reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 252 - RULES GOVERNING CERTIFICATION OF SEED POTATOES IN THE STATE OF MAINE › Section 001-252-5 - ADDITIONAL REQUIREMENTS FOR FOUNDATION SEED CLASS

Current through 2024-29, July 17, 2024
A.
Total Farm Entered
(1)
Entry Requirements and Procedures
				if Fields are Rejected
(a) All potato
				fields planted on a farm or farming operation using the same production
				equipment must be entered into the Maine Seed Potato Certification Program in
				order for any seed potatoes produced on such farm or operation to be eligible
				for the Foundation Seed Class.
(b)
				Fields rejected during first or second field inspections must be inspected by
				the Department before harvest and found free from Bacterial Ring Rot in order
				to allow any of the remaining fields on the same farm or farming operation
				using the same production equipment to be eligible for Foundation Seed Class.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 252 - RULES GOVERNING CERTIFICATION OF SEED POTATOES IN THE STATE OF MAINE › Section 001-252-6 - DISEASES

Current through 2024-29, July 17, 2024
A.
Bacterial Ring Rot
(1)
Testing Requirements for the
				Bacterial Ring Rot Pathogen
(a) Potato
				plants and/or tubers must be submitted to the Department's USDA-APHIS approved
				laboratory for testing:
(i) if suspected by
				the Inspector as being infected with the Bacterial Ring Rot pathogen;
(ii) if required to meet the phytosanitary
				regulations of other countries; or
(iii) if otherwise required to meet the
				provisions of this Chapter.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 252 - RULES GOVERNING CERTIFICATION OF SEED POTATOES IN THE STATE OF MAINE › Section 001-252-7 - REJECTION FROM MAINE SEED POTATO CERTIFICATION PROGRAM

Current through 2024-29, July 17, 2024
A.
Reasons and Effects
(1)
Reasons
Except as otherwise provided herein, potatoes that do not
				  meet all of the requirements of this Chapter shall fail certification and be
				  rejected from the Maine Seed Potato Certification Program.
(2)
Effects
(a) Potatoes failing certification and
				therefore rejected from the Maine Seed Potato Certification Program cannot be
				sold as seed. Further, seed potatoes, except as otherwise specifically
				authorized by this Chapter, cannot be used as seed.
(b) Except as otherwise provided in this
				Chapter, future field years of any seed potatoes which fail certification
				requirements, or are not properly certified or certifiable, are ineligible for
				certification.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 252 - RULES GOVERNING CERTIFICATION OF SEED POTATOES IN THE STATE OF MAINE › Section 001-252-8 - FEE SCHEDULE

Current through 2024-29, July 17, 2024
A.
Field
				Inspection
(1)
Fee
(a) The fee for field inspections is
				established in conjunction with the Maine Potato Board's Seed Executive
				Council.
(b) Full payment of the
				entry fee for the MaineSeed Potato Certification program is required with the
				application form.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 252 - RULES GOVERNING CERTIFICATION OF SEED POTATOES IN THE STATE OF MAINE › Appendix 001-252-I - Laboratory procedures at an authorized Nuclear Seed Origination Source involved in producing Nuclear Seed[1]

Current through 2024-29, July 17, 2024
In the Laboratory & Greenhouse
1. Disease Testing Tubers
a. Sprout tubers & remove apical tip
b. Plant remainder in greenhouse
c. Disease Test2 and
				  discard
d. Transfer tip to test tube culture medium and grow
				  plantlet
e. Section plantlets into separate nodes,
f. Disease Test2 one node 2.
				  Produce plantlets
3. Transplant plantlets to greenhouse.
4. Harden plants off and Disease
				  Test2
5. Grow to produce minitubers
Planted in soil (First Year)
(See Section
				  2. B.)
1. Plant minitubers in field (Disease
				  Test2)
2. Transplant plantlets into field (Disease
				  Test2)
1 Other methods of Pre-nuclear
				  Seed production are acceptable. (See 2.C.2.)
2 Laboratory test means testing
				  for the Bacterial Ring Rot, Blackleg, PLRV, PVA, PVS, PVX, PVY, PVY-N, Potato
				  Mop Top Virus, and PSTV pathogens.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 253 - OFFICIAL SEED POTATO GRADE FOR MAINE CERTIFIED SEED POTATOES › Section 001-253-I - Inspections

Current through 2024-29, July 17, 2024
All shipments of Maine Certified Seed Potatoes are required
				  to be inspected by an authorized Maine Seed Potato Inspector at time of packing
				  and must meet the requirements of the prescribed grade in order to be issued
				  official tag or bulk shipping permits.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 253 - OFFICIAL SEED POTATO GRADE FOR MAINE CERTIFIED SEED POTATOES › Section 001-253-II - Maine Seed Potato Grade

Current through 2024-29, July 17, 2024
The "Maine Seed Potato Grade" shall consist of unwashed
				  potatoes identified as certified seed of one variety by the State of Maine
				  which meet the following requirements as to quality and size:
A. Fairly well shaped
B. Free from:
1. Freezing injury
2. Blackheart
3. Late blight tuber rot
4. Nematode or tuber moth injury
5. Bacterial ring rot
6. Soft rot or wet breakdown
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 253 - OFFICIAL SEED POTATO GRADE FOR MAINE CERTIFIED SEED POTATOES › Section 001-253-III - Size

Current through 2024-29, July 17, 2024
A. Minimum diameter, unless otherwise
				specified, shall be not less than 1 1/2 inches.
B. Maximum size, unless otherwise specified,
				shall not exceed 3 1/14 inches in diameter or 12 oz. in weight.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 253 - OFFICIAL SEED POTATO GRADE FOR MAINE CERTIFIED SEED POTATOES › Section 001-253-IV - Tolerances

Current through 2024-29, July 17, 2024
In order to allow for variations incident to proper grading
				  and handling in the foregoing grade, the following tolerances, by weight, are
				  provided:
A.
For defects
1. 10 percent for potatoes in any lot which
				are seriously damaged by hollow heart.
2. 5 percent for potatoes in any lot which
				are seriously damaged by vascular ring discoloration.
3. 10 percent for potatoes which fail to meet
				the remaining requirements of the grade including, therein, not more than 5
				percent for external defects and not more than 5 percent for internal defects:
				Provided, that, included in these tolerances not more than the following
				percentages shall be allowed for the defects listed:
Percent
a. Bacterial Ring Rot 0.00
b. Serious damage caused by dry or moist type
				Fusarium Tuber Rot 2.00
c. Late
				Blight Tuber Rot 1.00
d. Nematode
				or Tuber Moth Injury 0.00
e.
				Varietal Mixture 0.25
f. Frozen Soft
				Rot or Wet Breakdown 0.50
Provided, that en route or at destination an additional 0.50
				  percent or a total of 1 percent shall be allowed for potatoes which are frozen
				  or affected by soft rot or wet breakdown.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 253 - OFFICIAL SEED POTATO GRADE FOR MAINE CERTIFIED SEED POTATOES › Section 001-253-V - Application of Tolerances

Current through 2024-29, July 17, 2024
Individual samples shall have not more than double the
				  tolerances specified, except that at least one defective or offsize potato may
				  be permitted in any sample: Provided, that en route or act destination
				  one-tenth of the samples may contain three times the tolerances permitted for
				  potatoes which are frozen or affected by soft rot or wet breakdown; and
				  provided further, that the averages for the entire lot are within the
				  tolerances specified for the grade.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 253 - OFFICIAL SEED POTATO GRADE FOR MAINE CERTIFIED SEED POTATOES › Section 001-253-VI - Samples for Grade and Size Determination

Current through 2024-29, July 17, 2024
Individual samples shall consist of at least 20 pounds. The
				  number of such individual samples drawn for grade and size determination will
				  vary with the size of the lot.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 255 - IMPORTED SEED POTATOES › Section 001-255-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
The terms used in this Chapter shall have the same meaning as
				  those defined in CMR 01-001, Chapter 252.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 255 - IMPORTED SEED POTATOES › Section 001-255-2 - IMPORT PERMIT REQUIRED

Current through 2024-29, July 17, 2024
An import permit will be required on all imported seed
				  potatoes planted or intended to be planted in Maine. Applications for an import
				  permit can be obtained from the Division of Plant Industry, Maine Department of
				  Agriculture, Food and Rural Resources. No import permit will be granted unless
				  the Department determines that the seed potatoes to be imported meet all
				  applicable standards for Maine certified seed potatoes.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 255 - IMPORTED SEED POTATOES › Section 001-255-3 - ISSUANCE OF PERMIT REQUIRED

Current through 2024-29, July 17, 2024
Upon approval of application by the Department, an import
				  permit will be issued. Seven days prior to expected arrival date, the importer
				  must notify the Division of Plant Industry's Inspector Supervisor at the
				  Presque Isle office. The person to whom seed potatoes are being shipped shall
				  be responsible for obtaining the proper permits.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 255 - IMPORTED SEED POTATOES › Section 001-255-4 - PHYTOSANITARY CERTIFICATE ALSO REQUIRED

Current through 2024-29, July 17, 2024
In addition to the import permit required by section
				  1, the incoming shipment shall be
				  accompanied by a phytosanitary certificate issued by the exporting state or
				  country affirming that:
A. Bacterial
				Ring Rot
1. The farm or farming operation on
				which the seed was produced has been free from bacterial ring rot
				(Corynebacterium sepedonicum or Clavibacter michiganense pv. sepedonicum) for
				the previous five(5) growing seasons.
2. The seed lot was found free of bacterial.
				ring rot during the current growing and packing season inspection.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 255 - IMPORTED SEED POTATOES › Section 001-255-5 - TAGGING

Current through 2024-29, July 17, 2024
All imported shipments of seed must be tagged as "Certified
				  Seed Potatoes" or a similar designation indicating a higher quality.
				  Certification must be done by a legal certifying agency in the State or country
				  of origin. All shipments must be in new containers provided that in the case of
				  bulk shipments, new trucks are not required where an inspector of the shipping
				  state or country certifies that the truck has been satisfactorily cleaned and
				  disinfected.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 255 - IMPORTED SEED POTATOES › Section 001-255-6 - INSPECTION BEFORE DELIVERY

Current through 2024-29, July 17, 2024
Any and all lots or shipments of imported seed potatoes must
				  be held and not delivered until inspected by a member of Division of Plant
				  Industry's Certified Seed Inspection Staff.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 255 - IMPORTED SEED POTATOES › Section 001-255-7 - SAMPLE PLANTED AND OBSERVED

Current through 2024-29, July 17, 2024
A sample taken at time of inspection of incoming seed will be
				  planted and observed during the growing season for disease.
				  content.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 255 - IMPORTED SEED POTATOES › Section 001-255-8 - FORFEITURE

Current through 2024-29, July 17, 2024
Any seed potatoes imported into the State of Maine in
				  violation of this regulation shall immediately be sent out of the state or
				  destroyed at the option and expense of the owners, his or their responsible
				  agents and under the direction of the Commissioner of Agriculture, Food and
				  Rural Resources.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 255 - IMPORTED SEED POTATOES › Section 001-255-9 - FEE

Current through 2024-29, July 17, 2024
In 2007, the fee for an import permit shall be $25.00 per
				  application plus an additional $0.10 per hundred weight except the additional
				  per hundred weight fee is not charged when the application is for minitubers or
				  plantlets. In 2008 and subsequent years, the fee for an import permit shall be
				  $25.00 per application plus an additional $0.20 per hundred weight except the
				  additional per hundred weight fee is not charged when the application is for
				  minitubers or plantlets.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 255 - IMPORTED SEED POTATOES › Section 001-255-10 - VIOLATIONS

Current through 2024-29, July 17, 2024
Any person who violates any of the provisions of this Chapter
				  is subject to a civil penalty not to exceed $500.00.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 257 - RULES GOVERNING THE ESTABLISHMENT AND OPERATION OF SEED POTATO PRODUCTION AREAS › Section 001-257-1 - AUTHORIZATION

Current through 2024-29, July 17, 2024
A.
Statutory Authorization and
				Scope
(1) The Statutory Authority for
				establishing Seed Potato Production Areas in the State of Maine is found in 7
				MRSA §§2101 - 2105.
(2)
				This chapter defines the rules governing any Seed Potato Production Areas
				established in the State of Maine.
(3) Seed Potato Production Areas established
				in the State must comply with all rules relating to Certification of Seed
				Potatoes including CMR 01-001, Chapter 252, 253, 255, 259 and 30.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 257 - RULES GOVERNING THE ESTABLISHMENT AND OPERATION OF SEED POTATO PRODUCTION AREAS › Section 001-257-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
The Terms
(1) The terms used in this rule are defined
				in CMR 01-001, Chapter 252.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 257 - RULES GOVERNING THE ESTABLISHMENT AND OPERATION OF SEED POTATO PRODUCTION AREAS › Section 001-257-3 - APPLICATION

Current through 2024-29, July 17, 2024
A.
Procedure
(1) Seed growers in any area who wish to
				apply for designation as a Seed Potato Production Area must apply to the
				Department in writing. All potato growers in such area or their agents, shall
				sign the letter of application.
(2)
				Any seed grower who lives in an area which cannot qualify as a Seed Potato
				Production Area may apply to the Department in writing for recognition of
				compliance with all the rules in this chapter.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 257 - RULES GOVERNING THE ESTABLISHMENT AND OPERATION OF SEED POTATO PRODUCTION AREAS › Section 001-257-4 - GEOGRAPHIC AREA

Current through 2024-29, July 17, 2024
A.
Isolation
(1) Seed Potato
				Production Areas must be isolated from other areas with clearly defined
				boundaries that are outlined on a topographical map.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 257 - RULES GOVERNING THE ESTABLISHMENT AND OPERATION OF SEED POTATO PRODUCTION AREAS › Section 001-257-5 - PRODUCTION PRACTICES IN THE SEED POTATO PRODUCTION AREA

Current through 2024-29, July 17, 2024
A.
Class of Seed
(1) Seed growers within the Seed Potato
				Production Area shall plant seed potatoes of the Foundation Class having a
				generation designation of generation 4 or less as defined in the Rules
				Governing the Certification of Seed Potatoes in the State of Maine (CMR 01-001,
				Chapter 252). Seed growers will strive to plant only seed potatoes having a
				generation designation of generation 3 or less.
(2) All tablestock and processing growers in
				the Seed Potato Production Area shall plant at a minimum seed potatoes of the
				Certified Class as defined in the Rules Governing the Certification of Seed
				Potatoes in the State of Maine (CMR 01-001, Chapter 252) which do not exceed
				0.5% total virus in the PostHarvest test.
(3) Seed growers within the Seed Potato
				Production Area shall ensure that a supply of seed potatoes of the Certified
				class which do not exceed 0.5% total virus in the Post-Harvest Test are
				available to homeowners for vegetable gardens of one half acre or less within
				the Seed Potato Production Area.
(4) Seed potato growers within the Seed
				Potato Production Area must conform with all the requirements for the
				production of Foundation Class seed potatoes as defined in CMR 01-001, Chapter
				252.
(5) All potato growers within
				the Seed Potato Production Area shall submit copies of their reporting forms
				for Title 7 MRSA §951-A, "Minimum Standards for Potato Seed Planting', to
				the Division of Plant Industry in Presque Isle.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 257 - RULES GOVERNING THE ESTABLISHMENT AND OPERATION OF SEED POTATO PRODUCTION AREAS › Section 001-257-6 - ENFORCEMENT

Current through 2024-29, July 17, 2024
A.
Inspection
(1) Seed Potato Inspectors with the Maine
				Department of Agriculture, Food and Rural Resources have the authority to
				inspect the production practices required within the Seed Potato Production
				Area and to recommend necessary changes to comply with these rules.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 257 - RULES GOVERNING THE ESTABLISHMENT AND OPERATION OF SEED POTATO PRODUCTION AREAS › Section 001-257-7 - GENERAL WAIVER

Current through 2024-29, July 17, 2024
(1) The
				Commissioner may, upon application of one or more growers and for good cause,
				temporarily waive any of the requirements of this chapter provided that seed
				potato quality in the Seed Potato Production Area is not thereby
				jeopardized.
(2) Any such waiver
				shall be granted only upon written application of the grower(s) involved,
				citing the reasons justifying such waiver and providing such other information
				as the Commissioner may require.
(3) If the Commissioner grants such waiver,
				the grower(s) shall comply with the terms and conditions required by the
				Commissioner.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 259 - MINIMUM STANDARDS FOR PLANTING POTATOES › Section 001-259-1 - STATUTORY PROHIBITION

Current through 2024-29, July 17, 2024
Title
				   7 M.R.S.A.
				  §951-A provides that no potato seed, the
				  product of which is intended for sale, may be planted in lots of one acre or
				  more unless it meets the minimum disease standards of Maine certified seed as
				  defined by the Commissioner of Agriculture, Food, and Rural Resources. Section
				  951-A further provides that in the event of an insufficient volume of seed of
				  any variety for planting, application to plant seed of a higher disease content
				  may be made to the Commissioner. If approved by the Commissioner, this seed
				  will qualify. The statute establishes a fine of $20.00 per acre or part acre
				  planted in violation of these provisions.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 259 - MINIMUM STANDARDS FOR PLANTING POTATOES › Section 001-259-2 - RECORDS REQUIRED

Current through 2024-29, July 17, 2024
Evidence of certified seed shall be certification records of
				  seed producer, bin location and evidence of sale to person planting. Seed plots
				  grown by a producer to provide seed for his/her own operation not inspected
				  during the growing season but tested in the Florida Test and showing less than
				  5% total virus and no evidence of Ring Rot shall be eligible under this
				  regulation. In addition, each grower shall keep records by variety and by field
				  of seed source during each growing season and report planting records on such
				  forms as may be provided by the Commissioner.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 261 - FIELD SEED CERTIFICATION › Section 001-261-1 - General Provisions

Current through 2024-29, July 17, 2024
A. The Division of
				Plant Industry is the designated official seed certifying agency in certifying
				the varietal purity, quality, vitality and disease-freedom of seeds of field
				crops in accordance with these rules and standards.
B.
Classes of Seed
1.
Breeder Seed
- Seed
				recognized by the Division as being seed of a variety (cultivar) that has been
				produced by a recognized plant breeder or plant breeders responsible for the
				maintenance breeding of that variety under conditions which have insured that
				the specific characteristics of the variety have been maintained and which
				provides the source for the initial and recurring increases of seed of the
				Certified classes.
2.
Foundation Seed
- The approved progeny of Breeder or Foundation
				Seed produced by seed growers authorized by the Division for the production of
				seed of this class, and which has been so managed as to maintain its specific
				genetic identity and purity. The seed is graded by a Division seed grain
				inspector. Foundation is the highest class of seed of commerce.
3.
Registered Seed
- The
				approved progeny of Breeder or Foundation Seed so managed as to maintain
				satisfactory genetic identity and purity. The production is supervised and
				approved by the Division. The seed is graded by a Division seed grain
				inspector.
4.
Certified
				Seed
- the approved progeny of Breeder, Foundation, or Registered Seed
				so managed as to maintain satisfactory genetic identity and purity. The
				production is approved by the Division. This seed is graded by a Division seed
				grain inspector.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 261 - FIELD SEED CERTIFICATION › Section 001-261-2 - Individual Crop Standards

Current through 2024-29, July 17, 2024
A.
Small
				grains
1.
Field Standards for
				small grain seed shall be as follows:
Maximum Each Class
Factor
Foundation or
							 Registered
Certified
Other varieties
.02%
.05%
* Inseparable other crops
1 per acre
5 per acre
Bunt
none
none
** Other smuts
0.5%
2.0%
-----------------
* No rye, vetch, or winter barley is permitted in
				  wheat.
** Seed from fields having more than 0.5% other smuts shall
				  be treated with a fungicide approved by the Commissioner.
Note
: Rye shall be 660 feet from fields which
				  would be a source of contamination.
2.
Seed standards for small grain seed
				shall be as follows
:
Classes of seed
Factor
Foundation or
							 Registered
Certified
Pure seed (minimum)
Oats
98.0%
98.0%
Wheat, Barley, Rye, Buckwheat
96.0%
96.0%
Inert matter (maximum)
Oats
2.0%
2.0%
Wheat, Barley, Rye, Buckwheat
4.0%
4.0%
Weeds (maximum)
2 per lb.
2 per
							 lb.
Noxious weeds (maximum)
none
none
Other crops - no rye or vetch allowed (maximum)
1 per 2 lbs.
2 per lb.
Other varieties - same crop (maximum)
.02%
.05%
Germination (minimum)
90.0%
Except rye which shall be
80.0%
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 265 - DISCONTINUATION OF MAINE APPLE TREE POOL PROGRAM

Current through 2024-29, July 17, 2024
The Maine Apple Tree Pool will be discontinued as of July 1,
				1984. The remaining balance in the Pool of approximately $10,000 (estimate)
				will be used for Horticultural Development Programs, including strawberry and
				raspberry development.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 266 - HEMLOCK WOOLLY ADELGID QUARANTINE › Section 001-266-1 - HEMLOCK WOOLLY ADELGID QUARANTINE

Current through 2024-29, July 17, 2024
1.
Pest
. A quarantine is established against Hemlock Woolly Adelgid
				(Adelges tsugae Annand) and possible carriers.
2.
Regulated articles
: Plants
				and plant products of hemlock (Tsuga spp.) listed below:
A. Rooted plants (seedlings & nursery
				stock)
B. Hemlock branches and/or
				needles
C. Chips with top
				material(branches and/or needles), and
D. Uncomposted bark with top material
				(branches and/or needles).
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 266 - HEMLOCK WOOLLY ADELGID QUARANTINE › Section 001-266-2 - RESTRICTIONS FROM QUARANTINE AREAS

Current through 2024-29, July 17, 2024
All regulated articles having originated or previously been
				  held in an area under quarantine are prohibited entry into non-quarantined
				  areas in the State of Maine except as specifically allowed and conditioned
				  below.
1. Rooted hemlock plants
				originating from or having previously been held in an area under quarantine are
				prohibited entry into non-quarantined areas in the State of Maine unless
				treated by a method approved by the State Plant Regulatory Official.
2. Rooted hemlock plants which have been
				transported through an area under quarantine are prohibited entry into
				non-quarantined areas in the State of Maine except in accordance with the
				following conditions:
A. The vehicle
				transporting the regulated articles must be enclosed by a covering adequate to
				prevent the introduction of Hemlock Woolly Adelgid (such as canvas, plastic, or
				closely woven cloth), or must be in an enclosed trailer body,
B. The regulated articles were not off-loaded
				in the area under quarantine, and
C. No regulated articles were added to the
				shipment in the quarantined area.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 266 - HEMLOCK WOOLLY ADELGID QUARANTINE › Section 001-266-3 - RESTRICTIONS FROM NON-QUARANTINED AREAS

Current through 2024-29, July 17, 2024
1. Rooted
				hemlock plants from non-quarantined areas shipped into non-quarantined areas in
				Maine must be accompanied by a State Phytosanitary Certificate, or a
				Certificate of Origin, signed by a plant regulatory official in the originating
				state, indicating the number and type of regulated articles, and attesting to
				the fact that the regulated articles:
A.
				Originated from a non-quarantined area,
B. Have not been held in an area under
				quarantine, and
C. Have not been
				exposed to regulated articles from quarantined areas.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 266 - HEMLOCK WOOLLY ADELGID QUARANTINE › Section 001-266-4 - VIOLATIONS

Current through 2024-29, July 17, 2024
1. Any written agreement to ship or receive
				roundwood with bark, uncomposted bark and chips with bark from quarantined to
				preapproved sites in Maine may be canceled by the Maine Forest Service if the
				person who entered into it fails to comply with the provisions of this rule. If
				the person has been given notice of cancellation orally, written confirmation
				of the decision and the reasons for it will be provided within 10 working days.
				Written agreements may be reinstated by the Maine Forest Service if it finds
				that the reason(s) for cancellation has (have) been rectified.
2. Any person found to violate any provision
				of this quarantine is guilty of a Class E crime.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 267 - LICENSE FEES TO SELL NURSERY STOCK › Section 001-267-I - STATUTORY AUTHORITY

Current through 2024-29, July 17, 2024
The Department of Agriculture is authorized by
				   32 MRSA,
				  §1901, sub-§1-B to promulgate rules
				  to establish fees for licenses to sell nursery stock.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 267 - LICENSE FEES TO SELL NURSERY STOCK › Section 001-267-II - DEFINITIONS

Current through 2024-29, July 17, 2024
A. "Nursery stock" means:
a. woody plants, including ornamental and
				fruiting trees, shrubs, vines and all viable parts of these plants;
b. herbaceous plants, including florist stock
				plants, annuals, perennials, vegetable seedlings, herbs, potted plants and all
				viable parts of these plants; and
c. any other plant or plant part designated
				by the commissioner.
"Nursery stock" does not include cut Christmas trees,
				  wreaths, field crops, seeds, dried herbs and flowers, and cut flowers.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 267 - LICENSE FEES TO SELL NURSERY STOCK › Section 001-267-III - FEES FOR OBTAINING A LICENSE TO SELL NURSERY STOCK

Current through 2024-29, July 17, 2024
A. An applicant who has a nursery stock
				retail sales area in excess of 150 square feet or gross annual sales of nursery
				stock in excess of $500, shall pay a license fee of $25 per year.
B. An applicant who has gross annual sales of
				nursery stock of $500 or less and a nursery stock retail sales area of 150
				square feet or less shall pay a license fee of $5 per year.
C. Educational institutions are exempt from
				the license fee.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 270 - MAINE APIARY RULES AND REGULATIONS › INTRODUCTION › Section 001-270-I - Statutory Authorization and Scope

Current through 2024-29, July 17, 2024
A. The
				  statutory authority for the Maine Apiary Program is found in 7 MRSA chapters
				  521, 523, 525, 527, 529, 531.
B.
				  The statutory authority for proposing and adopting rules is found in 5 MRSA,
				  The
Maine Administrative Procedure Act
, Chapter 375.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 270 - MAINE APIARY RULES AND REGULATIONS › INTRODUCTION › Section 001-270-III - Licensing Requirements

Current through 2024-29, July 17, 2024
A.
Licensing
1. All persons owning
				  honeybees that remain within the state shall notify the Commissioner of the
				  number of colonies and their location by June 15th of each year.
2. All persons owning honeybees shall forward
				  to the Commissioner for deposit with the Treasurer of State, an annual license
				  fee in accordance with the fee schedule listed below.
3. All fees received pursuant to this
				  subsection must be paid to the Treasurer of State and credited to a separate,
				  nonlapsing account in the Department. Money received pursuant to this
				  subsection must be used for the expenses of administering this
				  chapter.
4. No license fee may be
				  less than $10.00 per beekeeper. A license may be issued for a one-year, 2-year
				  or 3-year period. Licenses for a period in excess of one year may be issued
				  only with the agreement of or at the request of the applicant. The fee for a
				  2-year license is 2 times the annual fee. The fee for a 3-year license is 3
				  times the annual fee.
5.
Fee
				  Schedule
Number of Colonies
License/Permit Fee
1-10
$10.00
11-30
20.00
31- 70
30.00
71- 100
40.00
101- 200
55.00
201- 300
75.00
301- 400
90.00
401- 500
105.00
501- 600
120.00
601- 700
135.00
701- 800
150.00
801-900
165.00
901-1000
180.00
1001-1500
215.00
1501-2000
250.00
2001-3000
365.00
3001-4000
470.00
4001-5000
500.00
5001-6000
520.00
6001-7000
540.00
7001+
550.00
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 270 - MAINE APIARY RULES AND REGULATIONS › INTRODUCTION › Section 001-270-IV - Importation Requirements

Current through 2024-29, July 17, 2024
A.
Import
				  Permits
1. Honeybees or used honeybee
				  equipment shipped or moved from any other state or country into the State of
				  Maine must be accompanied by a permit issued by the Department.
2. The Department shall issue a permit for
				  the importation of honeybees or used honeybee equipment when the applicant
				  submits:
a. A completed Import Notification
				  of Bees application form;
b. A
				  certified health certificate from the state of origin; and
c. The permit fee according to the fee
				  schedule found in III Licencing Requirements Part A, 5. Fee Schedule.
3. The application, certified
				  health certificate, and permit fee must be received by the Department and the
				  permit issued prior to movement of honeybees or equipment into the State of
				  Maine.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 270 - MAINE APIARY RULES AND REGULATIONS › INTRODUCTION › Section 001-270-V - Honey Bee Diseases, Parasites, and Genetic Material

Current through 2024-29, July 17, 2024
A.
Regulated pests and genetic material
				  shall be
:
1. American foul brood
				  (
Bacillus larvae
)
2. Varroa mite (Varroa jacobsoni)
3. Tropilaelaps mite
				  (
Tropilaelaps
spp.)
4. Africanized honeybees (
Apis
				  mellifera scutellata
)
5.
				  Asian honey bee (
Apis cerana
)
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 270 - MAINE APIARY RULES AND REGULATIONS › INTRODUCTION › Section 001-270-VI - Inspection

Current through 2024-29, July 17, 2024
A.
Inspections
1. The State Apiarist and part-time bee
				  inspectors employed by the Commissioner shall make such inspections of the
				  apiaries or hive locations throughout the State as the Commissioner deems
				  necessary to determine the presence of regulated honeybee diseases, parasites,
				  or unwanted genetic material.
2.
				  State apiary inspectors shall, so far as practicable, inspect or cause to be
				  inspected at least once each year any or all apiaries within the State of
				  Maine.
3. State apiary inspectors
				  may enter at all reasonable times, upon the premises or apiary locations of any
				  beekeeper to examine bees, equipment, and appliances to determine the presence
				  of regulated honeybee diseases, parasites, or unwanted genetic
				  stock..
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 270 - MAINE APIARY RULES AND REGULATIONS › INTRODUCTION › Section 001-270-VII - Protection From Damage

Current through 2024-29, July 17, 2024
A.
Disturbing
				  Honey Bees on Another Person's Land
1.
				  No person may enter upon the land of another for the purpose of capturing,
				  destroying or interfering with a colony or swarm of honeybees or removing
				  honey, except by the consent of the owner of the land.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 272 - EUROPEAN LARCH CANKER QUARANTINE › Section 001-272-1 - EUROPEAN LARCH CANKER QUARANTINE

Current through 2024-29, July 17, 2024
A quarantine is established against the following pest and
				  possible carriers.
1.
Pest
. European Larch Canker (
Lachnellula
				willkommi
(Dasycypha)).
2.
Regulated articles
.
A. Logs,
				pulpwood, branches, twigs, plants, scion and other propagative material of the
Larix
or
Pseudolarix
spp. except
				seeds;
B. Any other article,
				product or means of conveyance, which, in the determination of the commissioner
				of the Department of Agriculture (the commissioner), presents the risk of
				spread of European larch canker.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 272 - EUROPEAN LARCH CANKER QUARANTINE › Section 001-272-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Certificate
. A document in
				which an inspector affirms that a specified regulated article is free of
				European larch canker and may be moved to any destination outside the area
				under quarantine.
2.
Compliance Agreement
. A written agreement between the State of
				Maine and a person engaged in growing, handling, receiving or moving regulated
				articles, in which the person agrees to comply with its specified provisions
				.
3.
Inspector
. Any
				employee of the Division of Plant Industry, Maine Department of Agriculture,
				Maine Forest Service, Maine Department of Conservation, or other person
				authorized by the commissioner to enforce this chapter.
4.
Limited Permit
. A document in
				which an inspector affirms that the regulated article identified on the
				document is eligible for movement in accordance with this chapter only to a
				specified destination and only in accordance with specified
				conditions.
5.
Person
.
				Any association, company, corporation, firm, individual, joint stock company,
				partnership, society, or other entity.
6.
Trip Ticket
. A form used to
				identify the origin and destination of a truckload of wood in accordance with
				10 M.R.S.A. Chapter 501, Subchapter II-A.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 272 - EUROPEAN LARCH CANKER QUARANTINE › Section 001-272-3 - RESTRICTIONS

Current through 2024-29, July 17, 2024
1.
Movement within Quarantined
				Areas
- Movement of a regulated article solely within the quarantined
				area is allowed without restriction.
2.
Movement out of a Quarantined Area
				with Certificate
- Regulated articles for which a certificate has been
				issued in accordance with this chapter may be moved out of a quarantined area
				provided the following conditions are met:
A.
				The regulated article originated in an area free of European larch canker based
				on an inspection of the site OR;
B.
				The regulated article has been grown, produced, stored or handled so that the
				regulated article is free of European larch canker OR;
C. The regulated article has been inspected and found
				free of European larch canker.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 272 - EUROPEAN LARCH CANKER QUARANTINE › Section 001-272-4 - ATTACHMENT AND DISPOSITION OF CERTIFICATES AND LIMITED PERMITS

Current through 2024-29, July 17, 2024
1.
Attachment
- A certificate or
				limited permit required for the movement of a regulated article must be
				attached to the outside of the container containing the regulated article, or
				to the regulated article itself if not in a container, at all times during the
				movement. The requirements of this section may also be met by attaching the
				certificate or limited permit to the consignee's copy of the waybill, invoice,
				or shipping document, provided the regulated article is sufficiently described
				on the certificate or limited permit and on the waybill, invoice, or shipping
				document, to identify it. For logs and pulpwood, the requirements of this
				section may also be met by a statement stamped on a trip ticket accompanying
				the shipment which attests to the fact that the regulated articles in the
				shipment are being moved under a certificate or limited permit issued by the
				State of Maine and meets all the terms and conditions of this chapter. Stamps
				attesting to these requirements can only be affixed to a trip ticket by a
				person who has entered into a compliance agreement with the State of
				Maine.
2.
Disposition
- The certificate or limited permit for the movement of a regulated article
				must be furnished by the carrier to the consignee at the destination of the
				regulated article.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 273 - CRITERIA FOR LISTING INVASIVE TERRESTRIAL PLANTS › Section 001-273-II - Criteria for Evaluating Terrestrial Plant Species

Current through 2024-29, July 17, 2024
In order to include a plant on a list of invasive terrestrial
				  plant species administered by the Maine Department of Agriculture, Conservation
				  and Forestry the following criteria must be met:
A. Be non-native to Maine, and
B. Have the potential for rapid growth,
				dissemination and establishment in minimally managed habitats, and
C. Have the biological potential for
				widespread dispersion and for dispersing over spatial gaps, and
D. Have the biological potential for existing
				in high numbers or large colonies in minimally managed habitats, and
E. Have the potential to displace native
				species in minimally managed habitats.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 273 - CRITERIA FOR LISTING INVASIVE TERRESTRIAL PLANTS › Section 001-273-III - Prohibitions and restrictions

Current through 2024-29, July 17, 2024
No person shall import, export, buy, sell, or intentionally
				  propagate for sale or distribution any living and viable portion of any plant
				  species, which includes all of their cultivars, varieties and hybrids, listed
				  in Section
				  V.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 273 - CRITERIA FOR LISTING INVASIVE TERRESTRIAL PLANTS › Section 001-273-IV - Transition

Current through 2024-29, July 17, 2024
The effective date for prohibition or restriction of the
				  plants listed in Section V that are already growing in Maine or in the channels
				  of trade in Maine at the time this rule is adopted are indicated in the Section
				  V list of regulated invasive terrestrial plant species.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 273 - CRITERIA FOR LISTING INVASIVE TERRESTRIAL PLANTS › Section 001-273-VI - Variances

Current through 2024-29, July 17, 2024
A. A variance may be granted by the State
				Horticulturist to allow for importation and field experimentation of invasive
				plants listed in Section V for scientific, educational, or other purposes under
				conditions prescribed by the State Horticulturist. Any variance(s) shall be in
				the form of a permit issued by the State Horticulturist.
B. Preserved specimens in the form of
				herbaria or other preservation means are exempt from this rule.
C. Varieties, cultivars, hybrids and/or
				subspecies that have been shown not to be invasive through scientific research
				and analysis may be considered exempt from this rule after review by a
				committee established by the Department.
1.
				Data submitted must include sources with no financial interest in the species,
				such as universities, agricultural experiment stations, cooperative extension,
				USDA or botanical gardens; and
2.
				Regulatory status in nearby states shall also be
				considered.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 273 - CRITERIA FOR LISTING INVASIVE TERRESTRIAL PLANTS › Section 001-273-VII - Species Watch List

Current through 2024-29, July 17, 2024
Evaluated plant species that do not currently meet all the
				  criteria contained in section
				  II but may meet those criteria within
				  the next five years. These species are not subject to the prohibitions in
				  Section
				  III.
Scientific Name
Common Name
Actinidia arguta
Hardy kiwi
Akebia quinata
Chocolate vine; five-leaf akebia
Arum italicum
Italian arum
Broussonetia papyrifera
Paper mulberry
Buddleja davidii
Butterfly bush
Clematis terniflora
Yam-leaved virgin's bower, sweet autumn
Dioscorea oppositifolia
Indian yam
Dioscorea polystachya
Chinese yam
Eragrostis curvula
Weeping lovegrass
Filipendula ulmaria
Queen of the meadow
Lespedeza bicolor
Bicolor lespedeza, two-colored bush-clover
Ligustrum ovalifolium
California privet
Lonicera caerulea
Honeyberry, haskap
Lychnis flos-cuculi or Silene
							 flos-cuculi
Ragged robin
Morus alba
White mulberry
Quercus acutissima
Sawtooth oak
Rosa rugosa
Rugosa rose, beach rose
Saccharum ravennae or Tripidium
							 ravennae
Ravenna grass, hardy pampas grass
Salvia glutinosa
Sticky sage
Silybum marianum
Milk thistle
Spiraea japonica
Japanese spiraea
Symplocos paniculata
Sapphire-berry
Syringa reticulata
Japanese tree lilac
Toona sinensis
Chinese cedar
Ulmus pumila
Siberian elm
Viburnum dilatatum
Linden arrowwood
Viburnum sieboldii
Siebold viburnum
Wisteria floribunda
Japanese wisteria
Wisteria sinensis
Chinese wisteria
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 273 - CRITERIA FOR LISTING INVASIVE TERRESTRIAL PLANTS › Section 001-273-VIII - Invasive Terrestrial Plant Species of Special Concern

Current through 2024-29, July 17, 2024
Scientific Name
Common Name
Rosa rugosa
Rugosa rose, beach rose