reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 136 - OFFICIAL STATE OF MAINE GRADES AND STANDARDS FOR MILK AND MILK PRODUCTS FOR USE WITH THE STATE OF MAINE QUALITY TRADEMARK › Section 001-136-I - DEFINITIONS

Current through 2024-29, July 17, 2024
For the purpose of this Chapter, and unless the context
				  otherwise indicates, the following words shall have the following
				  meanings:
A. "Applicant" means a
				person who owns or operates a milk plant, who has applied for an initial
				license to use the State of Maine Quality Trademark for milk or milk products
				and a licensed user seeking to renew a license.
B. "Commissioner" means the Commissioner of
				the Maine Department of Agriculture, Food and Rural Resources.
C. "Department" means the Maine Department of
				Agriculture, Food and Rural Resources, Division of Quality Assurance and
				Regulations.
D. "Fresh Milk" means
				milk offered for sale to the public that complies with
				21
				CFR 101.95(2008), except
				that Ultra Pasteurized or Ultra High Temperature pasteurized milk may not be
				considered "fresh".
E. "Licensed
				User" means an owner or operator of a milk plant who has applied for and been
				issued a license granting permission to use the official Quality Trademark on
				packages or advertisement in compliance with Chapter 135, Official Use of the
				State of Maine Quality Trademark.
F. "Milk" means milk and milk products as
				defined in 7 M.R.S.A. §2901.
G. "Milk Plant" means any place, premises or
				establishment where milk or milk products are collected, handled, processed,
				stored, pasteurized, aseptically processed, bottled or otherwise prepared for
				distribution.
H. "Milk Producer"
				means the owner or operator of a dairy farm where milk is sold in bulk form to
				a milk plant.
I. "Produced within
				the State" means 80% of the milk in any package must have actually been
				produced within the state. For any given package, the percentage of milk
				produced within the state will be deemed to be that percentage of the licensed
				user's milk used for processing which was actually produced within Maine during
				the calendar month, according to the Maine Milk Commission.
J. "Recombinant bovine somatotropin" or rBST
				means the synthetic version of the naturally-occurring hormone, bovine
				somatotropin or rBST, produced through recombinant DNA technology.
K. "State of Maine Quality Trademark" means
				the official quality trademark consisting of a silhouette of the State of Maine
				divided into three horizontal sections, as further described in Department of
				Agriculture, Food and Rural Resources Rules, Official Use of the State of Maine
				Trademark, Chapter 135.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 136 - OFFICIAL STATE OF MAINE GRADES AND STANDARDS FOR MILK AND MILK PRODUCTS FOR USE WITH THE STATE OF MAINE QUALITY TRADEMARK › Section 001-136-II - OFFICIAL STANDARDS

Current through 2024-29, July 17, 2024
The Grade "A" pasteurized Milk Ordinance, the current
				  revision, as promulgated by the United States Department of Health and Human
				  Services and, alternatively, the standards set forth in The Maine Milk Laws of
				  the Maine Department of Agriculture, Title
				   7 MRSA
				  §§2900 through
				  2910
				  and Chapter 329-Rules Governing Maine Milk and Milk Products are hereby adopted
				  as the official standards for Maine Grade A milk.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 136 - OFFICIAL STATE OF MAINE GRADES AND STANDARDS FOR MILK AND MILK PRODUCTS FOR USE WITH THE STATE OF MAINE QUALITY TRADEMARK › Section 001-136-III - LICENSING REQUIREMENT

Current through 2024-29, July 17, 2024
An applicant must meet the criteria outlined below in order
				  to obtain a State of Maine Quality Trademark license for milk or milk
				  products:
A. An applicant must obtain
				an original affidavit executed within the preceding six months from each milk
				producer and other milk plants from whom the applicant regularly purchases or
				intends to purchase milk or milk products. All affidavits must be in compliance
				with the requirements of Section VI of this rule.
B. An applicant must provide the Department
				with an affidavit setting forth the current list of milk producers and other
				milk plants from whom the applicant regularly purchases or intends to purchase
				milk stating that the milk producers and milkplants have furnished affidavits
				in compliance with Section VI of this rule. An applicant who owns or operates a
				dairy farm where sales of milk produced on the farm are made directly to
				consumers shall also provide the Department with an affidavit in the form
				prescribed for producers by Section VI of this rule. The affidavit of an
				applicant shall also contain a statement that the applicant believes that the
				milk the applicant has or will purchase or produce is from cows not treated
				with rBST.
C. An applicant who has
				previously held a license under these rules or is a licensed user who is
				applying for a renewal of an existing license must have substantially complied
				with the requirements of this rule while exercising the privileges of the
				license.
D. An applicant must
				obtain written consent from each milk producer from whom the applicant
				regularly purchases or intends to purchase milk or milk products allowing the
				Department to draw blood from the milking herd, examine milk production
				records, inspect medicine storage places, and review such business records as
				are reasonably necessary to verify compliance with this rule.
E. An applicant must provide the Department
				with an affidavit attesting to the fact that all milk offered for sale to the
				public in containers bearing the "State of Maine Trademark" consists entirely
				of "fresh milk".
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 136 - OFFICIAL STATE OF MAINE GRADES AND STANDARDS FOR MILK AND MILK PRODUCTS FOR USE WITH THE STATE OF MAINE QUALITY TRADEMARK › Section 001-136-IV - RESPONSIBILITIES OF LICENSED USERS

Current through 2024-29, July 17, 2024
A. Licensed users
				must obtain new affidavits from milk producers and milk plants from whom milk
				is purchased on an annual basis.
B.
				Licensed users shall file supplemental affidavits with the Department showing
				the addition of any milk producers or milk plants not mentioned in the
				affidavit furnished under Section III subsection B, and shall obtain the
				applicable affidavits and consents under Section VI as soon as practicable
				following the formation of any contract or arrangement for milk purchases with
				any new milk producer or milkplant.
C. All affidavits required under this rule to
				be obtained from milk producers and milkplants must be in compliance with
				Section VI and be maintained on file and made available for inspection by the
				Department at all reasonable times.
D. A licensed user must obtain written
				consent from each milk producer from whom the licensed user purchases or
				intends to purchase milk, or milk products allowing the Department to draw
				blood from the milking herd, examine milk production records, inspect medicine
				storage places, and review such business records as are reasonably necessary to
				verify compliance with this rule. Licensed users must retain and make the
				written consents available to the Department at all reasonable times.
E. In displaying or advertising the State of
				Maine Quality Trademark and making any statements, claims or explanations with
				regard to the absence of rBST, licensed users must follow any and all labeling
				regulations or other enforceable guidelines as prescribed from time to time by
				the United States Food and Drug Administration. Failure to do this may be
				considered a violation of 7 MRSA §2901-B and may result in sanctions and
				suspension or revocation of said license.
F. Licensed users must demonstrate compliance
				at all times with all applicable federal or state laws and regulations and milk
				must meet the standards established by Section II of this rule for Maine Grade
				A milk.
G. Licensed users may affix
				the trademark only to packages containing milk produced within the
				state.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 136 - OFFICIAL STATE OF MAINE GRADES AND STANDARDS FOR MILK AND MILK PRODUCTS FOR USE WITH THE STATE OF MAINE QUALITY TRADEMARK › Section 001-136-V - INSPECTION

Current through 2024-29, July 17, 2024
The commissioner, or a duly authorized agent of the
				  commissioner, may perform inspections as authorized by the written consents
				  which must be obtained under these rules.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 136 - OFFICIAL STATE OF MAINE GRADES AND STANDARDS FOR MILK AND MILK PRODUCTS FOR USE WITH THE STATE OF MAINE QUALITY TRADEMARK › Section 001-136-VI - AFFIDAVIT FORMAT

Current through 2024-29, July 17, 2024
Licensed users shall file affidavits required in Sections
				  III and
				  IV of this rule on forms as
				  prescribed and furnished by the Commissioner.
A. In the case of affidavits supplied by milk
				producers to licensed users, the affidavits shall contain, at a minimum, the
				full name and address of the milk producer and a sworn statement stating that
				the milk producer has not used, recombinant bovine somatotropin (rBST) in the
				previous 60 days, does not possess, and does not intend to use (rBST) during
				the upcoming year. The affidavit of a milk producer shall also contain the
				consent required by Section IV, subsection B., and a statement acknowledging a
				producer's obligations under Title 7 M.R.S.A. §2901-B, sub-§ 1 which
				requires that:
1. A milk producer in this
				State who sells milk to a milk plant who uses the trademark must notify that
				milk plant before using rBST within the milking herd of the producer's dairy
				farm;
2. Notification to the dealer
				must be made at least 45 days before using rBST; and
3. Notification must be made by certified
				mail and sent to the milk plant's employee responsible for milk procurement at
				the plant location where the milk is processed.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 136 - OFFICIAL STATE OF MAINE GRADES AND STANDARDS FOR MILK AND MILK PRODUCTS FOR USE WITH THE STATE OF MAINE QUALITY TRADEMARK › Section 001-136-VII - NOTIFICATION OF NONCONFORMANCE

Current through 2024-29, July 17, 2024
The Maine Department of Agriculture, Division of Quality
				  Assurance and Regulations shall be furnished with copies of noncompliance
				  notifications to any milk producer, milk supplier, or milk plant as determined
				  by inspections performed by the Division of Animal Health and
				  Industry.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 136 - OFFICIAL STATE OF MAINE GRADES AND STANDARDS FOR MILK AND MILK PRODUCTS FOR USE WITH THE STATE OF MAINE QUALITY TRADEMARK › Section 001-136-VIII - SUSPENSION OF LICENSE

Current through 2024-29, July 17, 2024
The Commissioner may act, in accordance with the Maine
				  Administrative Procedure Act, to suspend or revoke licenses issued under this
				  rule for violation of any of the terms and conditions of this rule. The failure
				  to comply with the requirements of this rule shall be sufficient cause for the
				  suspension or revocation of the license.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 136 - OFFICIAL STATE OF MAINE GRADES AND STANDARDS FOR MILK AND MILK PRODUCTS FOR USE WITH THE STATE OF MAINE QUALITY TRADEMARK › Section 001-136-IX - RETENTION OF RECORDS

Current through 2024-29, July 17, 2024
Records and affidavits required to be maintained by licensed
				  users may be discarded after three years.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 136 - OFFICIAL STATE OF MAINE GRADES AND STANDARDS FOR MILK AND MILK PRODUCTS FOR USE WITH THE STATE OF MAINE QUALITY TRADEMARK › Section 001-136-X - STATUTORY AUTHORITY

Current through 2024-29, July 17, 2024
7 M.R.S.A.
				  §§443,
				  443-B,
				  2901-B,
				  2909
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 136 - OFFICIAL STATE OF MAINE GRADES AND STANDARDS FOR MILK AND MILK PRODUCTS FOR USE WITH THE STATE OF MAINE QUALITY TRADEMARK › Section 001-136-XI - EFFECTIVE DATE

Current through 2024-29, July 17, 2024
(
APA Office Note: see rule history below.)
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 137 - OFFICIAL STATE OF MAINE GRADE FOR BOTTLED WATER › Section 001-137-I - Official Standards

Current through 2024-29, July 17, 2024
A.7 M.R.S.A.
				§443 and §443-B authorizes the Commissioner (of Agriculture), through
				joint rulemaking with the Department of Human Services, to establish grades and
				standards on nonagricultural products. The Commissioner (of Agriculture) hereby
				incorporates by reference, as the standards for quality levels of Maine bottled
				water, the Department of Human Services, Bureau of Health's Chapter 235, Rules
				Relating to Bottled Water, Bulk Water and Water Vending Machines (Annex(I) and
				designated as "Maine Premium Grade" for water bottled in Maine.
B.
Definitions
1.
Analysis
. "Analysis" means
				the results of official tests performed by a certified laboratory.
2.
Certified Laboratories
.
				"Certified laboratories" means those laboratories approved by the Division of
				Health Engineering, DHS, or the Federal Environmental Protection Agency (EPA)
				to analyze drinking water samples covered under the Federal & State Safe
				Drinking Water Act.
3.
Drinking Water
. "Drinking water" means bottled water obtained from
				an approved source and tested by a certified laboratory..
4.
Maximum Contaminant Level
.
				"Maximum contaminant level" (MCL) means the maximum level of pollutants as set
				by Chapter 235, Rules Relating to Bottled Water, Bulk Water and Water Vending
				Machines and the State of Maine Drinking Water Regulations.
5.
Monitoring Frequency
.
				"Monitoring frequency" means the rate of recurrence of checking or testing
				water samples for various quality requirements.
6.
Parts Per Billion (ppb)
.
				"Parts per billion" means the equivalent of one pound of weight of an
				ingredient in a billion pounds of water.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 137 - OFFICIAL STATE OF MAINE GRADE FOR BOTTLED WATER › Section 001-137-II - Grade Adopted

Current through 2024-29, July 17, 2024
A.
Premium
				Grade
. "Premium grade" shall be the official grade designation for
				bottled water, provided that the water meets the current State of Maine Rules
				Relating to Bottled Water, Bulk Water and Water Vending Machines, Chapter 235
				and the following additional requirements:
1.
				Water must be from an approved source and shall not contain any constituents in
				quantities that exceed MCL's established by the Federal Environmental
				Protection Agency and does not exceed concentration levels specified in Tables
				6.1 and 8.1 and Sections 5A and 7A of Chapter 235, excluding reference to
				increased concentrations of iron, manganese and sodium specified in Section 6A.
2. Water must be bottled under
				sanitary conditions in a water bottling plant duly approved by the Department
				of Health and Human Services and bottled in Maine.
3. Access for Inspection Purposes. The
				Commissioner (of Agriculture), in person or by deputy, shall have free access,
				ingress and egress at any reasonable hour to any place or building wherein
				water is bottled, packed, stored, transported, sold, offered or exposed for
				sale or transportation. The Commissioner, in person or by deputy, may open any
				container of water bearing the grade designation and may, upon tendering the
				market price , take samples therefrom for grade analysis.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 137 - OFFICIAL STATE OF MAINE GRADE FOR BOTTLED WATER › Section 001-137-III - State of Maine Quality Trademark

Current through 2024-29, July 17, 2024
A. The State of
				Maine Quality Trademark may be used on products meeting the aforementioned
				requirements only when a permit to use the Quality Trademark has been applied
				for and Issued in compliance with the Department of Agriculture Rules 01-001,
				Chapter 135 and the following requirements:
1. The permit number shall appear on the
				label or container directly beneath the trademark or immediately following the
				name and address.
2. Water shall be
				sampled and tested for microbiological purposes at least once a week by plant
				quality control personnel from a representative sample of a continuous
				production run for each type of bottled drinking water produced during a day's
				production with testing results available upon request.
3. Water shall be sampled and tested for
				chemical, microbiological, physical, and radiological contaminants at a
				frequency set by Chapter 235, Section 5A, B, C, 6A, B, C, 7A, 8A & B and
				performed by certified laboratories with a copy of the completed analysis sent
				to the Division of Quality Assurance, Department of Agriculture, Food and Rural
				Resources, 28 State House Station, Augusta, Maine 04333-0028, and the Division
				of Health Engineering, 10 State House Station, Augusta, Maine
				04333-0010.
4. Water shall not
				exceed five (5) units of turbidity nor exceed fifteen (15) units of color when
				examined for physical quality by methods mentioned in Section 7, A of Chapter
				235.
5. Current certificates or
				notification of approval of the plant's sources of water issued by the
				Department of Human Services or a certified laboratory shall be available for
				official review upon request and records of all inspections, testing and
				production shall be maintained according to Chapter 235, Section 13, Records.
6. Product Recall. Each bottled
				water plant operator and water dealer shall develop and maintain a procedure
				for product recall and shall Implement the recall procedure for any product for
				which the operator or dealer knows or has reason to believe circumstances exist
				that may adversely affect its safety for the consumer. The product recall
				procedure shall be submitted to the Division of Quality Assurance upon
				application to use the State of Maine Quality Trademark.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 137 - OFFICIAL STATE OF MAINE GRADE FOR BOTTLED WATER › Section 001-137-IV - Suspension of Permit

Current through 2024-29, July 17, 2024
The Commissioner may act, in accordance with
				   7 M.R.S.A. §445, to
				  suspend or revoke permission to use the trademark of licensed users for
				  violation of any of the terms mentioned above. In addition, three or more
				  violations by the licensee involving misrepresentation of quality or other
				  physical characteristics of the product in any year shall be sufficient cause
				  to suspend or revoke the permit.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 137 - OFFICIAL STATE OF MAINE GRADE FOR BOTTLED WATER › Section 001-137-V - Penalties

Current through 2024-29, July 17, 2024
A. Any person who violates any of the
				provisions of these regulations shall be subject to the penalty provision of
				Title 7 M.R.S.A. §445 and Title 22 M.R.S.A. §2617.
B. Any person who violates any of the
				provisions of the State of Maine Quality Trademark will be subject to the
				penalty provisions as set forth by Department of Agriculture Rules 01001,
				Chapter 135 and Title 22 M.R.S.A. §2617.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 139 - OFFICIAL STANDARDS FOR CHRISTMAS TREES › Section 001-139-I - Official Standards

Current through 2024-29, July 17, 2024
A.7 M.R.S.A.
				§§442 and 443 authorizes the Commissioner (of Agriculture) to
				"establish and promulgate official grades and standards for farm products" and
				other natural resource products through joint rulemaking with the appropriate
				department. Such official standards shall not be lower in their requirements
				than the minimum requirements and official standards for corresponding grades
				or classifications as promulgated by the Secretary of Agriculture of the United
				States. The Commissioner hereby incorporates by reference as the standards for
				grading of Maine Christmas Trees the U.S. Standards for Grades of Christmas
				Trees, Sections 51.3085 - 51.3106 (Annex(1) of the U.S.D.A., Agricultural
				Marketing Service, effective October 30, 1989 and designated as Maine grades in
				cooperation with the Department of Conservation through joint
				rulemaking.
B.
Definitions
For the purposes of this Chapter, and unless the context
				  otherwise indicates, the following words shall have the following
				  meanings:
1. "Grades" means designated
				quality levels for Maine grades for Christmas trees, Premium, No. I and No. 2
				that are established by the Commissioner.
2. "Inspection on the stump" means the
				designation of a grade as applied to individual trees prior to
				cutting.
3. "Licensed user" means
				the association of Christmas tree growers or individual producers who have
				applied for and been issued a license to use the official quality trademark on
				tags or labels in compliance with Chapter 135, Official Use of the State of
				Maine Quality Trademark, (Annex(2).
4. "Permit number" means assigned lot or
				permit number appearing on the tag or label identifying the licensed
				user.
5. "Quality identity tags"
				means tags or labels bearing the State of Maine Quality Trademark with the
				grades designated as "Maine Premium" or "Maine No. 1" to identify the quality
				grades acceptable for use with the trademark.
6. "Representative sample" means a
				proportionate amount of the whole sample that statistically represents the
				entire lot.
7. "Trademark" means a
				silhouette of the State of Maine as described in Section II of Chapter 135,
				Official Use of the State of Maine Quality Trademark.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 139 - OFFICIAL STANDARDS FOR CHRISTMAS TREES › Section 001-139-II - Grades Adopted

Current through 2024-29, July 17, 2024
A. Pursuant to 7
				M.R.S.A. §442, the Commissioner hereby incorporates by reference the U.S.
				Premium, U.S. No. I and U.S. No. 2 grades as outlined in Sections
				51.3085-51.3106 (Annex(1) as Maine Premium, Maine Mo. 1 and Maine No. 2 grades,
				respectively.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 139 - OFFICIAL STANDARDS FOR CHRISTMAS TREES › Section 001-139-III - Inspection on the Stump

Current through 2024-29, July 17, 2024
A. Inspection on
				the stump may be requested prior to cutting with certification accomplished
				through representative sampling. The percentages of various quality levels
				reported shall pertain to all trees within the designated area.
B. Individual quality identity tags may be
				attached to trees designated as meeting minimum quality requirements at time of
				inspection on the stump.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 139 - OFFICIAL STANDARDS FOR CHRISTMAS TREES › Section 001-139-IV - Licensing Requirements

Current through 2024-29, July 17, 2024
A To facilitate the procurement and use of tags or labels
				  which display the Official State of Maine Quality Trademark, the following
				  procedures are established:
1.
				Manufacturers of tags or labels shall apply for a Provider's License and are
				subject to Section V, A.1 and 2, VI and VII of Chapter 135.
2. Licensed users shall maintain a record of
				the total number of tags printed with a valid list of members and the sequence
				of tag numbers issued to each member who collectively are subject to Section V,
				A.3, VI and VII of Chapter 135.
3.
				No industry member may use the State of Maine Quality Trademark in
				advertisements or on products which fail to conform to the official standards
				established for the State of Maine Quality Trademark program.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 139 - OFFICIAL STANDARDS FOR CHRISTMAS TREES › Section 001-139-V - Penalties

Current through 2024-29, July 17, 2024
A. Any person who violates any of the
				provisions of the State of Maine Quality Trademark regulations will be subject
				to the penalty provisions as set forth by Department of Agriculture Rules
				01-001, Chapter 135.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 141 - OFFICIAL STANDARDS FOR GRADES OF MILLED LUMBER › Section 001-141-I - Official Standards

Current through 2024-29, July 17, 2024
A.7 M.R.S.A.
				§§443 and 443-B authorizes the Commissioner (of Agriculture) through
				joint rulemaking procedures with the appropriate department (Department of
				Conservation) to establish grades and standards for nonagricultural products.
				The Commissioner (of Agriculture) hereby incorporates by reference, as the
				official standards for grades of milled lumber, the Northeastern Lumber
				Manufacturers Association's (NeLMA) "Standard Grading Rules for Northeastern
				Lumber" (Annex(1) and "NeLMA Grading Services Policies and Procedures" (Annex
				II) to ensure conformance with grading and shipping standards.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 141 - OFFICIAL STANDARDS FOR GRADES OF MILLED LUMBER › Section 001-141-II - Minimum Quality Levels

Current through 2024-29, July 17, 2024
A. Chapter 135,
				Section IV, B, 1 of the Official Use of the State of Maine Quality Trademark
				authorizes the Commissioner (of Agriculture) to designate an established
				measurable industry standard as eligible for use with the State of Maine
				Quality Trademark. The minimum quality level of each species or use-type of
				milled lumber that may be used with the State of Maine Quality Trademark will
				be as follows:
Species or Use Type Minimum Quality
1. Eastern White Pine and Norway Pine D &
				Better Select
2. Eastern White Pine
				Common Grades Standard
3. Other
				Northeastern Species D Select
4.
				Other Northeastern Common Grades No. 4 Common
5. Eastern White Pine Furniture Grades NeLMA
				#1A Furniture
6. Light Framing (4
				inches and narrower) Standard
7.
				Structural Light Framing No. 2
8.
				Decking Selected Decking
9.
				Structural Joists and Planks No. 2
10. Beams and Stringers No. 2
11. Posts and Timbers No. 2
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 141 - OFFICIAL STANDARDS FOR GRADES OF MILLED LUMBER › Section 001-141-III - State of Maine Quality Trademark

Current through 2024-29, July 17, 2024
A.
Notification of nonconformance
1.
				NeLMA personnel shall notify the Division of Quality Assurance of deficiencies
				noted during mill inspections and the issuance of "Pre-Warning
				Notices."
2. Division of Quality
				Assurance shall notify NeLMA personnel of deficiencies noted during mill visits
				and licensing procedures.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 143 - OFFICIAL STANDARDS FOR GRADES OF BUNCHED ITALIAN SPROUTING BROCCOLI DESIGNATED FOR USE WITH THE STATE OF MAINE QUALITY TRADEMARK › Section 001-143-1 - Official Standards

Current through 2024-29, July 17, 2024
A. 7
				M.R.S.A.'§ 442 and 443 authorizes the Commissioner of Agriculture to
				"establish and promulgate official grades and standards for farm products."
				Such official standards shall not be lower in their requirements than the
				minimum requirements and official standards for corresponding grades or
				classifications as promulgated by the Secretary of Agriculture of the United
				States. The Commissioner hereby incorporates by reference as the standards for
				grading of Bunched Italian Sprouting Broccoli the U.S. Standards for Grades of
				Bunched Italian Sprouting Broccoli, Sections 51.3555 - 51.3573 effective July
				12, 1943 (Annex(1) of the U.S.D.A., Agricultural Marketing Service and
				designated as Maine Grades.
B.
Definitions
For the purpose of this Chapter, and unless the context
				  otherwise indicates, the following words shall have the following
				  meanings:
1. "Grades" means designated
				quality levels for Maine grades of Bunched Italian Sprouting Broccoli, Fancy,
				No. 1 and No. 2 that are established by the Commissioner.
2. "Licensed user" means individual producers
				or packers who have applied for and been issued a permit to use the official
				Quality Trademark on packages or advertisements in compliance with Chapter 135,
				Official Use of the State of Maine Quality Trademark (Annex(2).
3. "Permit number" means lot or permit number
				appearing on the package identifying the licensed user.
4. "Trademark" means a silhouette of the
				State of Maine as described in Section 11 of Chapter 135, Official Use of the
				State of Maine Quality Trademark.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 143 - OFFICIAL STANDARDS FOR GRADES OF BUNCHED ITALIAN SPROUTING BROCCOLI DESIGNATED FOR USE WITH THE STATE OF MAINE QUALITY TRADEMARK › Section 001-143-II - Grades Adopted

Current through 2024-29, July 17, 2024
A. Pursuant to 7
				M.R.S.A. §442, the Commissioner hereby incorporates by reference the U.S.
				Fancy, U.S. No. 1 and U. S. No. 2 grades as outlined in Sections 51.3555 -
				51.3573 (Annex(1) as Maine Fancy, Maine No. 1 and Maine No. 2 grades,
				respectively.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 143 - OFFICIAL STANDARDS FOR GRADES OF BUNCHED ITALIAN SPROUTING BROCCOLI DESIGNATED FOR USE WITH THE STATE OF MAINE QUALITY TRADEMARK › Section 001-143-III - Quality Identification and Certification

Current through 2024-29, July 17, 2024
A. Use of the word "Quality " shall be used
				to identify the multiple quality grades on packages bearing the State of Maine
				Quality Trademark.
B. No licensed
				user shall prepare for market, send to market, or have in their possession any
				broccoli in packages bearing the State of Maine Quality Trademark which have
				not been determined at point of origin by a duly authorized Federal-State
				Inspector to have met the standards required by this Chapter.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 143 - OFFICIAL STANDARDS FOR GRADES OF BUNCHED ITALIAN SPROUTING BROCCOLI DESIGNATED FOR USE WITH THE STATE OF MAINE QUALITY TRADEMARK › Section 001-143-IV - Penalties

Current through 2024-29, July 17, 2024
A. Any person who violates any of the
				provisions of the State of Maine Quality Trademark regulations will be subject
				to the penalty provisions as set forth by Department of Agriculture Rules
				01-001, Chapter 135.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 144 - STANDARDS FOR THE USE OF THE STATE OF MAINE QUALITY TRADEMARK ON MOLLUSCAN SHELLFISH › Section 001-144-I - Definitions

Current through 2024-29, July 17, 2024
For the purpose of this Chapter, and unless the context
				  otherwise indicates, the following words shall have the following
				  meanings:
A.
Analysis
means the results of official tests performed by a certified
				laboratory.
B.
Certified
				laboratory
means a laboratory approved by the Maine Department of Marine
				Resources (DMR) or the U.S. Food and Drug Administration (FDA) to analyze
				molluscan shellfish and processing facility water supply.
C.
Applicant
means a person or
				business dealing with molluscan shellfish operating under a DMR Shellfish
				Sanitation Certificate, who has applied for an initial license to use the State
				of Maine Quality Trademark for molluscan shellfish products or a licensed user
				seeking to renew a license.
D.
Commissioner
means the Commissioner of the Maine Department of
				Agriculture, Conservation and Forestry.
E.
Department
means the Maine
				Department of Agriculture, Conservation and Forestry (DACF), Division of
				Quality Assurance and Regulations.
F.
Licensed user
means anyone
				who has been issued a license granting permission to use the official State of
				Maine Quality Trademark for molluscan shellfish on packages or advertisements
				in compliance with 01-001 Chapter 135,
Official Use of the State of
				Maine Quality Trademark
.
G.
Harvested within the State of
				Maine
means 100% of the shellfish in any package must have actually been
				harvested within established State of Maine boundaries.
H.
Molluscan shellfish
means any
				edible species of fresh or frozen oysters, clams, mussels, and scallops, or
				edible portions thereof, except when the scallop product consists only of the
				shucked adductor muscle.
I.
Permit number
means an assigned lot designation appearing on the
				tag or label identifying the licensed user.
J.
Shellfish Sanitation
				Certificate
means a numbered certificate issued to a shellfish dealer
				who has completed a comprehensive onsite inspection by a certified state
				inspector and found compliant with the requirements of the National Shellfish
				Sanitation Program (NSSP), and Maine statutes and regulations.
K.
State of Maine Quality
				Trademark
means the official quality trademark consisting of a
				silhouette of the State of Maine divided into three horizontal sections, as
				further described in DACF Rules, 01-001 Chapter 135,
Official Use of
				the State of Maine Quality Trademark
.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 144 - STANDARDS FOR THE USE OF THE STATE OF MAINE QUALITY TRADEMARK ON MOLLUSCAN SHELLFISH › Section 001-144-II - State of Maine Quality Trademark

Current through 2024-29, July 17, 2024
The State of Maine Quality Trademark may only be used when a
				  license has been applied for and has been issued by DAC Fin accordance with
				  these rules and with the requirements of DACF Rules, 01-001 Chapter
				  135.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 144 - STANDARDS FOR THE USE OF THE STATE OF MAINE QUALITY TRADEMARK ON MOLLUSCAN SHELLFISH › Section 001-144-III - Licensing Requirements

Current through 2024-29, July 17, 2024
The following requirements must be met in order to obtain a
				  license for use of the State of Maine Quality Trademark license on molluscan
				  shellfish products:
A. An applicant
				for a license to use the State of Maine Quality Trademark on molluscan
				shellfish must provide DACF with an affidavit attesting to the fact that
				molluscan shellfish offered for sale to the public in containers bearing the
				State of Maine Quality Trademark will consist entirely of molluscan shellfish
				harvested within the State of Maine. Affidavits must be submitted on forms and
				in a format as prescribed and/or furnished by the Commissioner and, in addition
				to the above attestation, contain at a minimum, the applicant's full name and
				address and the DMR Shellfish Sanitation Certificate number.
B. An applicant shall develop and maintain a
				procedure for product recall and shall implement the recall procedure for any
				product for which the licensed user knows or has reason to believe
				circumstances exist that may adversely affect its safety for the consumer. The
				product recall procedure must be submitted for approval to DACF's Division of
				Quality Assurance & Regulations with the application to use the State of
				Maine Quality Trademark.
C. An
				applicant must be in compliance with all applicable federal and DMR rules
				relating to shellfish sanitation and must provide DACF with a copy of a current
				and valid Shellfish Sanitation Certificate issued by DMR.
D. An applicant who has previously held a
				license under these rules or is a licensed user who is applying for a renewal
				of an existing license must have substantially complied with the requirements
				of this rule while exercising the privileges of the license.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 144 - STANDARDS FOR THE USE OF THE STATE OF MAINE QUALITY TRADEMARK ON MOLLUSCAN SHELLFISH › Section 001-144-IV - Responsibilities of Licensed Users

Current through 2024-29, July 17, 2024
A. Licensed users
				must demonstrate compliance at all times with all applicable federal and state
				laws and regulations relating to shellfish sanitation.
B. Licensed users may affix the State of
				Maine Quality Trademark only to packages containing 100% molluscan shellfish
				harvested within the State of Maine.
C. The licensed user's permit number shall
				appear on the label or container directly beneath the trademark or immediately
				following the licensed user's name and address.
D. Health inspection records of the licensed
				user issued by DMR shall be available for official review upon request and
				records of all inspections, testing and production shall be
				maintained.
E. DACF employees must
				be given free access, ingress and egress at all reasonable hours to any
				licensed user's facility, place of business or building wherein molluscan
				shellfish is packed, stored, transported, sold, offered or exposed for sale or
				transportation for the purposes of inspection. DACF employees may open any
				container of molluscan shellfish bearing the State of Maine Quality Trademark
				designation and may, upon tendering the market price, take samples therefrom
				for analysis.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 144 - STANDARDS FOR THE USE OF THE STATE OF MAINE QUALITY TRADEMARK ON MOLLUSCAN SHELLFISH › Section 001-144-V - Notification of Nonconformance

Current through 2024-29, July 17, 2024
Licensed users must provide DACF Division of Quality
				  Assurance and Regulations with copies of any notices of non-compliance,
				  negative reports or citations issued pursuant to inspections performed by
				  DMR.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 144 - STANDARDS FOR THE USE OF THE STATE OF MAINE QUALITY TRADEMARK ON MOLLUSCAN SHELLFISH › Section 001-144-VI - Suspension of License/Permit

Current through 2024-29, July 17, 2024
Any failure to comply with the requirements of the State of
				  Maine Quality Trademark on Molluscan Shellfish rule shall be sufficient cause
				  for the denial, suspension or revocation of this license. Any denial,
				  suspension or revocation of this license shall be in accordance with the
				  applicable provisions of the
Maine Administrative Procedure
				  Act
.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 144 - STANDARDS FOR THE USE OF THE STATE OF MAINE QUALITY TRADEMARK ON MOLLUSCAN SHELLFISH › Section 001-144-VII - Retention of Records

Current through 2024-29, July 17, 2024
All records required to be maintained by licensed users must
				  be kept and be readily available for inspection by DACF employees for a minimum
				  of three years.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 144 - STANDARDS FOR THE USE OF THE STATE OF MAINE QUALITY TRADEMARK ON MOLLUSCAN SHELLFISH › Section 001-144-VIII - Penalties

Current through 2024-29, July 17, 2024
In addition to denial, revocation or suspension of a license
				  to use the State of Maine Quality Trademark on molluscan shellfish, any person
				  who violates any of the provisions of the State of Maine Quality Trademark on
				  Molluscan Shellfish rule, or any other law or rule pertaining to the use of the
				  trademark, will be subject to the penalty provisions set forth by DACF Rules,
				  01-001 Chapter 135.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 170 - RULES FOR ADMINISTRATION OF MAINE AGRICULTURE PROMOTION ASSISTANCE MATCHING FUND › Section 001-170-1 - PROGRAM DESCRIPTION

Current through 2024-29, July 17, 2024
The Maine Agricultural Promotion Assistance Matching Fund has
				  been established to provide grants for promotional efforts designed to increase
				  the demand for Maine agricultural products in existing markets and to identify
				  new markets.
It is expected that the sum of $36,000 will be appropriated
				  for distribution each fiscal year. The range of funding will be up to the 50%
				  level and will be based primarily on projected benefits. No grant may exceed
				  50% of the cost of a promotional project and no grant may exceed 25% of the
				  yearly fund total. Funds will be allocated on a fiscal year basis and projects
				  should be designed to be completed within one thirty-six month period. For the
				  fiscal years 1983/84 and 1984/85, applications will be accepted through March
				  31, 1985. For subsequent fiscal years, applications will be accepted from
				  January 1st through March 31st. Applicants will be notified of the
				  Commissioner's decision by May 1st of each year.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 170 - RULES FOR ADMINISTRATION OF MAINE AGRICULTURE PROMOTION ASSISTANCE MATCHING FUND › Section 001-170-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. Fiscal Year means State of Maine fiscal
				year commencing July 1st and ending June 30th of each year.
B. Promotion means action to further the
				popularity, awareness, sales and use of Maine agricultural products.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 170 - RULES FOR ADMINISTRATION OF MAINE AGRICULTURE PROMOTION ASSISTANCE MATCHING FUND › Section 001-170-3 - ELIGIBILITY

Current through 2024-29, July 17, 2024
Applications will be accepted from individuals, incorporated
				  commodity groups, producer cooperatives, firms, businesses and organizations
				  engaged in the production, processing, marketing or promotion of Maine
				  agricultural products.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 170 - RULES FOR ADMINISTRATION OF MAINE AGRICULTURE PROMOTION ASSISTANCE MATCHING FUND › Section 001-170-4 - ELIGIBLE ACTIVITIES

Current through 2024-29, July 17, 2024
A. Preference will
				be given to new efforts of the applicant directed at new and existing markets
				both inside and outside of the State of Maine. Funding requests for expansion
				of existing programs will be considered and must be accompanied by a statement
				that the applicant is not decreasing commitment of overall funds for
				advertising and promotion.
B.
				Eligible activities may include but are not limited to:
(1) Media Advertising
(2) Publicity-Public Relations
(3) Merchandising
(4) Development of Point-of-Purchase
				Materials
(5) Trade Show
				Presentations
(6)
				Contests
(7) Package or Label
				Design
(8) Printing and
				Distribution of Bumper Stickers, Coupons, Export Brochures, Table Tents,
				Nutritional Information, Place Mats, Recipe Fliers or Cards
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 170 - RULES FOR ADMINISTRATION OF MAINE AGRICULTURE PROMOTION ASSISTANCE MATCHING FUND › Section 001-170-5 - INELIGIBLE EXPENSES

Current through 2024-29, July 17, 2024
A. Only expenses
				directly related to the project will be eligible for funding.
B. No funds shall be used for applicant's
				administrative costs, salaries, overhead, telephone, postage, etc. Capital
				expenditures are not eligible costs. Costs for individual business
				advertisements are not eligible.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 170 - RULES FOR ADMINISTRATION OF MAINE AGRICULTURE PROMOTION ASSISTANCE MATCHING FUND › Section 001-170-6 - SOURCE OF PRODUCT

Current through 2024-29, July 17, 2024
The Product being promoted must be only Maine grown fresh or
				  processed agricultural food, fiber or horticultural products, identified as
				  such. Any other food, fiber or horticultural products used in close relation to
				  the products being promoted, i.e. main ingredients in recipes, illustrated in
				  photos, posters, etc. must also be of Maine origin.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 170 - RULES FOR ADMINISTRATION OF MAINE AGRICULTURE PROMOTION ASSISTANCE MATCHING FUND › Section 001-170-7 - SOURCE OF FUNDS

Current through 2024-29, July 17, 2024
No in-kind services shall be used to match state funds. All
				  matching funds shall be received or documented by the applicant prior to
				  application. Anticipated funds will not qualify unless there is a firm letter
				  of commitment attached to the application. No state or federal funds shall be
				  used to match grants under this program.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 170 - RULES FOR ADMINISTRATION OF MAINE AGRICULTURE PROMOTION ASSISTANCE MATCHING FUND › Section 001-170-8 - ACCOUNTING

Current through 2024-29, July 17, 2024
Applicant shall maintain an accurate record of expenditures
				  incurred and shall, upon completion of the entire project, submit:
A. A financial statement summarizing
				expenditures and corresponding in format to the approved budget. An interim
				financial statement must be submitted with any budget adjustment
				requests.
B. All paid invoices or
				copies of invoices with canceled checks attached.
C. Copies of all material produced, where
				feasible.
D. A report on the
				promotion project and its results in terms of stated objectives.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 170 - RULES FOR ADMINISTRATION OF MAINE AGRICULTURE PROMOTION ASSISTANCE MATCHING FUND › Section 001-170-9 - USE OF MAINE AGRICULTURAL SYMBOL

Current through 2024-29, July 17, 2024
The "Maine Produces" symbol shall be incorporated in all
				  print copy and advertising material. Radio and television copy shall include
				  the phrase, "Maine Produces". Brochures and fliers must contain the statement,
				  "paid for in part by funds provided by the Maine Department of Agriculture,
				  Food, and Rural Resources." All copy and designs must be approved by the
				  Department.