Title 7, Title 7

1. Withdrawal from distribution. When the commissioner or the commissioner's authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this subchapter or of any of the prescribed regulations under thi…

1. Civil violation. A person may not violate this subchapter or impede, hinder or otherwise prevent the commissioner or the commissioner's duly authorized agent from performing the commissioner's duties in connection with this subchapter. The following penalties apply to violatio…

The commissioner may cooperate with and enter into agreements with governmental agencies of this State, other states, agencies of the Federal Government and private associations in order to carry out the purpose of this subchapter.

The commissioner shall publish the results of analysis of commercial feeds together with the names of persons from whom the samples were obtained, the names of the manufacturers thereof and such additional information as the commissioner determines is advisable.

This subchapter shall be known as the "Maine Commercial Fertilizer Law".

As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings. [PL 1979, c. 541, Pt. A, §54 (AMD).] 1. Agricultural lime. 1-A. Biosolids. "Biosolids" means municipal sewage sludge that is a primarily organic, semisolid p…

Each brand and grade of commercial fertilizer must be registered before being offered for sale, sold or distributed in this State. The application for registration must be submitted to the commissioner on forms furnished by the commissioner and must be accompanied by an annual fe…

1. Registrants required to report. On or before September 1st of each year, a registrant shall file with the commissioner, on a form prescribed by the commissioner, the number of tons of each brand and grade of commercial fertilizer sold by the registrant in the State during the …

Sections 743 and 743‑A do not apply to packaged biosolids or unpackaged biosolids that are derived primarily from residuals regulated by Title 38, chapter 13 and by rules adopted by the Department of Environmental Protection governing solid waste management matters concerning com…

Any commercial fertilizer distributed in this State in containers must have placed on or affixed to the container a label setting forth in clearly legible form the information required by section 743, subsections 1 to 5. [PL 2007, c. 147, §3 (AMD).] If distributed in bulk, a writ…

The commissioner shall inspect and sample for analysis in accordance with section 490 commercial fertilizers distributed within this State to the extent the commissioner considers necessary to determine compliance with this subchapter. The commissioner or the commissioner's agent…

No person shall distribute misbranded fertilizer. A commercial fertilizer shall be deemed to be misbranded: 1. False or misleading statements. If false or misleading statements concerning its agricultural value are made on the container or in any advertising matter accompanying o…

No person shall distribute an adulterated commercial fertilizer. A commercial fertilizer shall be deemed to be adulterated: 1. Quality, etc. not in conformity. If its weight, composition, quality, strength or purity do not conform in each particular to the claims made upon the af…

The commissioner is charged with the enforcement of this subchapter, and is empowered to promulgate and adopt, in a manner consistent with the Maine Administrative Procedure Act, such reasonable rules and regulations as may be necessary to carry into effect the full intent and me…

This subchapter shall be administered by the commissioner.

1. Violation. A person, firm or corporation may not violate this subchapter or a rule adopted pursuant to this subchapter. 2. Penalty. The following penalties apply to violations of this section. A. A person who violates subsection 1 commits a civil violation for which a fine of …

In addition to any fine adjudged under section 750, an assessment for deficiencies in a fertilizer must be made in accordance with this section. For the purposes of this section, a deficiency occurs when an investigational analysis determines that the allowances established in ru…

This subchapter shall be known and may be cited as the "Maine Agricultural Liming Materials Act."

As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1987, c. 425, §§ 1, 3 (NEW).] 1. Agricultural liming materials. "Agricultural liming material" means a product whose calcium and magnesium compounds are capabl…

1. Contents of label. Agricultural liming materials distributed in the State shall have affixed to each package in a conspicuous manner on the outside of the package, a plainly printed, stamped or otherwise marked label, tag or statement or, in the case of bulk sales, a delivery …

No person may sell or offer for sale any agricultural liming material in this State unless it complies with this subchapter and rules adopted under this subchapter. No person may sell or offer for sale any agricultural liming material in this State containing materials that are o…

Section 764 does not apply to unpackaged industrial by-products derived primarily from residuals regulated by Title 38, chapter 13 and by rules adopted by the Department of Environmental Protection governing solid waste management matters concerning composting facilities and the …

1. Registration required; fee. Each separately identified agricultural liming product shall be registered before being offered for sale, sold or distributed in the State. The application for registration shall be submitted to the commissioner on forms furnished or approved by the…

1. By registrants. On or before September 1st in each year each registrant shall file with the commissioner, on forms prescribed by the commissioner, the number of tons of each agricultural liming material sold during the 12 months preceding July 1st of that year. 2. Commissioner…

1. Commissioner shall inspect, analyze, test. The commissioner, or the commissioner's authorized agent, shall sample, inspect, analyze and test the agricultural liming materials distributed within this State to determine whether the agricultural liming materials are in compliance…

1. Issuance of order. The commissioner may issue a written "stop sale, use or removal" order to the owner or custodian of any lot of agricultural liming materials when the commissioner determines that a violation of this subchapter has taken place. The order must include a notice…

1. Violation. A person, firm or corporation may not violate this subchapter or a rule adopted pursuant to this subchapter. 2. Penalty. The following penalties apply to violations of this section. A. A person who violates subsection 1 commits a civil violation for which a fine of …

The commissioner after reasonable notice and hearing may promulgate and enforce rules for the administration of this subchapter, in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375, and grant exemptions from specific requirements of this subch…

This Act shall be known as the "Maine Plant and Soil Amendment Act."

As used in this subchapter, unless the context indicates otherwise, the following terms shall have the following meanings. [PL 1979, c. 491, §1 (NEW).] 1. Brand name. "Brand name" means the term, designation, trademark, product name or other specific designation under which indiv…

The following information shall appear on the face or display side of the container of any plant amendment or soil amendment offered for sale. It shall be in a readable and conspicuous form and shall be considered the label. If distributed in bulk, a written or printed statement …

Each separately identified plant or soil amendment product must be registered by the distributor before being distributed in this State. The application for registration must be submitted to the commissioner on the form approved by the commissioner and must be accompanied by a fe…

Every person who distributes a plant or soil amendment shall file with the commissioner on or before September 1st in each year, on forms supplied by him, the number of tons of each plant or soil amendment sold in the State during the 12 months preceding July 1st of the current y…

The commissioner shall sample, inspect, analyze and test plant and soil amendment distributed within the State as the commissioner considers necessary to determine whether the plant or soil amendments are in compliance with this subchapter. The commissioner may enter upon any pub…

If the analyses or tests show that any plant or soil amendments are misbranded or adulterated, disposition of the amendment shall be in accordance with rules. [PL 1979, c. 491, §1 (NEW).] The commissioner may adopt rules establishing tolerable deficiencies for guaranteed analyses…

No person shall distribute a misbranded plant or soil amendment. A plant or soil amendment shall be deemed to be misbranded if: [PL 1979, c. 491, §1 (NEW).] 1. False labeling. Its labeling is false or misleading in any particular; 2. Not labeled. If it is not labeled as required …

The commissioner may issue and enforce a written order to the owner or custodian of any plant or soil amendment to stop sale, use or removal, when the commissioner finds the plant or soil amendment is being offered for sale in violation of any of the provisions of this subchapter…

Any person who violates any provision of this subchapter commits a civil violation for which a fine of not less than $200 must be adjudged. This subchapter may not be construed to require the commissioner to sue or to issue an order as a result of minor violations of this subchap…

The commissioner is authorized pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, to adopt and enforce such rules as may be necessary for this subchapter.

No person shall distribute an adulterated plant or soil amendment. A plant or soil amendment shall be deemed to be adulterated if: [PL 1979, c. 491, §1 (NEW).] 1. Deleterious or harmful agent. It contains any deleterious or harmful agent in sufficient amount to render it injuriou…

Consistent with the Maine Administrative Procedure Act, the commissioner may refuse registration of any brand of plant or soil amendment if the commissioner finds the brand of plant or soil amendment violates this subchapter, and may investigate whether the registration of any pl…

Maple products packed in any type or kind of container, and found in any place in the State of Maine, whether that place shall be a warehouse, packing house or any place where maple products are stored, shall be deemed to be exposed for sale under sections 891 to 898.

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Brix" means the scale used to measure the specific gravity of maple syrup. [PL 1991, c. 326, §2 (NEW).] B. "Damage" means any defect that affects …

All containers of maple syrup sold or offered for sale for human consumption by any person, partnership, association, firm or corporation shall be labeled with the grade, the volume, name and address of the producer or packer, together with the producer's or packer's seal in such…

Any person, partnership, association, firm or corporation shall not sell or offer for sale in any place, or serve in any hotel, restaurant or other public eating place any maple sugar, maple confection or candy or maple syrup or any product labeled or represented as such that is …

Any person, partnership, association, firm or corporation, when quoting the price, shall include the grade on all flyers, newspapers, radio and television advertisements.