				meeting of growers for the purpose of nominating members of the marketing
				committee shall be held not later than August 15, 1983.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 4 - RULES FOR ADOPTION OF APPLE MARKET ORDERS AND APPLE MARKET AGREEMENTS › Section 001-4-4 - PURPOSES OF EXPENDITURES UNDER THE APPLE MARKET ORDER

Current through 2024-29, July 17, 2024
The Apple Marketing Committee and the Commissioner may expend
				  funds obtained pursuant to the Apple Market Order for the following
				  purposes.
A. Promotion. The Apple
				Marketing Committee, with the approval of the Commissioner, may carry out such
				advertising, promotion and publicity programs as they believe will maintain or
				enhance present markets or create new markets for apples and/or apple products.
				However, no such advertising, promotion or publicity programs shall he
				conducted with reference to any particular private brand or trade name and no
				such program shall disparage the quality, value, sale or use of any other
				agricultural commodity.
B.
				Marketing and product research. The Apple Marketing Committee, with the
				approval of the Commissioner, may carry out such marketing and/or product
				research as they believe to be beneficial to the Maine apple
				industry.
C. Information services.
				The Apple Marketing Committee, with the approval of the Commissioner, may
				establish mechanisms to provide for information services designed to keep
				producers informed of such factors as apple crop, pack, storage holdings,
				marketing and product research, promotion, advertising and publicity programs,
				and similar information relevant to the Maine apple industry.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 4 - RULES FOR ADOPTION OF APPLE MARKET ORDERS AND APPLE MARKET AGREEMENTS › Section 001-4-5 - BUDGET AND ASSESSMENTS

Current through 2024-29, July 17, 2024
All apple producers shall be subject to the assessment levied
				  under the Apple Market Order pursuant to this section.
A. Budget. During each marketing season, and
				not later than August 15, the Apple Marketing Committee shall estimate a budget
				necessary for the administration and enforcement of the order and for carrying
				out the programs created thereunder. The total amount budgeted for
				administrative costs shall not exceed 5% of the total budget.
B. Assessment.
(1) Consistent with the budget established
				pursuant to subsection A, the Commissioner shall announce rates of assessment
				to provide adequate funds to defray expenditures in the budget. The assessment
				rate shall not exceed the rate set in the Apple Market Order and, in any case,
				shall not exceed the maximum statutory rate.
(2) An increase in the rate of assessment
				above 5 cents shall occur only after a referendum pursuant to procedures
				established in section 2.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 4 - RULES FOR ADOPTION OF APPLE MARKET ORDERS AND APPLE MARKET AGREEMENTS › Section 001-4-6 - REPORTING

Current through 2024-29, July 17, 2024
Reports are required to facilitate factual and accurate
				  informational services and to provide a basis for budget estimation and
				  adjustment. Not later than December 1 of each marketing season, each apple
				  producer shall file with the Apple Marketing Committee, on forms prescribed and
				  supplied by that Committee, a declaration of harvested crop which shall declare
				  the number of first sale units of apples harvested and the disposition of same
				  to processors, cold storage, and/or other destinations.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 4 - RULES FOR ADOPTION OF APPLE MARKET ORDERS AND APPLE MARKET AGREEMENTS › Section 001-4-7 - COLLECTION

Current through 2024-29, July 17, 2024
A. Liability of the producer. Each apple
				producer shall be responsible for proper accounting and payment of the proper
				assessment upon the apples which he produces and markets.
B. Payment arrangements. For each grower for
				whom a broker or other agent sells or otherwise transfers apples, said broker
				may, at the grower's option, deduct from monies owed to the grower the proper
				assessment on the first sale units sold or otherwise transferred from
				storage.
C. Payment schedule. All
				growers, grower sales cooperatives, and/or grower sales agents shall make
				remittance and accounting of the proper assessment to the Commissioner or his
				designated fiscal agent not later than the 15th of each of the months of
				November, February, May, and August. Such quarterly remittance and accounting
				shall be inclusive of all sales of apples and/or removal of apples from storage
				through the end of the month just preceding the months herein
				designated.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 4 - RULES FOR ADOPTION OF APPLE MARKET ORDERS AND APPLE MARKET AGREEMENTS › Section 001-4-8 - TERMINATION

Current through 2024-29, July 17, 2024
A. By the Commissioner. The Commissioner may
				terminate a market order in a manner provided by 5429 of the Act whenever he
				determines that the provisions of the order do not tend to effectuate
				legislative policy.
B. By petition.
				The Commissioner shall terminate a market order at the end of the fiscal year
				if he has received, prior to April 15 of that year, a properly completed
				petition for termination and has determined, prior to June 15th of that year,
				that termination is favored by at least 50% of the producers who produced at
				least 51% of the volume marketed as required by § 429 of the Act.
				Petitions and termination procedures shall be governed by the following
				provisions.
(1) A petition for termination
				shall provide that its signatories favor termination of the existing market
				order. Each person signing shall certify that he was a producer engaged in the
				production of apples for market during the preceding marketing season and shall
				certify, in boxes, the volume of apples marketed.
(2) A petition for termination shall be
				considered properly completed only if it contains a sufficient number of
				signatures to represent 25% of the producers who marketed 25% of the volume of
				apples.
(3) Upon receipt of a
				petition for termination, the Commissioner shall distribute and tabulate
				termination ballots in the same manner as referendum ballots pursuant to
				Section 3 herein.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 5 - MAINE POTATO COUNCIL: FINANCIAL REPORTS AND OUT-OF-STATE TRAVEL › Section 001-5-1 - FINANCIAL REPORTS

Current through 2024-29, July 17, 2024
A. The Maine Potato
				Council shall submit to the Commissioner prior to the beginning of any fiscal
				year, a budget showing, for funds anticipated under 36 M.R.S.A., section4571,
				1-A, estimated amounts to be expended by category for that fiscal year.
				Following the closing of books at the end of a fiscal year, the Maine Potato
				Council shall submit financial statements showing actual and budgeted receipts
				and expenditures for that fiscal year; additionally, the Maine Potato Council
				will furnish the Commissioner a copy of their independent auditor's report when
				available.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 5 - MAINE POTATO COUNCIL: FINANCIAL REPORTS AND OUT-OF-STATE TRAVEL › Section 001-5-2 - OUT-OF-STATE TRAVEL

Current through 2024-29, July 17, 2024
A. Out-of-state
				travel for which reimbursement pursuant to 36 M.R.S.A. section4571.1 -A is
				anticipated shall require the prior approval of the Commissioner. Request for
				approval shall be made on state form BP-14 7/79 at least three weeks prior to
				departure and shall include justification for travel; provided that the
				Commissioner may waive the three week period whenever scheduling exigencies so
				require.
B. The Travel and Expense
				Account Voucher (Form BP22 8/79) shall be used to claim all out-of-state travel
				related expenses and must be signed by the traveler and the Executive
				Vice-President of the Council. No expenses shall be reimbursed pursuant to
				§ 4571.1-A until the Commissioner has approved their payment. Approval
				shall be governed by the provisions of Section 40 of the State Manual of
				Financial Procedures which procedures are incorporated herein by
				reference.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 6 - PETITION FOR AGENCY RULEMAKING › Section 001-6-1 - FORMS

Current through 2024-29, July 17, 2024
A. Petition shall be made on forms developed
				by the Secretary of State and adopted by the Department, which forms shall be
				supplied by the Department in sufficient number to any person requesting them.
NOTE: A copy of the petition form(s) now in use is attached
				  hereto.
B. It is
				anticipated that multiple petition forms may be circulated as part of any one
				petition. The petitioner shall complete page one of the petition form and
				attach it to each petition copy before circulating for signatures.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 6 - PETITION FOR AGENCY RULEMAKING › Section 001-6-2 - CERTIFICATION OF PETITIONS

Current through 2024-29, July 17, 2024
The petition must be verified and certified according to
				  procedures defined by Title 21, Section 494, sub-section 7, prior to
				  presentation to the Department.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 6 - PETITION FOR AGENCY RULEMAKING › Section 001-6-3 - SUBMISSION OF PETITION AND TEXT OF PROPOSED RULE

Current through 2024-29, July 17, 2024
Petitions shall be submitted to: Commissioner, Department of
				  Agriculture, Food, and Rural Resources, Augusta, Maine 04333. All petition
				  forms which are part of any one petition shall be submitted
				  simultaneously.