reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 25 - RULES FOR ADOPTION OF FRESH BLUEBERRY MARKET ORDERS › Section 001-25-5 - Purposes of the Blueberry Market Order

Current through 2024-29, July 17, 2024
The Blueberry Marketing Committee, with the approval of the
				  Commissioner, may expend funds and carry out the following functions in
				  furtherance of the Blueberry Market order, the Act and the following
				  purposes:
A. Promotion. The Blueberry
				Marketing Committee, with the approval of the Commissioner, may carry out such
				advertising, promotion and publicity program as they believe will maintain or
				enhance present markets or create new markets for blueberries. However, no such
				advertising, promotion or publicity program shall be conducted with reference
				to any particular private brand or trade name and no such program shall
				disparage the quality, value, sale or use of any other agricultural
				commodity.
B. Marketing and Product
				Research. The Blueberry Marketing Committee, with the approval of the
				Commissioner, may carry out such marketing and/or product research as they
				believe to be beneficial to the blueberry industry.
C. Information Services. The Blueberry
				Marketing Committee, with the approval of the Commissioner, may establish
				mechanisms to provide for information services designed to keep the industry
				informed of such factors as crops, packs, storage facilities, marketing and
				product research, promotion, advertising and publicity programs, and similar
				information useful to the industry.
D. Standards. The Blueberry Marketing
				Committee shall assist the Commissioner in the development of appropriate
				standards of quality, grade, condition, size, maturity or pack for blueberries,
				or for other handling procedures of such commodities. The Committee shall also
				assist the Commissioner and his representatives in providing for appropriate
				inspection necessary to enforcement of such standards.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 25 - RULES FOR ADOPTION OF FRESH BLUEBERRY MARKET ORDERS › Section 001-25-6 - Budget and Assessment

Current through 2024-29, July 17, 2024
All blueberry handlers shall be subject to the assessment
				  levied under the Blueberry Market order in accordance with this section.
A. Budget. The Blueberry Marketing Committee
				shall estimate a budget necessary for the administration and enforcement of the
				order and these regulations and for carrying out the program created thereunder
				for each calendar year. Based upon such recommendation of the Committee and
				such other factors as he deems appropriate, the Commissioner shall announce the
				final budget for the calendar year.
B. Assessment. Consistent with the budget
				established pursuant to subsection A, the Commissioner shall fix rates of
				assessment to provide adequate funds to defray expenditures in the budget. The
				assessment rate shall not exceed that which is established under the Market
				Order and, in any case, shall not exceed the maximum statutory rate.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 25 - RULES FOR ADOPTION OF FRESH BLUEBERRY MARKET ORDERS › Section 001-25-7 - Reporting

Current through 2024-29, July 17, 2024
Reports by blueberry handlers are required to facilitate
				  accurate information services and to provide a basis for budget estimation and
				  assessment. Not later than October 1 of each calendar year, each blueberry
				  handler shall file with the Blueberry Marketing Committee, on forms prescribed
				  by that Committee, a declaration of the volume in pounds of blueberries packed
				  and sold in such calendar year by such handler for fresh market
				  purposes.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 25 - RULES FOR ADOPTION OF FRESH BLUEBERRY MARKET ORDERS › Section 001-25-8 - Collection

Current through 2024-29, July 17, 2024
A. Liability of Handler. Each blueberry
				handler shall be responsible for proper accounting and payment of the proper
				assessment for the blueberries which he markets in consumer packs.
B. Payment Schedule. Blueberry handlers shall
				make remittance and accounting of the proper assessment to the Commissioner or
				his designated fiscal agent not later than October I of each calendar year.
				Payment shall be made at that time for the assessment levied on all blueberries
				marketed in consumer packs by blueberry handlers during the marketing year;
				provided that, for the first year, payment of the assessment and accounting
				therefor is due only for blueberries marketed in consumer packs between the
				effective date of this rule and October 1, 1985.
C. Blueberry handlers who do not timely remit
				and account for assessments in accordance with these rules shall pay an
				additional assessment of 10% of the amount owed plus interest thereon computed
				at the rate of 12% per annum together with any civil penalty imposed under the
				law; provided that the Commissioner may waive these additional charges in cases
				of excusable neglect.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 25 - RULES FOR ADOPTION OF FRESH BLUEBERRY MARKET ORDERS › Section 001-25-9 - Termination

Current through 2024-29, July 17, 2024
A. By the Commissioner. The Commissioner may
				terminate a Market Order in the manner provided in 429 of the Act whenever he
				determines that the provisions of the Market Order do not effectuate
				legislative policy.
B. The
				Commissioner shall terminate the market Order on or before July 1 if he has
				received, prior to April 15 of that year, a properly completed Petition for
				Termination and has determined, prior to June 15 of that year, that termination
				is favored by at least 50% of the blueberry handlers who produced at least 51%
				of the volume represented by all blueberry handlers in the immediately
				preceding calendar year. Petitions and termination procedures shall be governed
				by the following provisions:
A Petition for Termination shall provide that its signatories
				  favor termination of the existing Market Order. Each person signing shall
				  certify that he was a blueberry handler engaged in the packing and marketing of
				  blueberries &ring the preceding marketing year and shall certify the volume
				  in pounds of blueberries marketed by him.
A Petition for Termination shall be considered properly
				  completed only if it contains a sufficient number of signatures to represent at
				  least 25% of the blueberry handlers who marketed at least 25% of the
				  blueberries marketed by all blueberry handlers.
Upon receipt of a Petition for Termination, the Commissioner
				  shall distribute and tabulate termination ballots in the same manner as
				  referendum ballots pursuant to section 3 herein.
C. Amendments to These Rules or to the Market
				Order. Except as otherwise provided therein, amendments to the terms set forth
				in the Market Order itself (Chapter 26) shall require a new referendum;
				provided that amendments to these rules (Chapter 25) may be promulgated by the
				Commissioner by rulemaking under the Administrative Procedure Act, and with the
				recommendation or consent of the Blueberry Marketing Committee, but without
				further referendum.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 26 - FRESH-PACK BLUEBERRY MARKET ORDER › Section 001-26-1 - Definitions and Exemptions

Current through 2024-29, July 17, 2024
1. Definitions and
				Exemptions.
Provisions of the Rules for Adoption of Market Orders
				  Affecting Agricultural Commodities, 01001 of Maine Regulations Chapter 2, are
				  incorporated herein with the following additions and/or revisions:
A. Definitions.
1. Blueberries means fresh wild blueberries
				packed in Maine for the fresh market in consumer sizes (up to and including
				one-quart containers), subject to the exemptions in Subsection B
				below.
2. Blueberry handler means
				any person or organization (including cooperatives) engaged in packing
				blueberries for the fresh market, subject to the exemptions in Subsection B
				below.
3. Persons affected, for
				purposes of this Market Order, shall be all non-exempt blueberry
				handlers.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 26 - FRESH-PACK BLUEBERRY MARKET ORDER › Section 001-26-2 - Blueberry Assessment

Current through 2024-29, July 17, 2024
In order to pay the costs of carrying out the Order, the rate
				  of assessment shall be established and may be amended from time to time by the
				  Commissioner in accordance with Chapter 2. For purposes of the year 1987,
				  beginning with the effective date hereof, the assessment shall be set at $.0075
				  per pint or equivalent of blueberries marketed in consumer packs by blueberry
				  handlers. Payments of the amount of assessment due shall be made by each
				  blueberry handler not later than October 1 of each calendar year, with payment
				  based upon blueberries marketed during that marketing year.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 26 - FRESH-PACK BLUEBERRY MARKET ORDER › Section 001-26-3 - Blueberry Packing, Grading and Labeling Standards

Current through 2024-29, July 17, 2024
A. All blueberry handlers shall comply with
				the packing, grading and labeling standards set forth herein for all consumer
				packs of blueberries packed or otherwise handled by them.
B. Consumer packs of blueberries may not be
				held, stored, shipped or sold by blueberry handlers except with a label or
				labels prominently bearing the designation "Wild Maine Blueberries" and
				including the legible name and address of the handler or dealer and a
				conspicuous statement of the Maine Grade A, as provided below, of the
				blueberries therein.
C. All packed
				blueberries shall meet or exceed the standards established in this Market Order
				for Maine Grade A.
D. For purposes
				of the standards set forth herein, the following terms shall have the following
				meanings:
1. Clean means that the individual
				berries are free from dirt, grass or other foreign materials.
2. Well-colored means that not more than
				one-fourth of the surface of the individual berries is green.
3. Overripe means that individual berries are
				overmature and soft.
4. Wet means
				that individual berries are wet from blueberry juice or water moisture of any
				kind except natural condensation forming within the blueberry
				package.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 26 - FRESH-PACK BLUEBERRY MARKET ORDER › Section 001-26-4 - Mandatory Inspection

Current through 2024-29, July 17, 2024
A. Blueberry
				handlers shall not ship, sell or offer for sale blueberries in consumer packs,
				except following official inspection by a representative of the Department and
				the issuance by that representative of a federal/state inspection certificate
				or affixing a seal to the lot of blueberries so inspected. Blueberries which
				fail to meet grade requirements, as determined by the inspector, shall not be
				shipped, sold or offered for sale in consumer peeks on the fresh market until
				reworked by the handler and reinspected by the inspector.
B. In order to arrange for inspections,
				blueberry handlers shall give adequate notice to the Division of Quality
				Assurance at the Department or otherwise to the Department's authorized
				inspector. Inspection dates and times shall be scheduled by arrangement with
				the inspector involved.
C. All
				inspections shall be charged at a fee to the blueberry handler requesting the
				same. The fee shall be established by the Commissioner to cover the personnel,
				travel and administrative costs of running the inspection program. for
				blueberries. These fees may be established as an hourly rate or on a
				per-inspection or per-inspected-unit basis, with a premium rate to be charged
				for inspection time requested at other than ordinary business hours. The
				Commissioner shall solicit recommendations from the Blueberry Marketing
				Committee in establishing inspection fees and shall send advance written
				notification of such fee rates to blueberry handlers who participate in the
				referendum or otherwise request the same. Inspection fees billed by the
				Department shall be paid promptly, not more than 30 days following the date of
				billing. inspections will be suspended for any handler who does not make timely
				payment of fees billed.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 30 - QUARANTINE (POTATO) › Section 001-30-II - CONTROLLED PESTS

Current through 2024-29, July 17, 2024
A. Columbia Root
				Knot Nematode (
Meloidogyne chitwoodi
).
1. The following areas are controlled under
				these rules as either quarantine or regulated areas.
a. Quarantine areas. Quarantine areas shall
				consist of the states of Oregon, Washington and Idaho; the county of Humboldt
				of the State of Nevada; the counties of Siskiyou and Modoc of the State of
				California; the county of Rio Grande of the State of Colorado; the county of
				Iron of the State of Utah; the county of Westmoreland in Virginia.
b. Regulated areas. Regulated areas shall
				consist of all areas within the states of California and Nevada lying outside
				of and distinct from the quarantine areas of these states defined in paragraph
				I.A.1.a.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 30 - QUARANTINE (POTATO) › Section 001-30-III - IMPORT REQUIREMENTS

Current through 2024-29, July 17, 2024
A. Columbia Root
				Knot Nematode. Potato tubers from quarantine or regulated areas unless exempted
				under section V, shall not enter Maine except in compliance with the following:
1. Seed and Processing potatoes from a
				quarantine area. Seed potatoes or potatoes intended for processing produced in
				areas designated as quarantine areas shall not be allowed to be transported
				into the State of Maine.
2. Seed
				and Processing potatoes from a regulated area. Seed potatoes or potatoes
				intended for processing produced in areas designated as regulated areas may be
				admissible if such produce is certified as not exceeding a 0% tolerance for the
				presence of controlled pests and such produce is certified as having been
				produced in an area declared free of the controlled pests. Such certification
				shall be by virtue of negative results of official surveys of representative
				samples of appropriate plant parts of host plants and/or appropriate soil
				samples within the county in which the seed potatoes were produced.
3. Tablestock. Potatoes intended for purposes
				of consumption shall be allowed entrance into the State of Maine only if:
a. The potatoes have been washed.
b. There is no evidence of surface or
				internal defects caused by the controlled pests;
c. The potatoes have been treated with a
				sprout inhibitor when shipped during the period between February 1st and May
				30th of each year; and
d. The
				potatoes have been packed in consumer bags.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 30 - QUARANTINE (POTATO) › Section 001-30-V - IMPORT AUDIT

Current through 2024-29, July 17, 2024
Any of the plant materials described under Section
				  I may be subject to a detailed import
				  audit examination at time of arrival in the State of Maine. Samples may be
				  drawn at random from selected consignments of regulated articles.
Consignments found to be infested with the controlled pests
				  will be placed in detention pending appropriate quarantine action. No further
				  consignment of such infested material will be permitted entry from the origins
				  of such material.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 31 - RULES FOR OPERATION OF POTATO MARKETING IMPROVEMENT FUND › Section 001-31-A - Objectives

Current through 2024-29, July 17, 2024
The Potato Marketing Improvement Fund (PMIF) is a revolving
				  loan fund dedicated to financing creative projects that will advance potato
				  industry marketing. It will operate in accordance with the following principal
				  objectives:
1. Sound business
				propositions should be financed;
2.
				Funds should be provided at attractive rates and terms;
3. Active private sector participation should
				be encouraged; and
4. To the extent
				possible, procedures should be kept simple and easy to understand.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 31 - RULES FOR OPERATION OF POTATO MARKETING IMPROVEMENT FUND › Section 001-31-C - Loan Application Contents

Current through 2024-29, July 17, 2024
1.
Required
				Contents
. In addition to the technical information referenced above,
				applications shall contain the following:
(a)
				Identification of the proposed amount of the loan, repayment term, and
				description of the collateral;
(b)
				If applicable, copies of letters of commitment to the borrower from other
				sources of financing;
(c)
				Information detailing exact uses of loan proceeds from all sources;
(d) Historical business financial statements
				for the previous three years, both personal and corporate, if applicable,
				including balance sheets and profit and loss statements. Income tax returns may
				be substituted for profit and loss statements. The balance sheet must list
				current balances, rates, payments, maturities and security of all business
				debts;
(e) Pro forma profit and
				loss statement for the first year after project loan closing;
(f) Production history for the previous three
				years and marketing plan for the year in which application is made;
(g) Preliminary plans and specifications,
				including proposed floor plan, and estimates of project costs from contractors
				and suppliers.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 31 - RULES FOR OPERATION OF POTATO MARKETING IMPROVEMENT FUND › Section 001-31-D - Application Procedures

Current through 2024-29, July 17, 2024
The Commissioner shall determine when an application is
				  complete and shall consider the application as expeditiously as possible after
				  receipt of a complete application.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 31 - RULES FOR OPERATION OF POTATO MARKETING IMPROVEMENT FUND › Section 001-31-E - Criteria and Considerations

Current through 2024-29, July 17, 2024
1. No application
				will be approved unless the Commissioner determines that the application is
				complete and that information sufficient to make an informed decision on the
				application has been received.
2.
				An application will not be approved unless the Commissioner determines that
				there is a reasonable prospect that the borrower will repay the loan according
				to its terms.
3. In reviewing
				applications, the Commissioner will consider the following:
(a) The economic feasibility of the business
				as evidenced by the borrower's present and past financial position and the
				reasonableness of the proposal and financial projections for the
				future;
(b) Whether the borrower
				and guarantors have satisfactory credit histories and adequate and relevant
				management experience;
(c) Whether
				the borrower has sufficient capital and other resources to conduct business as
				planned;
(d) The adequacy of the
				security offered for the loan;
(e)
				The extent to which the risk of financial loss is shared by others.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 31 - RULES FOR OPERATION OF POTATO MARKETING IMPROVEMENT FUND › Section 001-31-F - Commitment or Rejection

Current through 2024-29, July 17, 2024
1. Upon approval of
				an application, the Commissioner will execute a letter of commitment setting
				forth the terms and conditions upon which the loan will be made.
2. No commitment shall become effective until
				the applicant has accepted the terms and conditions of the commitment
				letter.
3. In the event the
				application is rejected, the Commissioner will notify the applicant promptly of
				the reasons for the rejection.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 31 - RULES FOR OPERATION OF POTATO MARKETING IMPROVEMENT FUND › Section 001-31-G - Collateral

Current through 2024-29, July 17, 2024
Repayment of a loan shall be secured by the
				  following:
1. A mortgage or security
				interest in real estate, building and/or personal property of the business,
				subject only to such other encumbrances, including priority, junior or
				coordinate liens, as the Commissioner may approve;
2. Such other collateral as the Commissioner
				may require, including without limitation, assignments or pledges of leases,
				contracts, stock certificates and other instruments, personal or corporate
				guarantees, insurance, letters of credit and surety bonds;
3. Loans may, at the discretion of the
				Commissioner, be secured by collateral valued at less than the amount of the
				loan, provided that the borrower, its principals and any guarantors, are of
				good character and have good credit histories;
4. Real estate or stationary machinery or
				equipment constituting a significant portion of collateral for repayment of a
				loan shall be located within the State. Mobile machinery or equipment,
				constituting a significant portion of collateral for repayment of a loan, shall
				be registered with and taxed by the State or municipal authorities. Other types
				of collateral constituting a significant portion of collateral for repayment of
				a loan shall be owned by or provided for the benefit of a person or business
				association with a place of business in the State.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 31 - RULES FOR OPERATION OF POTATO MARKETING IMPROVEMENT FUND › Section 001-31-H - Project Completion

Current through 2024-29, July 17, 2024
The project shall be considered complete and final total
				  costs verified upon receipt by the Commissioner of all invoices from and
				  waivers of mechanics' and materialmen's liens by contractors and suppliers. The
				  Commissioner shall ensure that the project was completed in accordance with the
				  plans and specifications as proposed in the application.
Neither the approval of loan after review of plans and
				  specification for a project by the PMIF Project Review Committee, nor the
				  Commissioner's ensuring that the project was completed in accordance with the
				  plans and specifications is intended to be, nor shall it be interpreted as a
				  representation, endorsement or warranty of the quality, workmanship,
				  functionality or fitness for any purpose of such plans or specifications or of
				  the construction undertaken in accordance with such plans or specifications,
				  all of which are expressly disclaimed by the Department.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 31 - RULES FOR OPERATION OF POTATO MARKETING IMPROVEMENT FUND › Section 001-31-I - Loan Covenants

Current through 2024-29, July 17, 2024
The covenants and requirements of the loan shall be
				  established by the Commissioner in accordance with prudent lending practices.
				  At minimum, the documents should ordinarily require the borrower to:
1. Make periodic payments of principal and
				interest;
2. Make any lease
				payments;
3. Maintain adequate
				insurance on collateral, and maintain books and records on the
				business;
4. Maintain and repair
				the collateral;
5. Pay any taxes or
				governmental charges assessed against the collateral and comply with all
				applicable governmental laws and regulations;
6. Keep the collateral free of liens and
				encumbrances except as may be expressly accepted by the Commissioner;
7. Provide periodic financial
				reports;
8. Repay advances
				necessary to protect the collateral and all expenses of protecting or enforcing
				the rights of the Department.
The Commissioner may require such additional covenants and
				  requirements as may be necessary, prudent or desirable, including, but not
				  limited to, crop insurance.
The borrower will be required to sign a loan agreement
				  containing such covenants and adhere to the terms thereof.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 31 - RULES FOR OPERATION OF POTATO MARKETING IMPROVEMENT FUND › Section 001-31-J - Loan Documentation

Current through 2024-29, July 17, 2024
The borrower will be required to sign such documentation as
				  the Commissioner deems necessary to ensure that the borrower and any guarantors
				  have binding, enforceable obligations to repay the loan and that the Department
				  has such valid and enforceable mortgages, security interests and assignments as
				  necessary to protect the interest of the Department.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 31 - RULES FOR OPERATION OF POTATO MARKETING IMPROVEMENT FUND › Section 001-31-K - Default

Current through 2024-29, July 17, 2024
The Loan documentation will outline events and/or conditions
				  which create a default situation. Upon default, the Department shall request
				  that the Attorney General of the State of Maine or such attorneys approved by
				  the Attorney General of the State of Maine take such action as may be prudent,
				  including repossessing and liquidating or foreclosing on
				  collateral.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 31 - RULES FOR OPERATION OF POTATO MARKETING IMPROVEMENT FUND › Section 001-31-L - Administration

Current through 2024-29, July 17, 2024
1.
Commissioner of the Department of
				Agriculture, Conservation and Forestry
The Commissioner shall:
(a) Make final decisions on participation by
				the Potato Marketing Improvement Fund in loans and grants;
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 32 - RULES FOR OPERATION OF AGRICULTURAL MARKETING LOAN FUND › Section 001-32-I - Objectives

Current through 2024-29, July 17, 2024
The Agricultural Marketing Loan Fund (AMLF) is a revolving
				  loan fund dedicated to financing projects that will advance agricultural
				  enterprises. It will operate in accordance with the following principal
				  objectives:
A. sound business
				propositions should be financed;
B.
				funds should be provided at reasonable rates and terms;
C. active private sector participation should
				be encouraged;
D. funds should be
				spread amongst eligible industries; and
E. to the extent possible, procedures should
				be kept simple and easy to understand.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 32 - RULES FOR OPERATION OF AGRICULTURAL MARKETING LOAN FUND › Section 001-32-III - Loan Program

Current through 2024-29, July 17, 2024
A.
Description and Purpose
The Loan Program is designed to help finance eligible
				  projects, to be undertaken by applicants engaged in an agricultural
				  enterprise.
B.
Eligible Uses of Loan Proceeds
1.
				Proceeds may be used for the design, construction or improvement of commodity
				and storage buildings and packing and marketing facilities; or for the
				purchase, construction, or renovation if buildings, equipment, docks, wharves,
				piers, or vessels, located in the State of Maine and used in connection with an
				agricultural enterprise; or for the purchase of land (a) in connection with
				development of new cranberry acreage; (b) for irrigation reservoirs or to
				provide direct access to water for irrigation; (c) necessary for the start-up
				of a new agricultural enterprise; or, (d) for the expansion of an existing
				agricultural enterprise when the land acquisition is necessary to comply with
				land use regulations); or for improvements to pastureland including seeding and
				actions to promote rotational grazing.
2. Proceeds of loans may be used to pay or
				reimburse the cost of developing a business plan when related to an AMLF Loan
				Application, and the following conditions as well as the conditions of Section
				III(E)(9) are met:
a. The project is eligible
				for a loan under the provisions of 7 MRSA, section434,
et seq
.
				and 10 MRSA, section1023-J;
b. The
				application does not include a business plan for the project or the business
				plan is deemed inadequate by the commissioner; and,
c. The commissioner determines that the
				project as described in the application has merit.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 32 - RULES FOR OPERATION OF AGRICULTURAL MARKETING LOAN FUND › Section 001-32-IV - Grants

Current through 2024-29, July 17, 2024
A.
Purposes and Limitations
The Commissioner may transfer monies comprised of the
				  interest earned on the cash balance of the fund and the interest portion of
				  loan payments, to the Agricultural Development Fund under 7 M.R.S.A. Chapter 10
				  to be used by the Agricultural Development Fund for the purpose of funding
				  grants for eligible purposes, or may use such monies to make direct grants to
				  individuals, firms, corporations, or other organizations for the purpose of
				  allowing the applicant to obtain technical assistance in connection with the
				  applicant's adoption of, or contemplation of adoption of (including education
				  relating to) new and innovative technology to support agricultural production
				  and marketing.
B.
Procedure for Making Transfers to the Agricultural Development Fund and
				Direct Technical Assistance Grants
1.
				The Commissioner may make transfer funds under this Section IV to the
				Agricultural Development Fund at such times, in such amounts, and for such
				purposes (but subject to the limitations expressed in Subsections IV(A) and (C)
				), as he or she may determine to be appropriate, in his or her discretion. The
				award of grants under the Agricultural Development Fund will be governed by the
				statute and rules applicable
				thereto.
2. In order to obtain a
				technical assistance grant directly from the Department under the Program, an
				application must be filed with the Department pursuant to Sections IV(D) and
				(F) with the information required therein, and in addition, such additional
				information as may be required for demonstrating the requirements of Section IV
				A(2) have been met. The Commissioner may prioritize grant applications and
				shall approve or deny grant applications, in his or her discretion, and may do
				so at any time.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 32 - RULES FOR OPERATION OF AGRICULTURAL MARKETING LOAN FUND › Section 001-32-V - Administration

Current through 2024-29, July 17, 2024
A. Commissioner of the Department of
				Agriculture, Food and Rural Resources. The Commissioner shall:
1. provide overall supervision and policy
				oversight to the program;
2. make
				final decisions on participation by the AMLF in loans and grants;
3. assign employees of the Department of
				Agriculture, Food and Rural Resources and/or contract for services to advise
				and assist potential applicants in applying for funds and to work with other
				lenders in packaging loan proposals;
4. assign employees of the Department of
				Agriculture, Food and Rural Resources and/or contract for services to perform
				application review/loan analysis and recommend loan approval or
				rejection;
5. enter into agreements
				with the Finance Authority of Maine or other qualified individuals or
				organizations for the purposes of financial record keeping, to facilitate
				collection of funds owed to the AMLF, and to develop appropriate loan
				forms.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 33 - RULES GOVERNING THE AGRICULTURAL DEVELOPMENT GRANT FUND › Section 001-33-II - LEGISLATIVE MANDATE

Current through 2024-29, July 17, 2024
The 119th Legislature authorized an Agricultural Development
				  Fund (7 M.R.S.A., Chapter 10 §306A - 309). The Legislature identified the
				  agricultural industry need for accelerating new market development, adoption of
				  improved technology and promotion of agricultural products produced in Maine.
				  These rules establish the procedures for administering the Agricultural
				  Development Fund and Grant Program, including: application procedures, criteria
				  for granting awards within the guidelines specified in the legislation, an
				  outline of the responsibilities of the applicants, the role of the committees
				  overseeing program management, and other administrative procedures not
				  specified in the legislation.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 33 - RULES GOVERNING THE AGRICULTURAL DEVELOPMENT GRANT FUND › Section 001-33-III - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Market Research
- means
				activities to test and determine the likelihood of success in selling new or
				existing agricultural products produced in Maine in one or more
				markets.
B.
Market
				Promotion
- means activities to further the awareness, popularity, and
				sustain or increase sales of existing State agricultural products using such
				methods as, but not limited to, print, broadcast and social media, and trade
				shows.
C.
Agricultural
				Product
- means a Maine-grown fresh, or Maine-processed, agricultural
				food, fiber, or horticultural product derived from plants, animals, plant or
				animal by products, freshwater farmed fish, or aquaculture, as defined in Title
				12, section 6001, subsection 1, with the intent that the product be sold or
				otherwise marketed to generate income. "Agricultural Product" does not include
				the product of a business engaged primarily in the growing, harvesting or
				processing of trees for the purpose of producing pulp or other materials used
				in paper manufacturing or wood manufacturing.
D.
New Technology
- means
				agricultural production, processing, and storage practices that are not
				currently used by Maine agricultural enterprises.
E.
Nonpublic Sources
- means any
				source of funds other than moneys provided directly or indirectly by federal,
				state, or local government. Nonpublic sources includes commodity group
				dedicated revenues generated by commodity check-off programs, even if collected
				by the Department of Administrative and Financial Services, Maine Revenue
				Services.
F.
Department
- means the Department of Agriculture, Conservation and
				Forestry.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 33 - RULES GOVERNING THE AGRICULTURAL DEVELOPMENT GRANT FUND › Section 001-33-IV - PROGRAM FUNDING

Current through 2024-29, July 17, 2024
A. The Agricultural
				Development Grant Fund is funded by appropriations from State general funds,
				from the interest from the Agricultural Marketing Loan Fund established in 10
				M.R.S.A., Section 1023-J subject to limitations under 7 M.R.S.A. Section 436,
				and from any other contributions to the Fund.
B. Contributions to the Agricultural
				Development Fund may be earmarked for projects affecting specific commodities.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 33 - RULES GOVERNING THE AGRICULTURAL DEVELOPMENT GRANT FUND › Section 001-33-V - AGRICUL TURAL DEVELOPMENT COMPETITIVE GRANT PROJECTS

Current through 2024-29, July 17, 2024
A.
ELIGIBILITY REQUIREMENTS
1.
New Projects
Individuals, firms or organizations are eligible to apply for
				  an Agricultural Development Grant.
2.
Continuing Projects
Grantees of ongoing projects from previously approved grants
				  may reapply in a separate application for additional funding during future
				  requests for grant proposals but must justify the extended commitment sought.
				  Funding will be contingent upon satisfactory progress and accountability of all
				  funds awarded at the time of re-application, continued congruence with program
				  needs, and continued availability of moneys.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 33 - RULES GOVERNING THE AGRICULTURAL DEVELOPMENT GRANT FUND › Section 001-33-VI - SPECIAL PROJECTS

Current through 2024-29, July 17, 2024
A.
PROJECT
				OBJECTIVES
The objectives of special projects are to implement
				  short-term applied research to effectively resolve unexpected technical
				  problems and/or to test new marketing or production technologies that may
				  immediately affect the production, storage, processing and/or distribution of
				  State agricultural products. Special projects may be submitted by qualified
				  individuals, firms or organizations for market research, for testing new
				  technologies and for research on technical problems related to the production,
				  marketing, storage and processing of agricultural commodities.
B.
PROJECT
				FUNDING
·
1. Commodity groups,
				associations or individuals may specify that funds contributed for special
				projects may be used to initiate projects affecting specific
				commodities.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 34 - RULES FOR OPERATION OF DAIRY IMPROVEMENT FUND › Section 001-34-I - Objectives

Current through 2024-29, July 17, 2024
The Dairy Improvement Fund (DIF) is a revolving loan program
				  intended to assist dairy farmers in making capital improvements to maintain and
				  enhance the viability of their farms and to pay the administrative costs of
				  handling loan applications and servicing and administering the fund and loans
				  made from the fund.
A. DIF will
				operate in accordance with the following principal objectives:
1. Provide financial support for sound
				business propositions;
2. Offer
				funds at reasonable rates and terms;
3. Encourage private sector
				participation;
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 34 - RULES FOR OPERATION OF DAIRY IMPROVEMENT FUND › Section 001-34-II - Definitions

Current through 2024-29, July 17, 2024
A.
Dairy enterprise
:The term
				"dairy enterprise" shall mean a person, persons or business, located in Maine,
				and engaged in the commercial production of cow milk or cow milk
				products.
B.
Borrower
:
				The term "borrower" shall mean the applicant and any related or affiliated
				individual or entity which shares assets, such as land, machinery and equipment
				or other property, with the applicant in connection with the applicant's dairy
				enterprise.
C.
New and
				Innovative
: The term "new and innovative," shall mean a method, process,
				machine or structure not previously developed, or if previously developed, not
				commonly utilized for the support of dairy agricultural production in
				Maine.
D.
Private
				Funds
: The term "private funds" shall mean equity in the form of cash
				and/or property of the applicant, including cash from loans subordinated to the
				DIF loan secured by assets not related to the project, or the value of services
				to be contributed to the project by the applicant, as determined and to be
				approved in advance by the Department.
E.
Processing
: The term
				"processing" shall mean changing the form of adairy product through the
				application of labor or materials or both.
F.
Project
: The term "project"
				shall mean the use to which the loan proceeds are to be put, as approved by the
				Commissioner.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 34 - RULES FOR OPERATION OF DAIRY IMPROVEMENT FUND › Section 001-34-III - Loan Program

Current through 2024-29, July 17, 2024
A.
Description and Purpose
The Loan Program is designed to help finance eligible
				  projects, to be undertaken by applicants engaged in a dairy enterprise.
B.
Eligible Uses of Loan
				Proceeds
1. Funds may be used for the
				design, construction or improvement of milking parlors, cow barns and
				structures, silos, grain bins, feed sheds, or for the construction or
				renovation of buildings, or equipment, located in the State of Maine and used
				in connection with adairy enterprise.
This includes, but is not limited to:
a. the purchase of new dairy production or
				processing equipment, or
b. the
				expansion of an existing dairy enterprise; purchase and remodeling of existing
				buildings; building construction, additions or renovations; leasehold
				improvements; purchase and installation of machinery and equipment (both
				traditional, and new and innovative).
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 34 - RULES FOR OPERATION OF DAIRY IMPROVEMENT FUND › Section 001-34-IV - Administration

Current through 2024-29, July 17, 2024
A. Commissioner of the Department of
				Agriculture, Conservation and Forestry. The Commissioner shall:
1. provide overall supervision and policy
				oversight to the program;
2. make
				final decisions on participation by the DIF in loans;
3. assign employees of the Department of
				Agriculture, Conservation and Forestry and/or contract for services to advise
				and assist potential applicants in applying for funds and to work with other
				lenders in packaging loan proposals;
4. assign employees of the Department of
				Agriculture, Conservation and Forestry and/or contract for services to perform
				application review/loan analysis and recommend loan approval or
				rejection;
5. enter into agreements
				with the Finance Authority of Maine or other qualified individuals or
				organizations for services to include, but not limited to, financial record
				keeping, to facilitate collection of funds owed to the DIF, and to develop
				appropriate loan forms, to process loan applications, to underwrite loans, to
				close and service loans.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 36 - RULES GOVERNING THE MAINE FARMS FOR THE FUTURE PROGRAM › Section 001-36-2 - PROGRAM FUNDING

Current through 2024-29, July 17, 2024
1. The Maine Farms
				for the Future Program is funded by appropriations from State general funds as
				provided by Maine Public Laws, 1999, Chapter 763, and any subsequent
				appropriations, and, whenever possible, any additional funding that may be
				available through an organization selected to administer the program.
2. At least 40% of the total annual state
				funding for this Program must be reserved to be used for grants awarded under
				Chapter 10-B Section 319(1) through (5) for investment support.
3. Funds appropriated to the Program may not
				lapse but must be carried forward.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 36 - RULES GOVERNING THE MAINE FARMS FOR THE FUTURE PROGRAM › Section 001-36-3 - ADMINISTRATION

Current through 2024-29, July 17, 2024
1.
Selection of an Administrating
				Organization
The Department may contract the administration of this
				  Program to a Suitable Organization selected through a competitive process
				  determined by the Department.
2.
Eligibility Requirements of the
				Organization Contracted to Administer the Program
A. Any organization is eligible to apply for
				contractor status to administer the Program.
B. The organization must be able to perform
				all the duties outlined in Section 3.3 below.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 36 - RULES GOVERNING THE MAINE FARMS FOR THE FUTURE PROGRAM › Section 001-36-4 - REVIEW PANEL

Current through 2024-29, July 17, 2024
1.
Selection
				of Review Panel
The Review Panel will be appointed by the Commissioner of
				  Agriculture on staggered terms of three years, and will be comprised of 5
				  members, each with knowledge of Maine agriculture and its needs, and each with
				  expertise to contribute, such as agricultural financing, management,
				  production, marketing, or policy.
2.
RESPONSIBILITIES
The role of the Review Panel is to evaluate and approve
				  applications for selected farms to participate in the business plan development
				  and investment support programs utilizing criteria developed by rule, by the
				  Department. The Panel may work with the Commissioner and the Program
				  Administrator to periodically review program criteria.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 36 - RULES GOVERNING THE MAINE FARMS FOR THE FUTURE PROGRAM › Section 001-36-5 - SERVICE PROVIDERS

Current through 2024-29, July 17, 2024
1.
Selection
				of Service Providers
A. The Program
				Administrator shall develop, maintain and periodically update a list of Service
				Providers by widely circulating an application to qualifying entities and
				providing the list to the Department. The application must request information
				including qualifications of the entity in any professional, technical or
				subject area that may be of use in developing a farm Business Plan.
B. A selected farm grantee may work with any
				Service Provider on the list. If an individual who is not on the list is
				desired, the individual must apply to be approved as a Service Provider by the
				Department or the Program Administrator.