Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 122 - FEE SCHEDULE FOR INSPECTION OF AGRICULTURAL COMMODITIES › Section 001-122-I - DEFINITIONS

Current through 2024-29, July 17, 2024
For the purposes of this chapter, and unless otherwise
				  indicated, the following words shall have the following meanings:
A.
"Certificate Charge"
means a
				charge imposed when more than one (1) official document is required for each
				inspection performed.
B.
"Consumer Pack"
means a unit of potatoes contained in a bag, crate
				or any other type of container.
C.
"Delinquent Accounts"
means nonpayment of fees and charges by the
				due date specified on the invoice.
D.
"Department"
means the Maine
				Department of Agriculture, Food and Rural Resources, Division of Quality
				Assurance & Regulations.
E.
"Expense Guarantee"
means that regular charges are not adequate to
				cover expenses. In such cases, charges shall be based on time consumed computed
				at the applicable hourly rate plus mileage and related expenses.
F.
"Good Agricultural Practices,
				hereinafter GAP"
means the basic environmental conditions that are
				necessary for the production of safe, wholesome fruits and
				vegetables.
G.
"Good Handling
				Practices, hereinafter GHP"
means general practices to reduce microbial
				food safety hazards. The term may include " good agricultural practices" used
				in growing, harvesting, sorting, packing and storage operations.
H.
"Holidays"
means New Year's
				Day, Martin Luther King, Jr. Day, Washington's Birthday, Patriot's Day,
				Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day,
				Thanksgiving Day, the Friday following Thanksgiving, Christmas Day or the
				observed day for the aforementioned holidays, and any other recognized state
				holiday.
I.
"Maine
Bag"
means any consumer pack of potatoes on
				which appears the word "Maine" in letters larger than 1/14 inch or a pictorial
				representation of the outline of the shape of the state.
J.
"Net Weight Certification"
means the official weighing of random samples of a specified commodity and the
				subsequent certification of net weight by the Department.
K.
"Person"
means both natural
				persons and all legal entities, including corporations, partnerships, joint
				ventures, states, municipalities, and unincorporated business
				enterprises.
L.
"Positive Lot
				Identification"
means the affixing of a traceable code, consisting of
				numbers and/or letters, to primary or shipping containers by printing,
				stamping, taping or applying official stickers.
M.
"Principal Display Panel"
means that part, or those parts, of a product label designed to be displayed
				and examined under normal conditions of display at retail markets.
N.
"Service Call"
means that the
				Department has incurred cost as a result of an official request for service and
				subsequent cancellation without notice.
O.
"Shipping Point Inspection"
means a type of service provided to any person(s) who request(s) inspection on
				a daily or sporadic basis. Service will be provided to such person(s) in the
				most effective and efficient manner, subject to the availability of
				inspectors.
P.
"Shipping
				Point Overtime"
means time worked Monday thru Friday prior to 7:00A.M.,
				after 5:00 P.M., or anytime worked on Saturday, Sunday and all State legal
				holidays. A minimum overtime charge of one hour will be assessed; thereafter,
				charges will be in half hour increments.
Q.
"Quality Trademark Bag"
means
				any consumer pack for potatoes on which appears either a silhouette of the
				State of Maine divided into three horizontal sections or three parallel stripes
				consisting of a blue stripe at the top, white in the center and red at the
				bottom. The use of these trademarks is subject to the provisions set forth by
				Department of Agriculture Rules (01-001, Chapter 135).
R.
"Variety Labeling"
means the
				principal display panel of the primary container has been printed or stamped in
				bold print with words indicating the variety of potatoes contained therein. The
				lettering shall be at least 1/2 inch in height. The variety shall be
				immediately preceded by the word "variety:" or "var:"