reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 36 - RULES GOVERNING THE MAINE FARMS FOR THE FUTURE PROGRAM › Section 001-36-6 - SOLICITATION OF FARMS FOR PARTICIPATION IN THE MAINE FARMS FOR THE FUTURE BUSINESS PLAN DEVELOPMENT PROGRAM

Current through 2024-29, July 17, 2024
1.
Eligibility Requirements
An applicant must own and operate a Farm Business that has
				  been producing agricultural products commercially in the State of Maine for at
				  least two (2) years at the time of application. The applicant must own their
				  farmland or be a partner or shareholder in a legal entity that owns the
				  farmland. If having recently purchased the farmland, the applicant must have at
				  least two year's experience operating a Farm Business elsewhere in Maine. The
				  applicant must submit an application to the Department, in accordance with
				  State rules for Requests for Proposals (M.R.S.A. §1825(C) Administrative
				  Rules 19, 554, Chapter 110,120) to be eligible for participation in the
				  Program.
2.
Criteria
				for Selection
Applicants to the Program must demonstrate the following and
				  shall be scored accordingly:
A.
Management Capacity
: The management capacity of the applicant
				based upon the number of years farming and other related experience and
				training; the applicant's decision making authority over the land and
				resources; and the applicant's statements of purpose and readiness to apply to
				the Program. 20 points
B.
Quality of the Ideas for Change
: The ability of the applicant to
				identify and propose ideas that will make fundamental changes on the farm that
				will improve viability, profitability, and capacity to pay back debt through
				the present or future cash flow of the business, while also attempting to make
				farming the primary source of the applicant's income. 25 points
C.
Farm Financial Health and Ability to
				Transform
: The ability of the applicant to describe the current
				financial condition of the Farm Business, including the current debt load
				relative to earnings, the assets and liabilities, and whether the debt load and
				access to new assets can be managed with the proposed ideas for change. 25
				points
D.
Physical Resource
				Base
: The suitability and productivity of the farmland for its intended
				agricultural use, the physical condition of buildings and equipment, and other
				assets needed to maintain and increase productivity of the Farm Business. 20
				points
E.
Other
				Conditions
: The degree of development pressure on the farm operation,
				the percentage of the operated farmland that is owned by the applicant, and the
				potential environmental and community economic development benefits derived
				from the proposed change. 10 points
The Commissioner may periodically review these selection
				  criteria with the Review Panel and the Program Administrator to consider
				  changes in policy when it is deemed necessary or appropriate.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 36 - RULES GOVERNING THE MAINE FARMS FOR THE FUTURE PROGRAM › Section 001-36-7 - SOLICITATION OF FARMS FOR PARTICIPATION IN THE MAINE FARMS FOR THE FUTURE INVESTMENT SUPPORT PROGRAM TO IMPLEMENT A BUSINESS PLAN

Current through 2024-29, July 17, 2024
1.
Eligibility Requirements
A farm that has completed a Business Plan as
				defined above is eligible to apply for investment support funding to implement
				the Business Plan. The applicant may apply to be considered for either or both
				of two types of investment support grants. They may apply to receive the
				Department's recommendation to apply for a reduced-interest (2%) loan from the
				Agricultural Marketing Loan Fund under Title 7. Chapter 101, Subchapter 1-D,
and/or
they may apply for an investment support cash grant in
				exchange for a Farmland Protection Agreement. If an applicant has previously
				permanently protected the farm with a conservation easement, then he or she is
				not eligible to apply for the investment support cash grant, but may apply to
				be recommended to apply for a reduced-interest (2%) loan.
B. An applicant requesting an investment
				support cash grant in exchange for a Farmland Protection Agreement must own at
				least 5 acres of land in agricultural use at the time of application.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 37 - RULES GOVERNING THE VOLUNTARY MUNICIPAL FARM SUPPORT PROGRAM › Section 001-37-2 - PREPARING TO ESTABLISH A VOLUNTARY MUNICIPAL FARM SUPPORT PROGRAM

Current through 2024-29, July 17, 2024
1. Before establishing a Voluntary Municipal
				Farm Support Program (VMFSP), the municipality must establish eligibility
				requirements for farmland and farm buildings to qualify for its Program,
				establish a model agricultural conservation easement, and determine the
				mechanism for making farm support arrangements and farm support payments in
				accordance with the following provisions:
A.
Eligible Farmland and Farm
Buildings
(1) A Voluntary Municipal Farm Support
				Program must include the following eligibility criteria as Qualified Farmland
				and Farm Buildings:
(a) Farmland Type. The
				farmland may be Blueberry Land, Crop Land, Horticultural Land - Edible,
				Horticultural Land - Ornamental, Orchard Land, Pasture Land, Orchard Land,
				Woodland, or Wasteland.
(b) Minimum
				Acreage. The farmland must be one (1) Tax Parcel of at least five (5)
				contiguous acres that is producing Agricultural Crops.
(c) Farm Income Requirement. The Agricultural
				Crops grown on the farmland must generate a minimum annual gross income or
				fair-market value of at least $2,000 per year. The crops may be sold directly
				on the farm, or sold off of the farm to wholesale and retail customers. If some
				of the crops are utilized on the farm and/or consumed by the farm household,
				then the fair-market value of attributable to those products can be counted
				towards the annual gross income requirement.
(d) Farm Buildings. The Farm Buildings must
				be used for the propagation, production, storage and/or processing of
				Agricultural Crops and/or Livestock, including but not limited to, the breeding
				and housing of Livestock; the storage of seed stock; the storage of feed for
				Livestock; milk handling; animal manure and waste management; and equipment and
				chemical storage and maintenance.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 37 - RULES GOVERNING THE VOLUNTARY MUNICIPAL FARM SUPPORT PROGRAM › Section 001-37-3 - ESTABLISHING A MUNICIPAL VOLUNTARY FARM SUPPORT PROGRAM

Current through 2024-29, July 17, 2024
1. A municipality shall establish a Voluntary
				Municipal Farm Support Program in accordance with Title 7 M.R.S., Section 60-A.
				At such time a municipality must also establish its Program timeline for
				solicitation, review, and acceptance or denial of applications. A
				municipality's VMFSP application form must include the following:
A. The general description of the
				municipality's VMFSP;
B. The
				general description of a Farm Support Arrangement including Farm Support
				Payments and easement monitoring requirements;
C. A copy of the municipality's Qualified
				Agricultural Conservation Easement;
D. An estimate of the costs a typical grantor
				would pay the municipality to prepare and record the Qualified Agricultural
				Conservation Easement at the County Registry of Deeds;
E. The Farm Application Requirements and
				application procedures and deadline(s); and
F. The municipality's process and timeline
				for reviewing and accepting or denying a proposed Farm Support
				Arrangement.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 37 - RULES GOVERNING THE VOLUNTARY MUNICIPAL FARM SUPPORT PROGRAM › Section 001-37-4 - FARM APPLICATION REQUIREMENTS

Current through 2024-29, July 17, 2024
1. Once a
				municipality has solicited applications in accordance with Section 3, the
				farmland owner is responsible for preparing and submitting the Farm
				Application. A municipality may in its discretion assist the farmland owner
				with preparing the Farm Application.
2. The Farm Application must include all of
				the following:
A. A statement, signed by all
				legal owners of the property, that declares the owners' desire to enter into a
				Farm Support Arrangement with the municipality through the grant of a temporary
				Agricultural Conservation Easement for a term of at least 20 years on a
				specific Tax Parcel or Tax Parcels of farmland located in the municipality.
				This statement shall acknowledge whether the owners will retain professional
				legal services to review the easement document on their behalf, or have elected
				to waive any legal representation. The statement shall also acknowledge that if
				the municipality approves a Farm Support Arrangement, the owners agree to pay
				all of the municipality's costs for preparing and filing the Agricultural
				Conservation Easement in the appropriate County Registry of Deeds;
B. A list of the farmland and farm buildings
				that would be subject to the proposed Agricultural Conservation
				Easement;
C. An aerial photograph
				of the property that clearly delineates the farmland and farm buildings that
				would be subject to the proposed Agricultural Conservation Easement. If the
				proposal is approved by the municipality, then the owner may choose, at the
				owner's expense, to survey the land subject to the easement. Otherwise, an
				aerial photograph that clearly delineates the subject farmlands, farm buildings
				and easement boundary is sufficient documentation.
D. If the owners have a mortgage on the
				farmland or farm buildings, a list of each mortgaged asset noting the loan
				amount, pay-off date and lender's contact information;
E. A Farm Income Report which can be either
				the farmland owners' IRS Income Tax Form-Schedule F or a table that lists each
				Agricultural Crop, the average annual yield and the fair market value of the
				yield based upon the price or value per unit multiplied by the number of units
				produced; and
F. Two letters of
				support from either individuals or businesses within the municipality that
				describe the importance of supporting and protecting the specific farmland and
				farm buildings through a Farm Support Arrangement.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 37 - RULES GOVERNING THE VOLUNTARY MUNICIPAL FARM SUPPORT PROGRAM › Section 001-37-5 - MUNICIPAL REVIEW OF FARM APPLICATIONS TO DESIGNATE QUALIFIED FARMLAND AND FARM BUILDINGS

Current through 2024-29, July 17, 2024
1. All Farm
				Applications for participation in a Voluntary Municipal Farm Support Program
				shall be stamped with the date and time they were received by the Town Clerk or
				other authorized municipal official.
2. The municipality shall review the Farm
				Application for completeness within the review period identified in the
				Solicitation. If the Farm Application is complete, the municipality shall send
				the applicant a written notice specifying the date and time that the
				municipality will take official action on the proposed Farm Support
				Arrangement. If the Farm Application does not meet all the requirements of
				Section 4, above, the municipality shall provide the applicant written
				notification that it's Farm Application is incomplete and shall provide
				guidance as to whether the applicant can resubmit a complete Farm
				Application.
3. The municipality
				shall document its review of each Farm Application in a written summary that:
A. Notes any communications about the Farm
				Application between the municipality and applicant pertaining to Section 5.2.
				above; and
B. Identifies which
				farmlands and farm buildings within the Farm Application that it will recommend
				as "Qualified Farmland and Farm Buildings" for the municipal legislative body
				to consider for the proposed Farm Support Arrangement.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 37 - RULES GOVERNING THE VOLUNTARY MUNICIPAL FARM SUPPORT PROGRAM › Section 001-37-6 - MUNICIPAL ACTION TO AUTHORIZE FARM SUPPORT ARRANGEMENTS

Current through 2024-29, July 17, 2024
1. The municipality's legislative body shall
				vote to - accept as proposed; amend and accept; or deny a Farm Application for
				a Farm Support Arrangement in accordance with 7 M.R.S. Chapter 2-C.
2. A municipality may enter into an agreement
				with a land trust that would transfer any existing or allow any new Qualified
				Agricultural Conservation Easement to be held and monitored by that land trust.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 41 - FRESH BROCCOLI MARKET ORDER › Section 001-41-1 - Incorporation of Chapter 2

Current through 2024-29, July 17, 2024
All provisions of the companion Rules titled "Procedures for
				  Adoption of Market orders affecting Agricultural Commodities," 01-001, Chapter
				  2, Code of Maine Regulations, are incorporated herein.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 41 - FRESH BROCCOLI MARKET ORDER › Section 001-41-2 - Definitions

Current through 2024-29, July 17, 2024
A. Stalk: Stalk means a portion of the
				broccoli plant including the stem, bud clusters, and leaves. individual stalks
				may be designated as "heads" or "shoots" as follows:
1. Read means a stalk of broccoli having a
				cluster of closely associated buds which is 21/4 inches or larger in
				diameter.
2. Shoot means a stalk of
				broccoli having bud clusters which fail to meet the requirements for a
				head.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 41 - FRESH BROCCOLI MARKET ORDER › Section 001-41-3 - Broccoli Packing, Grading and Labeling Standards

Current through 2024-29, July 17, 2024
A. All broccoli packed in the State of Maine
				for the commercial fresh market shall:
(1)
				Comply with the packing, grading, and labeling standards set forth herein.
				Note: Broccoli which has been packed, whether or not shipped, is subject to
				inspection and must comply with the requirements of the market order.
(2) Be packed in waxed, corrugated cartons
				with a label prominently bearing the contents and including the legible name
				and address of the person responsible for compliance with the Market
				Order.
(3) meet or exceed the
				standards for Maine Premium grade as herein defined.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 41 - FRESH BROCCOLI MARKET ORDER › Section 001-41-4 - Broccoli Marketing Committee

Current through 2024-29, July 17, 2024
A. Membership. The
				Broccoli Marketing Committee shall consist of 6 members.
(1) - Two members shall be broccoli
				producers.
- Two members shall be broccoli handlers who, in the
				  preceding season, bought and packed broccoli and offered it for sale from the
				  state of Maine.
- One member shall be chosen by the producer and handler
				  members.
- One member shall be the Commissioner or his designee from
				  the Department who shall serve ex-officio in an advisory, non-voting
				  capacity.
(2) The
				Commissioner may, upon advice of the Marketing Committee, increase the
				membership and provide for geographic representation of Committee members
				through rule-making procedures in accordance with the Administrative Procedure
				Act.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 41 - FRESH BROCCOLI MARKET ORDER › Section 001-41-5 - Effect on the Previous Market Order

Current through 2024-29, July 17, 2024
This order is intended to replace, 01-001 Code of Maine
				  Regulations Chapter 40.
If this order is not ratified by referendum, 01-001 Code of
				  Maine Regulations Chapter 40 remains in effect.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 50 - RULES FOR THE DETERMINATION OF INSUFFICIENT VETERINARY SERVICES › Section 001-50-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1. Commissioner: "Commissioner" of the
				Department of Agriculture, Food and Rural Resources or his designee.
2. Insufficient Veterinary Services:
				"Insufficient Veterinary Services" means an insufficient number of
				practitioners of veterinary medicine in either a veterinary specialty or a
				geographic area, as further set forth in this rule.
3. Large Animal "Large animal" means cattle,
				oxen, equine, swine, sheep, goat, llama, alpacas, bison and/or
				cervids.
4. Practicing
				Veterinarian: "Practicing veterinarian" means a veterinarian who is licensed to
				practice veterinary medicine in Maine in accordance with 32 M.R.S.A.
				§4860.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 50 - RULES FOR THE DETERMINATION OF INSUFFICIENT VETERINARY SERVICES › Section 001-50-2 - INSUFFICIENT VETERINARY SERVICE AREAS

Current through 2024-29, July 17, 2024
1. Large
				animal veterinary services in any Maine community or unorganized
				territory;
2. The following Maine
				municipalities are underserved: Cherryfield, Danforth, Fort Kent, Greenville,
				Jackman, Kingfield, Lincoln, Madawaska, Rangeley, Sherman Mills, and Van
				Buren.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-I - Definitions

Current through 2024-29, July 17, 2024
1. Blend Price. "Blend Price" means the price
				of milk per hundredweight computed as the sum of the Class I price multiplied
				by the percentage of milk sold as Class I milk and the Class II price
				multiplied by the percentage sold as Class II milk. The blend price shall be
				separately calculated for the base minimum price and the over-order
				premium.
1-A. Base minimum price.
				"Base minimum price" means such part of the minimum Class I and Class II prices
				established by the Maine Milk Commission pursuant to chapter 603 as corresponds
				to Class I and Class prices established pursuant to the New England Marketing
				Order.
2. Boston market dealer.
				"Boston market dealer" means any dealer as defined in sub-Sec. 4 who purchases
				milk from producers subject to the price regulations of the New England Milk
				Marketing order.
3. Boston market
				producer. "Boston market producer" means any Maine milk producer selling to a
				dealer subject to the New England Milk Marketing Order, or any agricultural
				cooperative that buys milk from or handles milk for such a producer and sells
				it to such a dealer.
4. Dealer.
				"Dealer" means any person or entity who purchases or receives milk from a
				producer within the State for processing and sale within or outside of the
				State.
A.  A producer-dealer which is not an
				agricultural cooperative shall be deemed a dealer only with respect to milk
				purchased or received from other producers.
B. A producer-dealer which is owned as an
				agricultural cooperative shall be deemed a dealer:
(1) With respect to all milk purchased or
				received from other producers; and
(2) With respect to all milk purchased or
				received from its members except to the extent that it is exempt from the Maine
				Milk Pool under section 3152-A.
C. An agricultural cooperative which is not a
				producer-dealer shall be deemed a dealer with respect to all milk subject to
				the producer price control authority of the Maine Milk Commission which it
				purchases or receives and which is not sold to a dealer.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-II - Information to Pool Administrator

Current through 2024-29, July 17, 2024
A. No later
				than the 10th day after the end of each month, each Maine market dealers shall
				report to the Pool Administrator, with respect to milk subject to the price
				control authority of the Maine Milk Commission at the producer level, in a form
				specified or approved by the Administrator:
1. the dealer's utilization rate for the
				month;
2. for each individual Maine
				market producer and each individual Northern Maine market producer identified
				as such from whom the dealer received such milk in the month;
a. the producer's name and address,
b. the amount of such milk, in pounds,
				received in the month and
c. any
				eligible marketing cooperative designated by the producer to receive an
				over-order premium;
3.
				for each Maine market producer which is an agricultural cooperative from which
				the dealer received such milk in the month;
a. the cooperative's name and
				address,
b. the amount of such
				milk, in pounds, received from the cooperative in the month which the
				cooperative bought from or handled for individual Maine market
				producers,
c. the amount of such
				milk, in pounds, received from the cooperative in the month which the
				cooperative bought from or handled for individual Northern Maine market
				producer and
d. any eligible
				marketing cooperative designated by the cooperative to receive an over-order
				premium on milk which the cooperative bought from or handled for individual
				Maine and Northern Maine market producers;
4. the total amount, in pounds, of such milk
				received in the month from all individual Maine market producers reported under
				2 and from all agricultural cooperatives as reported under 3.b., and
5. the total amount, in pounds, of such milk
				received in the month from all individual Northern Maine market producers
				reported under 2 and from all agricultural cooperatives as reported under
				3.c.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-III - Initial Payment and Pool Payment-Base Minimum Price

Current through 2024-29, July 17, 2024
A. No later than the 17th day after the end
				of each month, the Pool Administrator shall advise each Maine market dealer of
				the following, with respect to milk subject to the price control authority of
				the Maine Milk Commission at the producer level:
1. for such milk produced by Maine market
				producers;
a. the price per hundredweight
				payable to those producers at the base minimum price for milk at 3.5% butterfat
				set by the Maine Milk Commission for the month and the Federal Market Order No.
				1 utilization rate for the month, from which price those producers initial
				payments are to be determined; and
b. the price per hundredweight that would be
				payable to those producers at the base minimum price for milk at 3.5% butterfat
				set by the Maine Milk Commission for the month and the dealer's own utilization
				rate for the month; and
c. the
				difference obtained by subtracting the price per hundredweight under a. from
				the price per hundredweight under b., from which difference the Pool payments
				to be made on those producers' behalf at the base minimum price are to be
				determined;
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-III-A - Initial Payment and Pool Payment - Over- order Premium

Current through 2024-29, July 17, 2024
A. No later than the 17th day after the end
				of each month, the Pool Administrator shall advise each Maine market dealer,
				with respect to milk subject to the price control authority of the Maine Milk
				Commission at the producer level, of the price per hundredweight payable to
				Maine market producers and Northern Maine market producers from the over-order
				premium for milk at 3.5% butterfat set by the Maine Milk Commission for the
				month, and the dealer's own utilization rate for the month.
B. Each Maine market dealer shall multiply
				the price calculated under A. by the production of each Maine market producer
				reported by the dealer under II.A.2.b. and III.A.3.b. and c. For Maine market
				producers who have designated an eligible marketing cooperative to receive an
				over-order premium, the dealer shall pay the resulting product to the eligible
				marketing cooperative. For Maine market producers who have not designated an
				eligible marketing cooperative to receive an over-order premium, the dealer
				shall pay the resulting product to the Pool Administrator. Each dealer's
				payment to an eligible marketing cooperative under this subsection must be made
				to the cooperative no later than the 19th day after the end of each month. Each
				dealer's payment to the Pool Administrator under this subsection must be mailed
				to the Pool Administrator no later than the 20th day after the end of each
				month.
C. Payments made under this
				section shall otherwise comply with Title 7, Chapter 603 and rule adopted
				thereunder, including but not limited to adjustments for butterfat
				content.
D. Where a Maine market
				dealer receives milk from individual Maine market producers through a producer
				which is an agricultural cooperative which buys milk from or handles milk for
				the individual producers, the dealer may enter into an agreement with the
				cooperative, subject to the approval of the Pool Administrator, which provides
				that the cooperative will make the payments required by B. A cooperative which
				is a party to such an agreement shall comply with all requirements of this rule
				as to form and time of payment. The existence of an agreement does not relieve
				the dealer of any obligation under statute or rule, but the agreement may
				provide for indemnification. Where such an agreement is in force, the Pool
				Administrator shall provide the information specified in A. to the agricultural
				cooperative as well as to the dealer.
E. All payments of the over-order premium
				made into the Pool shall be in the form specified by the Pool
				Administrator.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-IV-A - Calculation of Over-order Premium

Current through 2024-29, July 17, 2024
A. The Pool
				Administrator shall calculate the total amount of payments from the over-order
				premium paid into the Pool pursuant to III-A.B. for the month.
B. The Pool Administrator shall calculate an
				initial redistribution of the monies paid into the Milk Pool under III.A.-B.
				This initial redistribution shall be made only on the milk of those Maine
				market and Northern Maine market producers identified by a Maine market
				pursuant to II.A.2.b. and II.A.3.b. and c. who did not designate an eligible
				marketing cooperative to receive an over-order premium. In calculating the rate
				of this initial redistribution, the Pool Administrator shall attempt to
				achieve, insofar as practicable, an initial redistribution of the over-order
				premium which ensures that Maine producers who are not members of eligible
				marketing cooperatives receive an initial redistribution equivalent to that
				received by Maine producers who are members of eligible marketing cooperatives.
				The Pool Administrator shall consider the following factors:
1. The gross rate of redistribution used by
				eligible marketing cooperatives to calculate payment to their
				members;
2. Reasonable
				administrative and other charges deducted by eligible marketing cooperatives
				from the redistribution made to their members; and
3. Such other factors as may be relevant to
				the goal of achieving, insofar as practicable, price equity among producers.
The Pool Administrator shall multiply the redistribution rate
				  so derived by the amount of milk reported under II.A.2.b. and II.A.3.b. and c.
				  for each Maine market producer who did not designate an eligible marketing
				  cooperative to receive an over-order premium and shall credit the resulting
				  products to those producers.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-V - Payment of Amount Due from the Pool to Producer-Base Minimum Price

Current through 2024-29, July 17, 2024
For Maine market producers, no later than the day required by
				  statute, and, for Boston market producers, no later than the date upon which
				  the next payment to producers for milk received is due under regulations of the
				  Federal Market Administrator, each Maine and Boston market dealer and each
				  agricultural cooperative receiving an allotment from the Pool shall pay each
				  individual producer whose amount due from the Pool is included in that
				  allotment the amount due and shall provide each such individual producer with a
				  statement in a form specified or approved by the Pool Administrator, showing
				  separately from all other calculations the calculations made under IV.A.I., 2.
				  and 3. and the calculations of the amount due out of the Pool to that producer
				  pursuant to IV.
A. 4.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-V-A - Payment of Amount Due from the Pool to Producer-Over-Order Premium

Current through 2024-29, July 17, 2024
No later than 16 days following the date of the Pool
				  Administrator's payment of the redistributions from the overorder premium
				  described in IV-A.E.6., each Maine and Boston market dealer and each
				  agricultural cooperative receiving such redistributions shall pay each
				  individual producer whose redistributions from the over-order premium are
				  included in that payment the amount due and shall provide each such individual
				  producer with a statement, in a form specified or approved by the Pool
				  Administrator, showing separately the calculations made under IV-A.A., B. and
				  C. and the calculations of the amount of redistributions from the over-order
				  premium due that particular producer pursuant to IV-A.D.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-VI - Interest on Late Payments

Current through 2024-29, July 17, 2024
In addition to all other penalties imposed by law, if a
				  dealer or an agricultural cooperative fails to pay a producer by the time
				  specified in 3 sections, V and V-A, the dealer or cooperative shall be liable
				  to the producer for interest on the amount due the producer out of the Pool at
				  a rate of 15% per year beginning from the date on which the payment was due.
				  The interest, when paid in full, shall be considered an administrative
				  settlement in lieu of prosecution under
				   7 M.R.S.A. Sec.3155.
				  Where a dealer or cooperative has delayed or failed to pay a producer, the Pool
				  Administrator may, at the producer's request, pay directly to the producer
				  future amounts due from the Pool. The Pool Administrator may, in the case of a
				  Maine market dealer or a cooperative engaged in transactions on the Maine
				  market, request the Maine Milk Commission to treat such conduct as a practice
				  destructive of the minimum price for milk established by the Commission.
NOTE: Under 7 M.R.S.A. Sec2964(7) practices destructive of
				  minimum milk prices set by the Maine Milk Commission constitute grounds for
				  suspension, revocation or withholding of the dealer license required by
				   7 M.R.S.A.
				  Sec.2955.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-VII - Reports to Pool Administrator

Current through 2024-29, July 17, 2024
A. No later than
				the day required by statute, each Maine market dealer reporting under 11.
A. shall report to the Pool
				Administrator, in a form specified or approved by the Administrator,
1. for each individual Maine market producer
				and each individual Northern Maine market producer identified as such reported
				by the dealer under II.A.,
a. the producer's
				name and address;
b. the amount of
				the producer's initial payment calculated according to Ill.A.1.a. and VII.B.
				for Maine market producers and III.A.2.c. and VII.B. for Northern Maine market
				producers;
c. the nature and amount
				of any adjustments to the initial payment pursuant to III.C., and any deduction
				and any recoupment under 111.D. of this rule;
d. the amount actually paid initially;
				and
e. the amount paid to the
				individual producer out of the Pool allotment, and date of payment;
				and
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-VIII - Recognition as an Eligible Marketing Cooperative

Current through 2024-29, July 17, 2024
Any organization applying for recognition as an eligible
				  marketing cooperative shall:
A.
				Furnish the Commissioner with current copies of the following documents:
1. certificate of organization;
2. articles of incorporation;
3. by-laws;
4. corporate resolutions relating to
				over-order premiums;
5. specimen
				copies of all membership and/or marketing agreements;
6. all contracts or agreements made for the
				purchase, sale, transportation or other disposition of milk within the New
				England states.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-IX - Information to be Periodically Furnished by Eligible Marketing Cooperatives

Current through 2024-29, July 17, 2024
A. Each eligible marketing cooperative shall
				furnish the following information to the Pool Administrator on a monthly basis
				in a written report signed by a responsible person on behalf of the eligible
				marketing cooperative,
1. amount of premium
				charge per hundredweight of Class I milk respectively
2. total pounds on which premiums were
				collected;
3. total pounds on which
				premiums are outstanding;
4. total
				pounds of members' milk eligible to receive redistribution on
				premium;
5. gross amount of
				redistributions, and gross redistribution rate to members
6. an itemization of all administrative and
				other charges deducted from the gross amount of redistributions and the gross
				redistribution rate reported in item 5;
7. an itemization of all additions to the
				gross amount of redistributions and the gross redistribution rate reported in
				item 5;
8. the net amount of
				redistributions and the net redistribution rate credited to members;
9. the net amount of redistributions and the
				net redistribution rate actually paid to members. (if different from item 8,
				please explain);
10. the date upon
				which the net redistributions reported in item 8 are to be paid to
				members;
11. the extent to which
				premiums reported as outstanding under item 3 on previous months' reports have
				been collected and redistributed;
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-X - Delinquent Pool Payments

Current through 2024-29, July 17, 2024
A. Where a Pool
				payment is not made by the day established in Section III or III-A the Pool
				Administrator will include the amount of the Pool payment due in calculating
				the total amount of money in the Pool for the month and in calculating the
				redistribution rate for the month and the redistribution rate for any
				over-order premium.
B. If the
				amount available in the Pool for payment to producers is insufficient to pay to
				producers the full amount to which each is entitled, a pro-rata amount shall be
				paid to each on an equitable basis as determined by the Pool Administrator, who
				shall keep a record of all deficiencies.
C. Any dealer who is delinquent in making a
				Pool payment shall be liable to the Pool Administrator for interest on the
				delinquent amount of the rate of 15% per year beginning on the day on which the
				payment was due, and shall be liable to the Pool Administrator for all costs of
				collecting the delinquent amount, including any legal costs incurred on behalf
				of the Pool. Such interest and costs, when paid in full, shall be considered an
				administrative settlement in lieu of prosecution under 7 M.R.S.A. Sec.3155. D.
				Following receipt of a delinquent payment, the Pool Administrator shall pay
				each producer entitled to payment of a deficiency under B. a pro rats amount
				not to exceed the amount of the deficiency owed that producer. Any interest
				received under c. shall be paid on a pro rata basis to producers at the rate of
				15% per year on the amount of the deficiency owed to each, beginning from the
				day the deficiency arose. The Pool Administrator need not make payments under
				this provision. separately, but may include such payments with the subsequent
				Pool allotment or payment of amount due out of the Pool to or on behalf of each
				producer.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-XI - Failure to Provide Necessary Information

Current through 2024-29, July 17, 2024
Where information necessary to the equitable administration
				  of the Pool is not provided as required by this rule, the Pool Administrator
				  shall notify producers to whom the information relates, requesting the
				  information. Within 30 days of the request, the producers must provide the
				  information or must demonstrate to the satisfaction of the Pool Administrator
				  that circumstances over which the producers has no control prevent provision of
				  the information. Where the information is not provided or the demonstration not
				  made, the producers forfeit the right to payment out of the Pool for the period
				  to which the information relates. Where the Pool Administrator determines that
				  good cause exists, the time established herein may be
				  extended.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-XII - Costs of Promotion

Current through 2024-29, July 17, 2024
A. The promotion
				rate shall be $.10 per hundredweight applied to all milk produced, purchased,
				or imported for sale within the State excluding milk consumed on the farm where
				produced.
B. The Pool Administrator
				shall calculate each Maine and Boston market producer's monthly share of the
				cost of promotion by applying the promotion rate for the period in which the
				month falls to the amount of milk received from each producer in the month by a
				Maine or Boston market dealer.
C.
				The Pool Administrator shall calculate the share of the cost of promotion due
				each month for each producer-dealer by applying the promotion rate for the
				period in which the month falls to the amount of milk which that
				producer-dealer produced in the month.
D. The Pool Administrator shall calculate the
				share of the cost of promotion due each month for each Maine market dealer who
				imported milk in the month for sale within the State by applying the promotion
				rate for the period in which the month falls to the amount of milk imported by
				that dealer in the month.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-XIII - Cost of Administration

Current through 2024-29, July 17, 2024
A. For the period
				beginning June 1, 1984 and ending December 31, 1984 and for every calendar year
				thereafter, the Pool Administrator shall establish a cost of administration, by
				separate rule.
B. For the period
				beginning June 1, 1984 and ending December 31, 1984, the Pool Administrator
				shall estimate the amount of milk subject to assessment for administration. For
				this period, milk subject to assessment shall be milk received from Maine and
				Boston market producers by Maine and Boston market dealers and shall not
				include milk produced by producer-dealers or milk imported by Maine market
				dealers for sale within the State. For this period, the estimate shall be based
				on such milk received in the same period of the immediately preceding
				year.
C. For calendar year 1985 and
				for every calendar year thereafter, the Pool Administrator shall estimate the
				amount of milk subject to an assessment for administration. Milk subject to
				assessment shall be milk received by Maine and Boston market dealers from Maine
				and Boston market producers and shall not include milk produced by
				producer-dealers, milk imported by Maine market dealers for sale within the
				State or milk received from any Boston market producer to whom IV. A. 5. d.
				applies. For calendar year 1985 and for each calendar year thereafter the
				estimate shall be based on such milk received in the most recent preceding
				annual period for which the Pool Administrator has the necessary data.
D. For the period beginning June
				1, 1984 and ending December 31, 1984, and for each calendar year thereafter,
				the Pool Administrator shall establish a rate per hundredweight of milk from
				which each Maine and Boston market producer's monthly share of the cost of
				administration shall be calculated. The rate shall be established by dividing
				the cost of administration for the period or for the year by the amount of milk
				estimated for the period under B. or for the year under C.
E. For each Maine market producer and for
				each Boston market producer except those to whom IV. A. 5. d. applies, the Pool
				Administrator shall calculate a monthly share of the cost of administration by
				applying the rate calculated under D. for the period of the year in which the
				month falls to the amount of milk received in the month from the producer by a
				Maine or Boston market dealer.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-XIV - Status of an Agricultural Cooperative as a Producer-Dealer

Current through 2024-29, July 17, 2024
To establish entitlement to treatment as a producer-dealer,
				  an agricultural cooperative must file with the Pool Administrator documentary
				  evidence satisfactory to him demonstrating that
(1) it is comprised solely of dairy
				farmers;
(2) it wholly owns and
				operates its processing facilities; and
(3) each individual member's share of that
				ownership is in direct proportion to the members share of all milk produced by
				all members for the cooperative. "Share of ownership" may include common and
				preferred stock, or other evidence of ownership, and cash
				distributions.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-XV - Adjustments

Current through 2024-29, July 17, 2024
A. At any time, the Pool Administrator may
				adjust any calculation required of the Administrator by this rule, when new or
				additional information indicates that adjustment is necessary for proper
				operation of the Pool according to this rule. Where an adjustment changes the
				amount of any Pool payment or other payment into the Pool, any Pool allotment
				or other payment out of the Pool or any amount due out of the Pool, the
				Administrator shall notify any producer, dealer and cooperative directly
				affected by the change, specifying its basis and amount. The Administrator may
				require or make immediate payment of the amount or, where the change is in any
				amount to be paid into or out of the Pool, may adjust subsequent payments into
				or out of the Pool to reflect the change. Where immediate payment is required,
				it shall be made within a time specified by the Administrator.
B. Within 10 days of notification by the
				Administrator, a producer, dealer or cooperative directly affected by and
				objecting to any action taken or proposed to be taken by the Administrator
				under this Section shall so advise the Administrator in writing, setting out
				the reasons for the objection. No payment under this section is required to be
				made until objections are resolved.
C. The Pool Administrator is not required to
				make an adjustment where the Administrator determines that the cost of doing so
				is excessive in relation to the amount of change of any payment.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-XVI - Time Requirements

Current through 2024-29, July 17, 2024
A. When the day
				upon which any action required by this rule is due falls on a holiday or
				weekend day, the action shall be due on the next business day following the
				holiday or weekend day.
B. When any
				payment required to be made under this rule is made by mail it shall be deemed
				to have been made on the date of the postmark, except that the Pool payments
				required by III.B. and III-A.B., and the promotion payments required by III. G.
				must be received by the Pool Administrator no later than the day specified in
				those Sections.
C. The Pool
				Administrator must receive the information required by II. and IX by the day
				specified in those sections. Where circumstances prevent the information from
				being reported in writing to the Pool Administrator by the day specified in
				those Sections. Where circumstances prevent the information from being reported
				in writing to the Pool Administrator by the day specified, the information must
				be supplied by telephone no later than the day specified and must be followed
				by written information postmarked no later than the day specified.
D. Reports required to be filed under IV.
				shall be deemed to have been made on the date of the postmark.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-XVII - Audits

Current through 2024-29, July 17, 2024
The Pool Administrator shall audit or cause to be audited
				  information, reports and records of dealers and cooperatives required to be
				  kept or reported under this rule or otherwise necessary for proper operation of
				  the Pool. The Administrator shall determine the extent, form and frequency of
				  audits, but shall audit or cause to be audited each dealer and cooperative at
				  least twice annually. The Pool Administrator may audit or cause to be audited
				  information, reports and records submitted by eligible marketing cooperatives
				  or organizations applying for recognition as eligible marketing cooperatives as
				  he deems necessary.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 60 - MAINE MILK POOL - OPERATION › Section 001-60-XVIII - Separability

Current through 2024-29, July 17, 2024
If any provision of this rule or its application to any
				  person or circumstances is held invalid, the application of the provision to
				  other persons or circumstances, and the validity and applicability of the
				  remaining provisions, shall not be affected thereby.