reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 5 - DEALER COST ACCOUNTING AND REPORTING SYSTEM › Section 015-5-4 - Financial Completion and Verification

Current through 2024-29, July 17, 2024
A. Each
				dealer subject to this chapter shall complete the DCARS schedules and data
				forms for each reporting period. Each dealer shall complete these materials
				according to the instructions contained in the explanatory manual. The
				Commission shall verify the information contained on the completed materials
				for each reporting period as it deems necessary. (See Appendix A page 3-4 for
				audit procedures.)
B. Within 120
				days of the close of its fiscal year each dealer shall furnish to the
				Commission a year-end financial compilation of its dairy operation. The dairy's
				year-end compilation shall contain Schedules A,B, & C that may be
				reconciled directly to the financial statement of the dairy operation. The
				dairy's financial statements must be compiled, reviewed, or audited by an
				independent certified public accountant.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 5 - DEALER COST ACCOUNTING AND REPORTING SYSTEM › Section 015-5-5 - Submission

Current through 2024-29, July 17, 2024
All dealers subject to this chapter shall mail their
				  completed interim reporting period questionnaires and forms to the Commission's
				  Augusta office within sixty days after the close of each 13 week accounting
				  period or after the close of each calendar quarter
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 5 - DEALER COST ACCOUNTING AND REPORTING SYSTEM › Section 015-5-6 - Supplemental Instructions for Completion of the DCARS Schedules and Data Forms

Current through 2024-29, July 17, 2024
A. See DCARS
				Summary Appendix A
B. See DCARS
				Explanatory Manual Appendix B
C.
				See DCARS Individual Schedules Data Forms Appendix C
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 6 - INSPECTION OF RECORDS, BOOKS AND ACCOUNTS › Section 015-6-1 - Definitions

Current through 2024-29, July 17, 2024
Unless the context otherwise indicates, the definitions
				  contained in
				   7 M.R.S.A.
				  §2951 shall apply to this
				  chapter
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 6 - INSPECTION OF RECORDS, BOOKS AND ACCOUNTS › Section 015-6-2 - Inspection of records, books and accounts

Current through 2024-29, July 17, 2024
A. Upon
				written request of the Chairman or an employee of the Commission, any dealer,
				producer or store shall make its records, books and accounts available for
				inspection at the office or place of business where they are regularly kept,
				and at the date and time specified in the request.
B. To the extent practicable, the written
				request shall designate the purpose of the investigation and if known by the
				Commission, the specific records, books and accounts to be examined.
C. Inspections may be conducted by a
				Commission employee or by an accountant, auditor or other person engaged by the
				Commission on a contract basis. A dealer, producer or store shall provide the
				person conducting an inspection with all necessary assistance in locating,
				compiling, interpreting and working with the records, books and accounts under
				examination.
D. No dealer, producer
				or store shall remove, sequester or destroy any materials necessary to the
				inspection, or otherwise hinder or obstruct it. No dealer, producer or store
				shall remove, sequester or destroy any materials designated for retention
				during or after the inspection by the person conducting the inspection or by
				the Chairman or any employee of the Commission.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 6 - INSPECTION OF RECORDS, BOOKS AND ACCOUNTS › Section 015-6-3 - Other Means of Investigation

Current through 2024-29, July 17, 2024
It is the intent of the Commission that this chapter shall
				  not limit the authority to investigate the business of producers, dealers,
				  stores and other persons conferred on the Commission by all provisions of the
				  Milk commission Law,
				   7 M.R.S.A.
				  §2951 et other than that specifically
				  identified below as constituting the statutory authority for this
				  chapter
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 7 - ADVISORY RULINGS › Section 015-7-1 - Authority and Scope

Current through 2024-29, July 17, 2024
The Maine Milk Commission may issue advisory rulings pursuant
				  to
				  5 M.R.S.A.,
				  §9001 concerning the applicability of
				  any statute or rule it administers to an existing factual situation. Advisory
				  rulings will be issued at the Commission's discretion and only upon request.
				  Each request will be individually reviewed to determine whether an advisory
				  ruling is appropriate. The Commission way decline to issue an advisory ruling
				  if the question is hypothetical, if there is insufficient experience upon which
				  to base a ruling, or for any other reason the Commission deems
				  proper.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 7 - ADVISORY RULINGS › Section 015-7-2 - Submission

Current through 2024-29, July 17, 2024
Requests for advisory rulings shall be in writing and shall
				  set forth in detail all facts pertinent to the question. The Commission may
				  require additional information as necessary to complete the factual background
				  for its ruling.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 7 - ADVISORY RULINGS › Section 015-7-3 - Form of Rulings

Current through 2024-29, July 17, 2024
All advisory rulings shall be in writing and shall be
				  numbered in an appropriate serial manner. They shall state all facts and
				  assumptions on which they are based in sufficient detail so as to allow
				  understanding without reference to other documents.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 7 - ADVISORY RULINGS › Section 015-7-4 - Issuance; Recommendation

Current through 2024-29, July 17, 2024
Each completed advisory ruling shall be mailed to the
				  requesting party and a copy shall be kept by the Commission in a file or binder
				  established for this purpose. Advisory opinions shall be issued within 60 days
				  of the Commission's acceptance of a request. All completed advisory rulings are
				  public documents and shall be available for public inspection during the
				  Commission's normal working hours. In addition, the Commission may otherwise
				  publish or circulate any advisory ruling as it deems appropriate.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 10 - ACCOUNTING REVIEW OF 1979 DEALER DATA › Section 015-10-1 - Applicability

Current through 2024-29, July 17, 2024
This rule applies to licensed Maine milk dealers processing
				  in excess of three million pounds of milk annually, to wit:
Brewer's Dairy, Augusta
Houlton Farms Dairy,
							 Houlton
Cote's Dairy, Lewiston
Locust Farm Dairy, N.
							 Limington
Fitzpatrick's Dairy, Benton
MPG Dairy,
							 Presque Isle
Footman's Dairy, Brewer
Oakhurst Dairy,
							 Portland
Gifford's Dairy, Skowhegan
Old Tavern Farm
							 Dairy, Yarmouth
Grant's Dairy, Bangor
Pleasant Hill Dairy,
							 Hermon
Hancock County Creamery, Ellsworth
NF &
							 JC Schoppee Dairy, Machias
Hemond's Dairy, Minot
Smiley's Dairy,
							 Winslow
H.P. Hood, Inc., Portland
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 10 - ACCOUNTING REVIEW OF 1979 DEALER DATA › Section 015-10-2 - Financial Review

Current through 2024-29, July 17, 2024
Each dealer listed in section I shall cause a financial
				  "review" to be conducted of the data furnished by that dealer to Dr. Homer B.
				  Metzger in response to the latter's "Cost of Milk Distribution Study Data
				  Request, 1980," dated June 12, 1980. The term "review" is the accounting
				  verification procedure of that name as described in the booklet "Compilation
				  and Review' published by the American Institute of Certified Public
				  Accountants. This review shall be performed in each instance according to
				  applicable professional guidelines by an independent certified public
				  accountant who is not an employee of the dealer who hires
				  him.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 10 - ACCOUNTING REVIEW OF 1979 DEALER DATA › Section 015-10-3 - Time for Compliance

Current through 2024-29, July 17, 2024
Each dealer listed in section I shall engage within one week
				  of the effective (late of this rule an independent certified public accountant
				  to perform the review described in section2. Each dealer shall submit the
				  accountant's report (or cause it to be submitted) to the Maine milk Commission
				  no later than October 6, 1981. Each dealer shall take all necessary steps to
				  expedite the accountant's performance of the review.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 11 - DEALER AND SUBDEALER DELIVERY ROUTE INFORMATION REPORTS › Section 015-11-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
Unless the context otherwise indicates and subject to Section
				  2 herein, the definitions contained in
				   7 M.R.S.A.,
				  §2951 shall apply to this
				  chapter
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 11 - DEALER AND SUBDEALER DELIVERY ROUTE INFORMATION REPORTS › Section 015-11-2 - APPLICABILITY

Current through 2024-29, July 17, 2024
The requirements of this chapter shall apply to any dealer
				  and any subdealer who operates a milk processing plant or who is located in the
				  State of Maine and who delivers 20,000 pounds or more per month of milk
				  products the price of which is regulated by the Maine Milk
				  Commission
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 11 - DEALER AND SUBDEALER DELIVERY ROUTE INFORMATION REPORTS › Section 015-11-3 - DELIVERY ROUTE INFORMATION REPORTING FORM

Current through 2024-29, July 17, 2024
For purpose of reporting by each dealer and subdealer of
				  information on each milk delivery route serviced by that dealer or subdealer,
				  the Commission hereby adopts the forms entitled "Maine Milk Commission Delivery
				  Route Information"
Note: The form consists of ten items of information for each
				  route. A one-page general instruction sheet accompanies the form, as does a
				  partially completed form.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 11 - DEALER AND SUBDEALER DELIVERY ROUTE INFORMATION REPORTS › Section 015-11-4 - REPORTING REQUIREMENT

Current through 2024-29, July 17, 2024
A. The Commission
				shall designate one week in each quarter as the week for which each dealer and
				subdealer shall complete the form adopted under 3 above. The Commission shall
				notify dealers and subdealers two weeks in advance of the designated
				week.
B. For each day of the
				designated week, each dealer and subdealer shall complete one form for each
				route serviced on that day.
C. Each
				form shall be completed in accordance with the accompanying
				instructions.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 11 - DEALER AND SUBDEALER DELIVERY ROUTE INFORMATION REPORTS › Section 015-11-5 - FREQUENCY

Current through 2024-29, July 17, 2024
Each dealer and subdealer shall submit the completed forms to
				  the Commission within 14 days following the last day of the designated
				  week
Note: Forms and instructions are available from the Maine
				  Milk Commission.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 13 - RETAIL COST STUDIES › Section 015-13-I - Definitions

Current through 2024-29, July 17, 2024
Unless the context otherwise indicates, the definitions
				  contained in
				   7 M.R.S.A.
				  §2951 shall apply to this
				  chapter.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 13 - RETAIL COST STUDIES › Section 015-13-II - Applicability

Current through 2024-29, July 17, 2024
The provisions of this chapter shall apply to retail cost
				  studies conducted by the Commission or by a consultant acting on its behalf for
				  the purpose of enabling the Commission to determine the minimum retail margin
				  for sales of milk.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 13 - RETAIL COST STUDIES › Section 015-13-III - Obligations of Stores

Current through 2024-29, July 17, 2024
Stores selected for inclusion in a retail cost study
				  shall:
A. Complete all questionnaires
				requesting information as to the purchases, sales, costs, finances and
				operations of the store;
B. Make
				available to the Commission, its employees and consultants any personnel
				activity logs and any time-and-motion studies conducted by or for the store
				relating to regulated milk;
C.
				Cooperate in the compilation of any personnel activity logs, or the performance
				of any time-and-motion studies that the Commission, its employees or
				consultants choose to conduct at the store (at the Commission's
				expense);
D. Conduct or compile any
				analysis or tabulation requested by the questionnaire or by the Commission, its
				employees and consultants relating to the number of controlled milk items sold
				compared to the number of all other items sold during a designated
				period;
E. Permit the Commission,
				its employees and consultants to conduct such physical measurements of dairy
				cases, cold storage areas and other store facilities as may be necessary for
				purposes of the study;
F. Make
				specific store employees (e.g., store manager, dairy department manager,
				accountant, controller) available to the Commission, its employees and
				consultants for the purpose of discussing store operations and reviewing the
				information requested on the questionnaire;
G. Cooperate with the Commission, its
				employees and consultants in discussing the sources, methods and judgmental
				basis for compiling the information reported on the questionnaire;
H. Permit the Commission, its employees and
				consultants to verify the accuracy of the information reported on the
				questionnaire, and provide such person(s) all necessary assistance in locating,
				compiling, interpreting and working with the books, records, accounts and other
				information necessary to verify the accuracy of the information reported on the
				questionnaire;
I. Provide such
				additional or follow-up information as may be requested by the Commission, its
				employees and consultants;
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 13 - RETAIL COST STUDIES › Section 015-13-IV - Confidentiality of Information

Current through 2024-29, July 17, 2024
Any information provided to the Commission, its employees,
				  its counsel or its consultants will be confidential to the extent that (1) the
				  procedure in
				   7 M.R.S.A.
				  section20 has been followed and so allows; or
				  (2) any other provision of law requires.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 13 - RETAIL COST STUDIES › Section 015-13-VI - Other Means of Investigation

Current through 2024-29, July 17, 2024
This chapter shall not be construed as limiting the
				  Commission's authority to obtain information from stores by subpoena, or
				  pursuant to Commission Rule 6, or pursuant to any other lawful method.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 14 - 30 DAYS NOTICE

Current through 2024-29, July 17, 2024
SUMMARY: Notice requirement adopted by the Maine Milk
				Commission for distributors to give before terminating milk deliveries to a
				customer.
DEFINITIONS:
As used in this rule the following words shall have the
				following meaning:
A. "DISTRIBUTOR"
			 means any milk processor or any independent supplier making delivery of milk to
			 wholesale and/or retail store accounts.
B. "CUSTOMER" means any person or business
			 buying milk products for resale or personal consumption on the premises.
1. Distributors must give 30 days written
			 notice by registered or certified letter before terminating delivery to any
			 customer in their delivery area or in the traditional delivery areas of a
			 distributor they have purchased. The 30 days notice requirement does not apply
			 to cancellations resulting from failure to pay bills.
2. The notice will identify the closest
			 delivery point where the distributor's product will be available for pickup by
			 the affected customer.
3. The
			 distributor will identify other distributors, if any, by name and address who
			 are servicing the area and from whom a replacement supply may be
			 available.
4. A copy of the notice
			 dated and signed by an official of the distributor will be sent to the Maine
			 Milk Commission identifying the customer by name and address, within the same
			 30 days requirement.
INJUNCTIONS AND CIVIL PENALTIES; 7 M.R.S.A. §2959
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 20 - PREVENTION OF DESTRUCTIVE COMPETITION › Section 015-20-II - APPLICABILITY AND EFFECT

Current through 2024-29, July 17, 2024
A. Effectiveness:
				Dealers. This chapter is in effect for dealers whenever a minimum wholesale
				price for one or more regulated products established under 7 M.R.S.A.,
				§2951
etseq
. is not in effect, and is then in effect only
				for the regulated product or products for which no minimum price is in effect.
				This chapter shall apply to wholesale sales by dealers, including sales to
				subdealers, and to wholesale sales by subdealers.
B. Effectiveness: Retail Stores. This chapter
				is in effect for retail stores whenever a minimum retail price for one or more
				regulated products established under 7 M.R.S.A., §2951
et
				seq
. is not in effect, and is then in effect only for the regulated
				product or products for which no minimum price is in effect.
C. Applicability: Dealers and Retail Stores..
				When it is in effect, this chapter applies to all dealers and all retail store
				and to any employee, representative, agent subsidiary or affiliate of any
				dealer or any retail store. The terms "dealer" and "retail store" include their
				respective employees, representatives, agents, subsidiaries and
				affiliates.
D. Applicability:
				Sales. When it is in effect, this chanter applies to all sales by a dealer of
				any regulated product or products as to which it is in effect and to all such
				sales by a retail store.
E.
				Applicability and Effectiveness; Integrated Operations. Where this Chapter or
				the Destructive Competition Law contains specific provisions dealing with
				integrated operations, an integrated operation shall be governed thereby.
				Otherwise, the provisions of this Chapter which apply to dealers shall apply to
				the dealer phase of the business of an integrated operation and those which
				apply to retail stores shall apply to the retail phase of the business as an
				integrated operation.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 20 - PREVENTION OF DESTRUCTIVE COMPETITION › Section 015-20-III - PROHIBITION; INTENT

Current through 2024-29, July 17, 2024
A. Prohibition. No
				dealer and no retail store shall sell any regulated product or products as to
				which this chapter is in effect for less than the cost thereof to the dealer or
				retail store, with the purpose or intent to injure competitors or destroy
				competition.
B. Intent. The
				Commission shall regard consistent and repeated advertisements, offers to sell
				or sales by a dealer or a retail store of any regulated product or products as
				to which this chapter is in effect at less than the cost thereof to the dealer
				or retail store respectively, the advertisements, offers to sell or sales
				thereby forming a pattern of sales below cost, as demonstrating purpose or
				intent to injure competitors or destroy competition.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 20 - PREVENTION OF DESTRUCTIVE COMPETITION › Section 015-20-IV - WHEN BELOW-COST PRICE NOT PROHIBITED; BURDEN

Current through 2024-29, July 17, 2024
A. When Below-Cost Price Not Prohibited. The
				offer for sale or sale of any regulated product or products as to which this
				chapter is in effect by a dealer or retail store at a price which is below the
				cost thereof to the dealer or retail store is not prohibited when done without
				the purpose or intent to injure competitors or destroy competition or when the
				price is set in good faith to meet legal competition.
B. Burden. A dealer or retail store which
				relies on subsection A. to explain or justify a price which is below its cost
				must provide information which demonstrates that its own price was not set with
				the purpose or intent to injure competitors or destroy competition, or that its
				own price was set in good faith to meet legal competition and that the dealer
				or retail store directly competes with that competition. Proof that a price was
				set by a competitor may be made by evidence such as an advertisement, proof of
				sale or receipt. Proof that a price was offered by a competitor may be made by
				evidence such as a written price proposal or contract to sell at that
				price.
C. Duration of Below-Cost
				Price to Meet Competition. A dealer or retail store which, under this section,
				is not prohibited from selling at a price which is below its cost may continue
				to sell at that price only so long as it is in fact doing so to meet the legal
				competition in response to which it set its price.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 20 - PREVENTION OF DESTRUCTIVE COMPETITION › Section 015-20-VIII - ENFORCEMENT POLICY; PRESUMPTIVE PRICING

Current through 2024-29, July 17, 2024
A.
				Generally. As a general matter, the Commission does not intend to investigate
				as possible violations of the Destructive Competition Law dealer or retail
				prices for regulated products that are equal to or greater than so-called
				presumptive prices for regulated products which the Commission will
				periodically announce. The Commission may nonetheless investigate prices
				meeting these criteria if it has cause to believe that the prices may be lower
				than the cost of the regulated product to the dealer or retail store, as the
				case may be, and were not set in good faith to meet legal
				competition.
B. Notification. Once
				this chapter or any part of it goes into effect, the Commission shall send
				dealers written notice of the establishment and the subsequent change of the
				presumptive prices it promulgates. At the time a dealer or retail store offers
				to sell a regulated product for less than the applicable presumptive price then
				in effect, the dealer or retail store shall simultaneously notify the
				Commission in writing and submit information which demonstrates that the
				offered price is not below its cost or if the price is below its cost, that it
				is offered in order to meet legal competition, specifying the nature and source
				of that competition.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 20 - PREVENTION OF DESTRUCTIVE COMPETITION › Section 015-20-IX - MAINTENANCE OF RECORDS

Current through 2024-29, July 17, 2024
A. Generally.
				Dealers and retail stores shall maintain all cost information and prices and
				records used in the preparation of the reports and forms required by Section V,
				Section VI, and Section VII for a period of three years from the date the
				reports and forms are filed with the Commission. Dealers shall retain records
				of raw product costs for a period of three years following each
				transaction.
B. During
				Investigations or Proceedings. Notwithstanding subsection A, any cost or price
				information or records which are related to an investigation or proceedings
				undertaken by the Commission under this chapter or under 7 M.R.S.A.,
				§2981
et seq
. shall be maintained by the dealer or retail
				store until, in the case of a Commission investigation, the dealer or retail
				store receives from the Commission a written release from this obligation or,
				in the case of a judicial proceeding, until a final judgment has been entered
				and all appeals therefrom have been exhausted.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 20 - PREVENTION OF DESTRUCTIVE COMPETITION › Section 015-20-X - CONFIDENTIALITY

Current through 2024-29, July 17, 2024
Exercising its discretionary authority to accord
				  confidentiality to commercial information, the Commission will treat as
				  confidential all information furnished to it pursuant this chapter. If such
				  information becomes relevant to any enforcement proceeding, the Commission will
				  no longer treat it as confidential, except that prior to disclosing the
				  information the Commission will allow a reasonable opportunity for any person
				  who would be directly affected by its disclosure to obtain a judicial order
				  protecting the information.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 20 - PREVENTION OF DESTRUCTIVE COMPETITION › Section 015-20-XI - MISCELLANEOUS PROVISIONS

Current through 2024-29, July 17, 2024
A. Authorization of
				Executive Secretary. The Commission's Executive Secretary is authorized to act
				for the Commission under this chapter in commencing and conducting any
				investigation or audit, in requesting any information, reports or data from any
				dealer, retail store or integrated operation, in specifying any date by which
				information, reports or data must be furnished to the Commission and in
				carrying out any related administrative tasks.
B. Inspection and Audit. In addition to the
				subpoena power conferred by law, all records, books, accounts and information
				of dealers, retail stores and Integrated operations required to be kept by or
				relevant to this chapter are subject to inspection and audit by the Commission.
				Upon request of the Commission, dealers, retail stores and integrated
				operations shall make such records, books, accounts and information available
				for inspection and audit at their places of business.
C. Severability. If any provisions of this
				chapter is declared invalid, or if the application of any provision of this
				chapter to any person or circumstances is invalid, the invalidity shall not
				affect other provisions or applications which can be given effect without the
				invalid provision or application.
Note: For copies of the attachments to this Chapter,
				  please contact the Maine Milk Commission.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 26 - PRODUCER MARGINS › Section 015-26-1 - Farms at four different levels of production

Current through 2024-29, July 17, 2024
Based upon four different tiers of annual production by
				  farms, there are four levels of target prices with respect to the cost of
				  producing milk.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 26 - PRODUCER MARGINS › Section 015-26-2 - Target prices

Current through 2024-29, July 17, 2024
The four short-run break-even target prices are set forth in
				  the chart below. The average short-run break-even price for all farms is
				  $21.94/cwt.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 26 - PRODUCER MARGINS › Section 015-26-3

Current through 2024-29, July 17, 2024
Tier:
Annual Production
							 Range:
Target Price:
Small Farm
0 - 16,790 hundredweight
$23.05
Medium Farm
Over 16,790 to 49,079
							 hundredweight
$21.44
Large Farm
Over 49,079 to 76,800
							 hundredweight
$20.93
Very Large Farm
Over 76,800 hundredweight
$20.21
Date of Provisional Adoption: June 24, 2021 __
Tim
				  Drake_______________________
Tim Drake, Executive Director
Maine Milk Commission
Date of Final Adoption: May 19, 2022
__
Julie-Marie
				  Bickford
____________
Julie-Marie Bickford, Executive Director
Maine Milk Commission
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 28 - MILK PROMOTION FEE (ORDER # 93MPF) › Section 015-28-I - DEFINITIONS

Current through 2024-29, July 17, 2024
A. Milk Promotion Fee: An amount of money
				paid by dairy processors into a national program to promote the sale of
				milk.
B. Fluid Milk Promotion
				Program: A national program for fluid-milk promotion and consumer education
				funded by a mandatory assessment on all milk products processed and marketed
				commercially in consumer-type packages by fluid milk processors in the 48
				contiguous States.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 28 - MILK PROMOTION FEE (ORDER # 93MPF) › Section 015-28-II - STATUTORY FRAMEWORK AND BACKGROUND

Current through 2024-29, July 17, 2024
Pursuant to the Milk Commission Law
				   7 M.R.S.A.,
				  §2951
et seq.
the
				  Commission conducted informational hearings as part of its investigation
				  previous to formal rule making hearings. The process started in August 1993
				  when one major Maine dairy processor inquired what the Commission's position
				  would be regarding a national dealers referendum for a monthly milk promotion
				  fee of $0.20/cwt.
The Milk Commission developed their position on the Milk
				  Promotion Fee over the next five months as the rule making process continued
				  and as dealers, producers and Commission intervenors provided both formal and
				  informal input.
The dealer referendum took place in October 1993 and the
				  results made known November 1993. The program passed with 72% of the voting
				  companies approving the promotion order. Those companies voting yes account for
				  77% of the total volume of fluid milk products marketed in the U.S. The first
				  assessment of $0.20/cwt will be announced with the January 5 federal order
				  advance Class I price announcement applicable to all Class I milk sales in
				  February. Processors will be required to remit the first assessment payment to
				  the National Processor Board by the end of March. Subsequent assessments will
				  also be announced each month with the federal order Class I price
				  announcements.
The test period of $0.20/cwt fee assessment to be contributed
				  by milk processors will apply February through July 1994; thereafter the fee
				  assessment may vary. The processors asked the Milk Commission to include in
				  monthly minimum wholesale and retail prices the assessment. At $0.20/cwt. the
				  minimum cost will be $0.0172 per gallon when included in the monthly Commission
				  minimums.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 28 - MILK PROMOTION FEE (ORDER # 93MPF) › Section 015-28-III - MILK PROMOTION FEE

Current through 2024-29, July 17, 2024
The dealer's mandatory fee assessment as announced by the
				  appropriate, Federal Agency may be established in Commission minimum wholesale
				  and retail prices. The amount of the fee assessment per controlled container
				  shall appear monthly on the Commission Is price schedule. Me price schedule
				  will also show the total Class I Producer Price, the Federal Agency Promotion
				  Assessment Fee, and the Total Class I Dealer costs. The monthly fee assessment
				  will not be part of the producer Class I minimum price. See Appendix A for
				  sample of a price schedule with the above information.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 28 - MILK PROMOTION FEE (ORDER # 93MPF) › Section 015-28-IV - MILK PROMOTION FEE PAYMENT/COLLECTION

Current through 2024-29, July 17, 2024
It will be the dealers responsibility to pay the proper
				  amount to the national program and report number of pounds and the dollar
				  amount to the Maine Milk Commission on a monthly basis.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 28 - MILK PROMOTION FEE (ORDER # 93MPF) › Section 015-28-V - EFFECTIVE DATE

Current through 2024-29, July 17, 2024
The new dealer milk promotion fee becomes effective in Maine
				  minimums February 1, 1994 when that months minimum wholesale and retail prices
				  are scheduled to go into effect. Thereafter, dealer promotion fee minimums are
				  effective the first Sunday of the first week of the month.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 28 - MILK PROMOTION FEE (ORDER # 93MPF) › Section 015-28-VI - MISCELLANEOUS

Current through 2024-29, July 17, 2024
Severability: In the event the dealer's promotion fee is
				  discontinued the rule becomes null and void and the fee will not be continued
				  nor recognized in minimum wholesale and retail prices.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 61 - MAINE MILK POOL COST OF ADMINISTRATION

Current through 2024-29, July 17, 2024
Costs incurred for the Maine Milk Pool for personnel services
				and for operation were approximately $60,000 from 2018 to 2022. Based on the
				last twelve months expenses (2022), it is estimated that the Pool costs for
				similar expenses for 2023 will be about $65,000.
The total pounds in the Pool for the last twelve months
				(January 2022 - December 2022) were 550,151,781. It is estimated that the total
				pounds in the Pool for 2023 will be approximately the same.
Based on the above projected costs and pounds the Pool
				Administrator sets the rate per hundredweight of milk for the cost of
				administering the Pool for calendar year 2023 at $0.01/cwt. This represents no
				change from 2018.
STATUTORY AUTHORITY:
				  7 M.R.S.
				  §3154(2)
Note: until 2023, filings were under 01-001, Department of
				  Agriculture, Conservation and Forestry.
The
				amended version of this chapter by
				filing
				2024-131, eff.
				7/1/2024 is not yet
				available.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 1 - ADMINISTRATION › Section 017-1-3 - Jurisdiction

Current through 2024-29, July 17, 2024
The Laws of Maine and the Rules of the Maine State Harness
				  Racing Commission shall supersede the conditions of a race, regulations
				  governing meets and rules or regulations of any other
				  jurisdiction.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 1 - ADMINISTRATION › Section 017-1-4 - State Steward

Current through 2024-29, July 17, 2024
There shall be a State Steward at all licensed race meets.
				  The State Steward shall be the representative at large of the Commission at the
				  race meets. The State Steward shall be the senior official at all meets under
				  the control of the Commission and shall have direct supervision over all
				  matters pertaining to such meets. The State Steward and any other
				  representative of the Commission shall have unrestricted access to the grounds
				  where a licensed meet is being conducted. When a State Steward is licensed as
				  an Associate Judge or a Presiding Judge, a State Steward is the Commission's
				  licensed designee pursuant to
				  5 M.R.S.
				  §10004(6).
A State Steward may act as the Presiding Judge at a licensed
				  race meet under the following conditions:
1. a person, association, or corporation
				applying for a license to conduct racing under
				8 M.R.S.
				§271 submits a request to the Commission
				that a State Steward act as a Presiding Judge at all race meets for the
				upcoming race season that it is applying to be licensed for;
2. the request for a State Steward to act as
				the Presiding Judge is for the entire upcoming race season and is made
				concurrent with its application to conduct live racing and for race date
				assignments;
3. the Commission
				approves the request at its annual race date assignment hearing held pursuant
				to Chapter 19, Section
				4; and
4. the State Steward is licensed by the
				Commission as a Presiding Judge.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 1 - ADMINISTRATION › Section 017-1-5 - Racing, Farm, Corporate or Stable Name

Current through 2024-29, July 17, 2024
Racing, farm, corporate, or stable name may be used by owners
				  or lessees if registered with and published licensed by the United States
				  Trotting Association.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 1 - ADMINISTRATION › Section 017-1-7 - Corporate Requirements

Current through 2024-29, July 17, 2024
Corporations racing horses in Maine shall furnish the
				  following information:
1. The
				corporation shall designate to the Judges and the Commission the name of one
				individual, preferably an officer who shall act as agent for the
				corporation.
2. All persons listed
				in the corporation shall be liable for entry fees and penalties against horses
				raced by the corporation.
3. In the
				event that one of the persons listed in the corporation is suspended all horses
				owned by the corporation shall be suspended.
4. Each of the persons holding a beneficial
				interest in the corporation shall be in good standing in racing.
5. Each of the persons holding a beneficial
				interest in the corporation shall be licensed as an owner. If more than five
				persons have a beneficial interest in the corporation then the corporation
				shall designate by vote one member holding a beneficial interest to receive a
				license in the name of the corporation and to assume all responsibilities
				thereof.
6. The provisions of the
				Corporation Rules shall not apply to stockholders of publicly held corporations
				consisting of twenty-five or more stockholders. However, officers and directors
				of such publicly held corporations shall be liable to all of the provisions of
				the Corporation Rules as set forth above.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 1 - ADMINISTRATION › Section 017-1-9 - Sulky Approval

Current through 2024-29, July 17, 2024
The use of any sulky in competition at an Association shall
				  be subject to the approval of the Judges. A judge shall not approve use of a
				  sulky in competition when the general condition, overall construction or a
				  particular structural feature of the sulky is dangerous or unsafe.
The Commission adopts Sulky Performance Standards/Approval
				  established by the United States Trotting Association effective May 1, 2022 as
				  official guidelines for approval of sulkies used in competition at an
				  Association in Maine.
THE UNITED STATES TROTTING ASSOCIATION SULKY
				  PERFORMANCE STANDARDS/APPROVAL
1.
Approval of Racing Sulkies
All styles, types and models of racing sulkies must pass all
				  performance and testing standards as established under these guidelines in
				  order to be approved for use in any race. Such testing shall include static
				  load testing, dynamic load testing and track testing.
2.
General Provisions
A. The sulky shall not create either by
				design or manufacture any interference or hazard to any driver or horse in a
				race.
B. All components of the
				sulky shall be attached to one another in such a way that they remain attached
				during normal use and testing.
C.
				No bent shaft style sulky shall be approved for use.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 1 - ADMINISTRATION › Section 017-1-11 - Licenses

Current through 2024-29, July 17, 2024
1. The following licenses shall be issued by
				the Commission. License fees shall be reviewed annually and set by the
				Commission on or before December 31 for the subsequent calendar year.
A. Announcer
B. Assistant Charter
C. Assistant Race Secretary
D. Associate Judge
E. Charter
F. Clerk of Course
G. Commission Veterinarian
H. Corporate Stable
I. Driver
J. Driver/Trainer
K. Equipment Inspector
L. Farrier
M. Gate Security
N. Groom
O. Horse Identifier
P. Marshal
Q. Multiple Ownership
R. Owner
S. Owner/Driver
T. Owner/Driver/Trainer
U. Owner/Trainer
V. Owner/Trainer - Limited
W. Paddock Judge
X. Paddock Security Officer
Y. Pari-Mutuel Director
Z. Pari-Mutuel Employee
AA. Photo Finish Operator
BB. Presiding Judge
CC. Program Director
DD. Race Secretary
EE. Security Guard
FF. Stable
GG. Starting Gate Driver
HH. Starter/Patrol Judge
II. Timer
JJ. Trainer
KK. TV/Video Operator
LL. Urine Sampler
MM. Vendor
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 1 - ADMINISTRATION › Section 017-1-12 - Vision Requirements

Current through 2024-29, July 17, 2024
An applicant for a license as a Presiding Judge, Associate
				  Judge, Driver, Charter, Patrol Judge, Starting Gate Driver or Starting Judge
				  must submit evidence of an eye examination, conducted within the last 4 years,
				  indicating a minimum of 20/40 corrected vision in both eyes, or if one eye is
				  blind, at least 20/30 corrected vision in the other eye. Evidence of the eye
				  examination may be submitted by certification by a licensed optometrist or
				  ophthalmologist or may be evidenced by eye examination information presented as
				  part of a current, active United States Trotting Association membership or
				  current, valid motor vehicle driver's license, provided that the eye
				  examination for the United States Trotting Association membership or motor
				  vehicle driver's license was conducted within the last 4
				  years.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 1 - ADMINISTRATION › Section 017-1-13 - Registration

Current through 2024-29, July 17, 2024
1.
General Provisions
All matters relating to the registration of standardbred
				  horses, unless otherwise provided for herein, shall be governed by the rules of
				  the United States Trotting Association.
2. Registration of Standard and
				Non-Standardbred Horses
All standard or non-standardbred horses subject to these
				  rules shall have an electronic eligibility issued by the United States Trotting
				  Association
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 1 - ADMINISTRATION › Section 017-1-14 - Eligibility To Race In Maine

Current through 2024-29, July 17, 2024
1. No horse may
				start in a race unless a valid electronic eligibility at the proper gait is
				obtained. In order to maintain a valid eligibility record on a horse that is
				racing, if that horse is sold or leased, the seller/lessor may deliver the
				registration certificate or application to transfer the horse to the clerk of
				the course for updating and processing. If everything is in order, the
				eligibility record will be updated and the registration certificate,
				application for transfer or lease forwarded to the USTA.
2. It is the trainer's responsibility to
				ensure the accuracy of eligibility records.
3. Any horse on lease must race in the name
				of the lessee.
4. Canadian horses
				or horses that have raced at Canadian tracks are not excused from these
				rules.
5. It is a Level 1 violation
				of these rules to fraudulently tamper with or alter an electronic eligibility
				record.
6. Only the Clerk of Course
				or Presiding Judge may make changes on an eligibility record.
7. No Horse that is 15 years of age is
				eligible to perform in any race except matinees, licensed agricultural fair
				races, races exclusively for amateur or club drivers as sanctioned by the USTA,
				or non-betting racing under saddle events and no electronic eligibility shall
				be issued for such a horse except for a performance in such races. No Horse
				that is older than 15 years of age is eligible to perform in any race. The
				following limitations also apply:
A. Any horse
				that was placed on the steward's list for any type of lameness during its
				14-year-old season is not eligible to race as a 15-year-old.
B. A 15-year-old horse that is placed on the
				steward's list for any type of lameness during its 15-year old season is no
				longer eligible to race.
C. 15
				year-old horses are limited to a maximum of three starts in a calendar
				month.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 1 - ADMINISTRATION › Section 017-1-15 - Coggins Test

Current through 2024-29, July 17, 2024
1. It is a Level 1
				Violation of these rules for a licensed association to permit a horse on the
				grounds which does not have a valid Coggins recorded on their electronic
				eligibility.
A. A copy of the state statute
				concerning the Coggins Test requirement shall be posted in the Racing
				Secretary's office.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 1 - ADMINISTRATION › Section 017-1-16 - Spayed Mares

Current through 2024-29, July 17, 2024
The fact that a mare has been spayed must be noted on the
				  registration certificate, the electronic eligibility and any program when such
				  mare races. It shall be the owner's responsibility to report the fact that the
				  mare has been spayed to the United States Trotting Association and return its
				  papers for correction. If the information is on the eligibility papers, it must
				  be in the racing program.