reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 751 - RULES GOVERNING ARBORIST LICENSING, TESTING, AND ENFORCEMENT IN THE STATE OF MAINE › Section 001-751-3 - REQUIREMENTS FOR ARBORIST TESTING AND LICENSING

Current through 2024-29, July 17, 2024
A. An individual who wishes to practice
				arboriculture in Maine must obtain a license in the appropriate categories
				established by the Department.
B.
				The applicant must be at least 18 years of age.
C. The applicant need not be a resident of
				this state.
D. Applicants for any
				permit/license or examination must obtain an application from the Arborist
				Licensing Program, Maine Department of Agriculture, 28 State House Station,
				Augusta, Maine 04333. This completed application, accompanied by the
				appropriate non-refundable fee must be submitted to the same address for
				processing.
E. The Department
				recommends that all individuals with little or no prior experience or training
				begin as an apprentice working under the on-site supervision of a First Class
				or Master Arborist. An applicant with no prior experience or training should
				apply to the Department for either an Apprentice Landscape or Apprentice
				Utility Arborist permit.
F. The
				Department will not prevent any person from taking the First Class Arborist
				exams without having been an apprentice and if they successfully complete the
				exam those persons may become licensed as First Class Arborists and establish
				an arboricultural business.
G. An
				applicant may apply to the Department to take the First Class Landscape and/or
				First Class Utility Arborist examination. The examination for this restricted
				license category will test an individual's competence in the field or
				arboriculture.
H. An applicant for
				the Master Landscape and/or Master Utility Arborist examination must be able to
				document a minimum of five years experience and/or training before applying to
				the Department for either of these licenses.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 751 - RULES GOVERNING ARBORIST LICENSING, TESTING, AND ENFORCEMENT IN THE STATE OF MAINE › Section 001-751-4 - PROCEDURE FOR OBTAINING A PERMIT OR LICENSE

Current through 2024-29, July 17, 2024
A. An Apprentice permit will be issued by the
				Department following approval of the applicant's completed application and
				signed affidavit. The affidavit must be signed by the First Class or Master
				Arborist indicating that the Apprentice will work only under the supervision of
				a licensed First Class or Master Arborist, who will provide proper training to
				the applicant.
B. Applicants for
				either First Class or Master category license must take an examination approved
				by the Department. Exams shall be given on dates scheduled by the
				Department.
C. Within 60 days after
				written notification from the Department that an applicant successfully passed
				an exam, the applicant must submit the initial license fee, a signed insurance
				affidavit and certificate of insurance. [In addition, for a Master Landscape
				and/or Utility Arborist, a copy of the applicant's current Maine Pesticide
				Applicator license in the appropriate category(s), must be submitted.] The
				insurance affidavit must state that liability insurance, at least in the
				amounts herein prescribed, will be in effect when performing arboricultural
				activities in Maine. Failure to submit the required fees and documents noted
				above within the 60-day period will result in the applicant having to repeat
				the process and pay all fees again.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 751 - RULES GOVERNING ARBORIST LICENSING, TESTING, AND ENFORCEMENT IN THE STATE OF MAINE › Section 001-751-5 - LIABILITY INSURANCE REQUIREMENTS

Current through 2024-29, July 17, 2024
Before performing arboricultural activities in Maine, a
				  licensed arborist must:
A. Obtain
				commercial general liability insurance coverage meeting the following minimum
				requirements:
Each occurrence $150,000
General aggregate $300,000
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 751 - RULES GOVERNING ARBORIST LICENSING, TESTING, AND ENFORCEMENT IN THE STATE OF MAINE › Section 001-751-6 - FEES

Current through 2024-29, July 17, 2024
A. Applicants for any Maine arborist permit,
				examination or license may be assessed the following fees by the Department:
1. Permits
a. Initial application only $15.00
b. Renewal $30.00
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 751 - RULES GOVERNING ARBORIST LICENSING, TESTING, AND ENFORCEMENT IN THE STATE OF MAINE › Section 001-751-7 - EXAMINATION

Current through 2024-29, July 17, 2024
Examinations are based on a written Study Guide available
				  from the Department.
A. First Class
				and Master Level examinations will include both a written and a practical
				section.
B. Written exam questions
				shall be objective - True/False, multiple choice, etc. The practical
				examination section will consist of demonstrated skills and knowledge in the
				various aspects of arboriculture.
C. Oral examinations at the First Class level
				will be provided to individuals with recognized disabilities upon request and
				approval of the Department. Oral exams shall cover the same information as the
				written exams and will be scheduled by the Department.
D. Specific examination components and the
				passing grade required for each category of licensing shall be as follows:
1. Apprentice Landscape or Apprentice Utility
				Arborist - no examination required
2. First Class Landscape or First Class
				Utility Arborist
a. Exam will consist of:
i. a written open book section covering:
A. information found in the Study Guide
				available from the Department.
B.
				information concerning the "American National Standards for Tree Care
				Operations", ANSI Z133.1 and ANSI A300, produced by the American National
				Standards Institute (ANSI).
ii. a practical demonstration of the
				applicant's knowledge of tree pest and/or tree identification, the safe use of
				arborist tools and equipment, and approved arboricultural techniques.
b. The passing grade will be 70%
				or better.
3. Master
				Landscape or Master Utility Arborist
a. Exam
				will consist of:
i. a written closed book
				section covering:
A. all information in the
				Study Guide available from the Department.
B. all information concerning the "American
				National Standard for Tree Care Operations", ANSI Z133.1 and ANSI A300,
				produced by the American National Standards Institute (ANSI).
ii. a practical demonstration of
				the applicant's knowledge of tree identification, insect and disease
				identification, and problem solving.
b. The passing grade will be 75% or
				better.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 751 - RULES GOVERNING ARBORIST LICENSING, TESTING, AND ENFORCEMENT IN THE STATE OF MAINE › Section 001-751-8 - ARBORIST CODE OF ETHICS

Current through 2024-29, July 17, 2024
A. An Arborist:
1. must promote the highest ethical standards
				of personal conduct in the field of arboriculture.
2. must recommend to and inform the general
				public of proper and adequate shade tree care and must discourage the promotion
				of techniques, methods and materials that have not been adequately tested and
				approved.
3. should strive for
				increasing knowledge of arboriculture by attending arborist meetings,
				workshops, and seminars and by subscribing to trade journals and
				publications.
4. must meet all the
				requirements for a licensed arborist including the carrying of liability
				insurance to protect themselves and the public when performing arboricultural
				activities.
5. should, upon request
				of the Maine Arborist Advisory Council, aid the Council in updating the
				arborist exams, and any amendments to the Arborist Licensing Law that will
				further ensure equitable and ethical standards in the field of
				arboriculture.
6. must strive to
				share knowledge in the field of arboriculture with fellow arborists and to
				promote safe practices.
7. must be
				truthful in all verbal and written statement concerning arboricultural services
				offered.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 751 - RULES GOVERNING ARBORIST LICENSING, TESTING, AND ENFORCEMENT IN THE STATE OF MAINE › Section 001-751-9 - PROCESSING COMPLAINTS

Current through 2024-29, July 17, 2024
A. The Department
				may, on its own motion or upon the complaint of any person, investigate the
				conduct and activities of any person holding an arborist license. Any person
				filing a complaint with the Department against an arborist must submit, in
				writing, a detailed description of the conduct or activities which are the
				subject of the complaint, as well as copies of any written contracts,
				photographs and other documentary evidence relating to the complaint.
B. Complaints will be processed following
				guidelines formulated by the Department. Such guidelines are available from the
				Department upon request.
C. The
				person against whom an investigation is initiated shall be notified by the
				Department of the investigation as soon as possible, but no later than 60 days
				after the complaint is received.
D.
				The person against whom an investigation is initiated shall have 30 days from
				receipt of notification of the investigation to respond to the Department in
				writing.
E. If, after
				investigation, the Department determines that a factual basis exists concerning
				a violation of any statute, standard or regulation relating to arborist
				licensing, the Department may take any of the following actions it deems
				appropriate:
1. Enter into a consent
				agreement with the person; or
2.
				Accept voluntary surrender of the person's arborist license; or
3. Hold an adjudicatory hearing in
				conformance with the Maine Administrative Procedure Act (5 MRSA, Chapter 375,
				Subchapter IV), including the right to present and cross examine witnesses, for
				the purpose of determining whether or not to renew the person's arborist
				license.
4. Refer the matter to the
				Attorney General's Office for an enforcement action.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 751 - RULES GOVERNING ARBORIST LICENSING, TESTING, AND ENFORCEMENT IN THE STATE OF MAINE › Section 001-751-10 - DEFINITION OF UNPROFESSIONAL CONDUCT OF A LICENSED MAINE ARBORIST

Current through 2024-29, July 17, 2024
A. Performing acts
				beyond the scope of the category for which the individual is
				licensed;
B. Assigning unqualified
				persons to perform arboricultural functions contrary to the law regulating the
				practice of arborists (7 MRSA, Chapter 404, subchapter(2) and this
				chapter;
C. Failing to supervise
				persons to whom arboricultural functions have been delegated;
D. Aiding, abetting or assisting an
				individual or company to violate or circumvent any law or regulation intended
				to guide the conduct of a licensed arborist;
E. Practicing arboriculture when physical or
				mental ability is impaired by alcohol or drugs;
F. Allowing another person to use one's
				arborist license for any purpose;
G. Impersonating another licensed arborist or
				falsely representing a company or firm;
H. Impersonating any applicant, or acting as
				proxy for the applicant, in any arborist examination; and
I. Any breach of the Arborist Code of Ethics
				contained in section 8 of this chapter.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 802 - DISBURSAL OF CHALLENGE GRANT FUNDS › Section 001-802-2 - Scope

Current through 2024-29, July 17, 2024
The 111th Legislature, in 1983, created a "Fund to Encourage
				  Local Soil and Water Conservation Projects" (12 M.R.S.A. Sec. V,
				  §§205 and 206 ). Each year since then, the Legislature has
				  appropriated $100,000 to be disbursed to the Conservation Districts to initiate
				  this program. The Legislature specified that the money be:
"...disbursed periodically by the Maine Department of
				  Agriculture, Food and Rural Resources on a competitive basis to one or more of
				  the Soil and Water Conservation Districts for the funding of innovative soil
				  and water conservation projects..."
The Legislature did not specify how to distribute the money
				  or what criteria to use. It allows the Department to establish the rules,
				  indicating the factors that should be used in establishing the selection
				  criteria:
"The criteria shall, among other factors, address priority of
				  need, boldness of approach, program feasibility and reproducibilities and
				  verification of results...."
The guidelines are intended to assure that all the districts
				  can successfully participate in this program. The purpose is to inform the
				  districts of the procedures and criteria the Department will use in selecting
				  projects. It is assumed that the value of the funds sought will exceed the
				  available funds. While the point system proposed here is an aid in screening
				  applications, subjective judgment is required in the use of the criteria. The
				  judgment will be that of the Commissioner of Agriculture.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 802 - DISBURSAL OF CHALLENGE GRANT FUNDS › Section 001-802-3 - Objective

Current through 2024-29, July 17, 2024
The goal of the Soil and Water Conservation Commission was
				  expressed in its name. The Department and Districts have the statutory
				  responsibility for the conservation of all the soil and water resources of the
				  State of Maine. The Legislature has stated its intentions in 12 M.R.S.A. c. 1,
				  §§
									2. Districts may address those
				  concerns through the Challenge Grant Program.
Those concerns are as follows:
1. To encourage the optimal use of the
				state's agricultural resources;
2.
				To insure the availability of appropriate soil and water resources for the
				production of food and other renewable resources;
3. To provide for the conservation of the
				soil and water resources of the State;
4. To preserve natural resources and maintain
				the economic base for the state's natural resource based industries ....
				"
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 802 - DISBURSAL OF CHALLENGE GRANT FUNDS › Section 001-802-4 - Eligibility Procedures

Current through 2024-29, July 17, 2024
A. Only Maine's 16
				Soil and Water Conservation Districts are eligible to compete for Challenge
				Grant Funds.
B. No project will
				receive more than $20,000 in one program year. The Department shall annually
				establish this ceiling based on the appropriation. There is no limitation,
				however, on the number of projects for which a District may apply. In addition,
				Districts may apply for multi-year or multidistrict projects.
C. Capital equipment purchases may be allowed
				under certain circumstances (see Section 7 A dministrative Procedures,
				Subsection L. of these rules).
D.
				Districts must demonstrate their ability to administer the grant by having an
				acceptable bookkeeping system, annual plan of work, and record of regularly
				scheduled meetings.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 802 - DISBURSAL OF CHALLENGE GRANT FUNDS › Section 001-802-5 - Application Procedures

Current through 2024-29, July 17, 2024
A. After the
				initial year, the Department shall annually establish a schedule for
				applications, grant award, and project completion. Districts will be notified
				of this schedule by January 1 of each year that funds are
				appropriated.
B. The Department may
				wish to designate particular objectives at the time of the above announcement.
				The Department may also notify the Districts of any priority objectives for the
				coming year.
C. The Department will
				develop a project application form for the districts' use. Information
				requested will include, but not be limited to:
1. the objective of the project.
2. an explanation of the needs being
				addressed.
3. a work
				plan.
4. a budget.
5. an explanation of how the project will
				achieve the objective and the public benefits to be gained.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 803 - ELECTION OF SOIL AND WATER CONSERVATION DISTRICT SUPERVISORS › Section 001-803-1 - Election Superintendent

Current through 2024-29, July 17, 2024
At least sixty (60) days before an election is scheduled the
				  District Board of Supervisors shall appoint the District office manager or
				  clerk or other responsible person other than a supervisor to act as Election
				  Superintendent. The appointment shall be by letter and a copy of this letter
				  sent to the Department of Agriculture, Food and Rural
				  Resources.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 803 - ELECTION OF SOIL AND WATER CONSERVATION DISTRICT SUPERVISORS › Section 001-803-2 - Notice of Impending Election

Current through 2024-29, July 17, 2024
The Election Superintendent shall send to the local newspaper
				  an announcement of the upcoming election and availability of nomination
				  petitions and ballots. Notice shall appear at least thirty (30) days prior to
				  preparation and mailing of ballots. A sample legal notice shall be provided by
				  the Maine Department of Agriculture, Food and Rural Resources. Such notice
				  shall provide for all registered voters residing within the district boundaries
				  to contact the district to receive nomination petitions or
				  ballots.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 803 - ELECTION OF SOIL AND WATER CONSERVATION DISTRICT SUPERVISORS › Section 001-803-3 - Candidates

Current through 2024-29, July 17, 2024
A candidate for an elected supervisor must be a registered
				  voter residing within the boundaries of the district holding the election. The
				  candidate or representatives working in his behalf shall submit to the Election
				  Superintendent a nomination petition for the supervisor candidate signed by at
				  least twenty-five (25) registered voters residing within the boundaries of the
				  district. The Election Superintendent shall provide supervisor candidates with
				  sufficient copies of blank nominating petitions. A sample form shall be
				  provided by the Maine Department of Agriculture, Food and Rural Resources. The
				  Election Superintendent shall establish the final date by which nomination
				  petitions will be received and will certify nomination petitions for
				  completeness and eligibility.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 803 - ELECTION OF SOIL AND WATER CONSERVATION DISTRICT SUPERVISORS › Section 001-803-4 - Eligibility of Voters

Current through 2024-29, July 17, 2024
All registered voters residing within the boundaries of the
				  district holding the election are eligible to vote.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 803 - ELECTION OF SOIL AND WATER CONSERVATION DISTRICT SUPERVISORS › Section 001-803-5 - Balloting

Current through 2024-29, July 17, 2024
At least twenty-one (21) days prior to the date of the
				  election the Election Superintendent shall mail ballots to all registered
				  voters residing within the district boundaries who requested them and to all
				  district cooperators. Each official ballot shall contain the following
				  information:
Name of district.
Date of election.
Number of candidates for whom to vote.
List of candidates and town of residence.
The date and time balloting will terminate and the manner in
				  which ballots may be returned to the District.
The ballots will be prepared and distributed in a manner so
				  as to insure a secret ballot. The Election Superintendent shall hold all
				  ballots unopened until the date and time of election. Upon the close of the
				  balloting, all ballots will be opened and counted by two supervisors, neither
				  of whom are running for office in the election for which they are counting
				  ballots, in the presence of the Election Superintendent. The Election
				  Superintendent shall tabulate the results of the election showing total votes
				  cast, the number of void ballots, and the number of votes received by each
				  candidate. The candidate who receives a plurality of votes cast is elected
				  supervisor. In the event of a tie vote, a runoff election is
				  held.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 803 - ELECTION OF SOIL AND WATER CONSERVATION DISTRICT SUPERVISORS › Section 001-803-6 - Certification of Results

Current through 2024-29, July 17, 2024
The Election Superintendent shall certify to the Commissioner
				  of the Maine Department of Agriculture, Food and Rural Resources, the results
				  of the election and the names and mailing addresses, as well as legal
				  addresses, of the elected supervisors. Each supervisor candidate shall also be
				  notified of the election results. The ballots shall be held at the district
				  office for a period of one year following the date of
				  election.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 803 - ELECTION OF SOIL AND WATER CONSERVATION DISTRICT SUPERVISORS › Section 001-803-7 - Certificates of Election

Current through 2024-29, July 17, 2024
The Maine Department of Agriculture, Food and Rural Resources
				  shall issue oaths of office and certificates of election to each elected
				  supervisor certified by the district prior to the commencement of the elected
				  supervisor's term. The chairman of the district will be notified when this has
				  been done.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 806 - ADVISORY RULINGS › Section 001-806-1 - Written Request

Current through 2024-29, July 17, 2024
Upon written request of any interested person, the Commission
				  may make an advisory ruling with respect to the applicability of any statute,
				  regulation or rule administered by the Commission to him or his property or
				  actual state of facts.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 806 - ADVISORY RULINGS › Section 001-806-2 - Address to Executive Director

Current through 2024-29, July 17, 2024
All advisory ruling requests shall be addressed to the
				  Executive Director, Soil and Water Conservation Commission, Maine Department of
				  Agriculture, Augusta, Maine 04333.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 806 - ADVISORY RULINGS › Section 001-806-3 - Request for More Information

Current through 2024-29, July 17, 2024
The request shall contain sufficient facts for the Commission
				  to make a ruling. The Commission may request information from the party
				  requesting the ruling. Failure to provide such information shall be cause for
				  the Commission to refuse to issue a ruling.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 806 - ADVISORY RULINGS › Section 001-806-4 - Refusal to Issue Ruling

Current through 2024-29, July 17, 2024
The Commission may refuse to issue an advisory ruling if it
				  may harm its interests in any litigation wherein it is or may become a
				  party.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 806 - ADVISORY RULINGS › Section 001-806-5 - Ruling in Writing Within 60 Days

Current through 2024-29, July 17, 2024
Any advisory ruling shall be in writing and Issued no more
				  than 60 days from the date when all information necessary for the ruling has
				  been received by the Commission.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 806 - ADVISORY RULINGS › Section 001-806-6 - Advisory Ruling Not Binding

Current through 2024-29, July 17, 2024
An advisory ruling shall hot be binding upon the Commission,
				  provided that in any subsequent enforcement action initiated by the Commission,
				  any person's justifiable reliance upon the ruling shall be considered in
				  mitigation of any penalty sought to be assessed.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
As used in this order, the following words shall have the
				  following meaning:
A. "Books and
				Records" means books, records, accounts, memoranda or other data pertaining to
				the purchase and distribution of milk.
B. "Commission" means the Maine Milk
				Commission.
C. "Consumer" means any
				person other than a milk dealer or producer who purchases milk for fluid
				consumption.
D. "Dealer" means any
				person who purchases or receives milk for sale as the consignee or agent of a
				producer, or handles for sale, shipment, storage or processing within the State
				and shall include a producer-dealer and a sub dealer, but shall not include a
				store other than an integrated operation
E. "Federal Order" means USDA, Agriculture
				Marketing Service, Dairy Division, Federal Milk Order No. 1.
F. "Market" means any city, town or parts
				thereof of the State, or 2 or more of the same or parts thereof designated by
				the Commission as a natural marketing area.
G. "Milk" means whole milk and cream, fresh,
				sour or storage; skimmed milk and buttermilk, irrespective of whether or not
				any such milk is flavored.
H.
				"Person" means any individual, partnership, firm, corporation, association or
				other unit and the State and all political subdivisions or agencies thereof,
				except state-owned and operated institutions.
I. "Producer" means any person who produces
				milk and sells his said milk only to dealers.
J. "Producer-dealer" means a dealer who
				himself produces a part of all of his milk or a person who produces milk and
				sells to a grocery store or dairy products store or similar commercial
				establishment.
K. "Retail Sale"
				means a doorstep delivery and over-the-counter sales by stores.
L. "Store" means a grocery store, dairy
				product store, canteen, milk vending machine operator, milk dispensing operator
				or any similar commercial establishment or outlet or any other sale where milk
				is sold to consumers for consumption off the premises where sold.
M. "Sub-dealer" means any person who does not
				process milk and who purchases milk from a dealer and sells such milk in the
				same containers in which he purchased it, but shall not include a
				store.
N. "Wholesale sale" means
				sale to any other person not included in retail.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-2 - COMMISSION RULINGS

Current through 2024-29, July 17, 2024
A. Quantity
				discounts, except as provided in price schedules are illegal.
B. All containers in which milk or cream is
				sold must carry the name or trade name of the dealer on the container or the
				cap and, in addition thereto, all cream containers shall be marked with the
				words, "Half-and-Half", "Light Cream", "Medium Cream" or "Heavy
				Cream".
C. Skim milk is hereby
				defined as that fluid product of milk which contains less than 0.25% milk
				fat.
D. Half-and-Half is hereby
				defined as the milk product resulting from the combining of milk and cream in
				such proportions as to result in a mixture containing not less than 10.5%, but
				less than 18% milk fat. (See Section #16)
E. Light Cream is hereby defined as fluid
				cream, containing not less than 18% milk fat.
F. Medium Cream is hereby defined as fluid
				cream containing not less than 30% milk fat.
G. Heavy Cream is hereby defined as fluid
				cream containing not less than 36% milk fat.
H. Whole milk is hereby defined as fluid milk
				containing not less than 3.25% milk fat.
I. Low fat milk is hereby defined as milk
				which contains at least .5% and not more than 2.5% of milk fat. Low fat milk
				shall contain not less than 8.5% of milk solids not fat.
J. No milk or cream shall be sold for human
				fluid consumption in any controlled area at any other butterfat percentages
				than those defined in these Rules and Orders.
K. Dealers paying a blended price to
				producers shall compute payments on a monthly basis and use the current Class
				prices. Dealers desiring to pay on a semimonthly basis may do so by using the
				appropriate Class prices or by an estimated advance payment and making the
				necessary adjustments when monthly prices are announced.
L.
1.
				Dealer-to-Dealer sales of milk are payable at the Class I price to
				producers.
2. Dealer-to-Dealer
				sales of cream are payable at the Class II milk equivalent price to
				producers.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-3 - DEALER RECORDS AND REPORTS

Current through 2024-29, July 17, 2024
Dealers buying milk from producers shall keep the following
				  records available for inspection and audit by the Commission or its agents at
				  all reasonable times in permanent ledger form approved by the Commission or its
				  agents.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-4 - FOR EACH PAY PERIOD

Current through 2024-29, July 17, 2024
A. Daily amount of
				milk supplied by each producer (own included), totaled for the pay period for
				each producer, and totaled for the pay period for all producers.
B. Daily Class I sales at retail, wholesale
				and dealer-to-dealer, totaled for the pay period.
C. Daily sales of skim milk and cultured
				buttermilk for human fluid consumption, totaled for the pay period.
D. Record of dealer-to-dealer sales of milk
				and cream and dealer-to-dealer purchases of milk and cream with names of
				dealers, date and amount of sale or purchase, each totaled for the pay
				period.
E. Gross amount due each
				producer, itemized deductions and net payment.
F. Canceled checks or signed receipts of
				payments to producers must be available for proof of payments.
G. Each dealer shall furnish his producers a
				statement of the amount of milk purchased, the price per hundredweight, the
				total amount paid for each pay period, the itemized deductions for
				transportation and other services, the percentage of milk in each
				classification (unless the dealeris a federal order plant) and the butterfat
				test when weight and test method of payment is used.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-5 - CLASS I MILK SHALL MEAN

Current through 2024-29, July 17, 2024
A. All fluid milk
				sold, distributed or disposed of as or in milk which contains not more than
				10.5% butterfat and skim milk and cultured buttermilk sold for human
				consumption.
B. All milk products
				sold, distributed or disposed of for human consumption as or in flavored milk
				and flavored skim milk.
C. All
				fluid milk in bulk form which contains not more than 11% butterfat, skim and
				cultured buttermilk which is transferred between plants operated by one
				company, if the receiving plant is not subject to the jurisdiction of the
				Commission and not part of the Federal Milk Marketing Order #1, and sells,
				distributes or disposes of fluid milk for human consumption in amounts equal to
				or in excess of the amount of milk transferred.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-6 - CLASS II MILK SHALL MEAN

Current through 2024-29, July 17, 2024
Class II milk shall mean milk and cream not classified as
				  Class I and is one or more of the following:
A. disposed of in the form of packaged fluid
				cream;
B. manufactured into soft
				products, such as cottage cheese, ice cream, milk shake, egg nog or ice milk
				mixes, custards, puddings or any other semi-solid products resembling a Class
				II product.
C. sold in bulk form to
				another Maine dealer provided that the purchasing dealer has a Class II
				license.
D. milk or cream used for
				in-house manufacturing of soft products or,
E. surplus milk or cream sold to a
				manufacturing plant to produce soft products.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-7 - CLASS III MILK

Current through 2024-29, July 17, 2024
Class III milk shall be milk not classified as either Class I
				  or Class II and is one or both of the following:
A. milk or cream used in the manufacturing of
				hard products including milk or cream which is used for in-house manufacturing
				of hard products or,
B. surplus
				milk or cream sold to a manufacturing plant to produce hard products such as
				hard cheese, butter or dry powder.
Sales of surplus milk and cream to a manufacturing plant
				  shall be classified as Class III sales unless the audit identifies a Class II
				  sale.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-8 - COMPUTATION OF CLASS I PRICE

Current through 2024-29, July 17, 2024
For Class I milk - the Zone 1 price as announced by the U.S.
				  Department of Agriculture, Federal Milk Order No. 1 for the New England
				  Marketing Area.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-9 - COMPUTATION OF CLASS II PRICE

Current through 2024-29, July 17, 2024
For Class II milk - the price for all zones as announced by
				  the U.S. Department of Agriculture, Federal Milk Order No. 1 for the New
				  England Marketing Area.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-10 - COMPUTATION OF CLASS III PRICE

Current through 2024-29, July 17, 2024
For Class III milk - the price for all zones as announced by
				  U.S. Department of Agriculture, Federal Milk Order No. 1 for the New England
				  Marketing Area.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-11 - BUTTERFAT DIFFERENTIAL

Current through 2024-29, July 17, 2024
The butterfat differential payable by dealers to producers
				  for each 1/10 of 1% of butterfat variance from the basic 3.5% shall be the
				  monthly butterfat differential as announced by the U.S. Department of
				  Agriculture, Federal Milk Order No. 1 for the New England Marketing
				  Area.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-12 - SKIM MILK

Current through 2024-29, July 17, 2024
Skim milk - (not flavored) and cultured buttermilk sold for
				  human fluid consumption shall be paid for at the Class I - 3.5% producer price
				  applicable to the market area where sold.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-13 - CLASS I FOR CHOCOLATE AND FLAVORED MILK

Current through 2024-29, July 17, 2024
The producer shall be paid the Class I price for all the
				  whole, lowfat, or skim milk which is used in chocolate and flavored
				  milk.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-14 - CONTAINER SIZES

Current through 2024-29, July 17, 2024
A. The half-gallon
				prices shall apply to 2 single quarts banded together, so called twin-packs or
				half-gallon containers.
B. The
				gallon prices shall apply to milk sold in gallon containers only.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-15 - CONTAINER DEPOSIT

Current through 2024-29, July 17, 2024
The minimum deposit to and by all wholesale customers and
				  stores purchasing milk for resale in reusable container shall be $.25 for
				  gallons, $.15 for half-gallons and $.10 for quarts.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-17 - FLAT PRICE METHOD

Current through 2024-29, July 17, 2024
The minimum price payable to producers by dealers who
				  purchase milk by the flat price method in any controlled market area shall be
				  100%, the price as announced by the Commission.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-18 - WEIGHT AND TEST METHOD

Current through 2024-29, July 17, 2024
The established minimum prices payable to producers by
				  dealers who purchase milk by the "Weight and test" method in any controlled
				  market area shall be based on the butterfat equivalent of 3.5% for all
				  classifications according to its various usages, and such prices shall be
				  increased by the announced butterfat differential for each 1/10 of 1% of
				  average butterfat content above said test and decreased a like amount for each
				  1/10 of 1% of average butterfat content below said test.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-19 - CHANGE METHOD OF PAYMENT

Current through 2024-29, July 17, 2024
Any change in the method of payment by dealers to producers,
				  either to a flat price or weight and test method, shall have the prior approval
				  of the Maine Milk Commission.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-20 - FLUID DIETARY MILK PRODUCTS

Current through 2024-29, July 17, 2024
Fluid dietary milk products shall be considered as flavored
				  milk, or as flavored skim milk if the butterfat content is less than 2.25%; and
				  as such, the classifications of these products will be as Class I milk.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-21 - FLAVORED MILK AND STANDARD WEIGHT

Current through 2024-29, July 17, 2024
Flavored milk and flavored skim milk, to include fluid
				  dietary milk products, shall have a standard weight equivalent to 2.0 pounds
				  per quart.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-22 - BASE RATING OR QUOTA PLAN

Current through 2024-29, July 17, 2024
Licensed dealers having a base rating or quota plan, which
				  has had the prior approval of the Commission, may deduct $.50 per hundredweight
				  from the Class II price for milk beyond each producer's quota provided such
				  milk has been utilized in the manufacture of butter only, in the plant where
				  received from producers. This milk so used in the manufacture of butter shall
				  not become a part of the normal plant blend calculation, and shall be carried
				  as a separate factor in the dealer's records and on the producer's
				  checks.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-23 - MILK BALANCING

Current through 2024-29, July 17, 2024
A dealer's calendar month's utilization and blend price shall
				  be based on that dealer's "Net Class I Sales". "Net Class I Sales" shall be
				  calculated as follows:
A. A dealer
				shall first calculate its "Gross Class I Sales". "Gross Class I Sales" is the
				sum of:
1. the dealer's packaged fluid Class
				I milk sales;
2. the dealer's Class
				I sales of fluid milk in bulk to other Maine dealers.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-24 - OUT OF STATE CLASS I SALES

Current through 2024-29, July 17, 2024
Out of State Class I Sales of Maine producer milk shall be
				  credited at the Federal Order #1 Zone I blend price for the current month when
				  the dealer determines its blend price. (This calculation only applies when a
				  dealer's out of state Class I sales exceed out of state bulk milk
				  purchases.)
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-26 - MONTHLY DEALER BLEND PRICE CALCULATION

Current through 2024-29, July 17, 2024
A. The sum of B, C and D below divided by a
				dealer's producer purchases equals the monthly dealer blend price:
B. Net Class I Sales as determined in 23 and
				24 above multiplied by Class I price for the current month.
C. Class II Sales as determined in 25
				above.
D. Class III Sales as
				determined in 25 above.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-27 - MONTHLY REPORT

Current through 2024-29, July 17, 2024
Dealers must report monthly purchases and sales to the
				  Commission on a form provided or approved by the Commission. This completed
				  form is due in the Maine Milk Commission office by the twentieth (20th) of each
				  month.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 1 - ORDERS › Section 015-1-28 - RULES AND PRICE ORDERS

Current through 2024-29, July 17, 2024
These Rules and Orders shall supplement all price orders and
				  any variance between the Rules and Orders and the price order shall be resolved
				  in favor of the effective price order.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 4 - MARKETING AREAS

Current through 2024-29, July 17, 2024
SUMMARY
: "Market" means any city, town or parts
				thereof of the State, or 2 or more of the same or parts thereof designated by
				the commission as a natural marketing area. "Commission" means the Maine Milk
				Commission.
The minimum wholesale and retail prices established by the
				commission must be just and reasonable taking into due consideration the public
				health and welfare and the insuring of an adequate supply of pure and wholesome
				milk to the inhabitants of this State under varying conditions in various
				marketing areas; prevailing prices in neighboring states; seasonal production
				and other conditions affecting the costs of production, transportation and
				marketing in the milk industry, including a reasonable return to producer,
				dealer and store; and the public need for the establishment of retail milk
				prices at the lowest practicable levels.
In establishing and changing minimum wholesale and retail
				prices, the commission shall consider the effect of possible pricing decisions
				on the ability of the Maine dairy industry to compete in supplying milk to
				Maine consumers and, in such a consideration, shall include the following
				factors:
(1) The strength and
			 viability of the Maine dairy industry as a whole;
(2) The extent of any social or economic
			 benefits of maintaining dairy processing plants in different geographic regions
			 or natural marketing areas of the State; and
(3) The encouragement of consumption by Maine
			 consumers of milk produced and processed within the State, consistent with the
			 Constitution of Maine and the United States Constitution.
The Commission may vary minimum prices in different market
				areas of the State. Once minimum prices for a market take effect, no dealer,
				store or other person handling milk in that market may buy or offer to buy,
				sell or offer to sell milk for prices less than the scheduled minimum prices
				established for that market.
Because of changes in the number of processing plants and their
				location throughout the state, and because of the consolidation of retail
				distribution of milk within the state, the Commission believes it is no longer
				necessary to divide the state into different natural marketing areas.
				Therefore, the Commission hereby adopts the State of Maine as a natural
				marketing area.
STATUTORY AUTHORITY:
				   7 M.R.S.A.
				  §2954
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 5 - DEALER COST ACCOUNTING AND REPORTING SYSTEM › Section 015-5-1 - Definitions

Current through 2024-29, July 17, 2024
Unless the context other wise indicated and subject to
				  section
				  2 herein, the definitions contained in
				   7 M.R.S.A.,
				  section2951 shall apply to this
				  chapter
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 5 - DEALER COST ACCOUNTING AND REPORTING SYSTEM › Section 015-5-2 - Applicability

Current through 2024-29, July 17, 2024
The requirements of this chapter shall apply to any dealer
				  operating a plant located in the State of Maine which processed in excess of
				  three million pounds of milk during the twelve-month period immediately
				  preceding the beginning of any calendar quarter
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 5 - DEALER COST ACCOUNTING AND REPORTING SYSTEM › Section 015-5-3 - Accounting and Reporting System

Current through 2024-29, July 17, 2024
Originally the Commission modified and adopted the McClain
				  Cost Comparison Service for Milk and Ice Cream Plants published by the Edward
				  B. McClain Co., Inc., as its ongoing system of cost accounting and reporting.
				  This rule updates the Commission's adoption of that system and continues the
				  ongoing process of making it more specific to its changing needs. The
				  Commission's Dealer Cost Accounting and Reporting System (DCARS) consists of
				  Schedule A, B, C, three data forms, and an explanatory manual. These materials
				  are made a part of this chapter. (See Appendix A -(C)