Title 7, Title 7

1. Rules. The department shall adopt rules as it determines appropriate for the proper administration of this subchapter. 2. Violation notices. The department shall issue notices to bottlers and distributors alleged to have violated any provision of this subchapter. A person who …

The label on water that is sold in the State in containers and that is intended for human consumption must include words that, without the use of abbreviations or acronyms, identify the name and geographic location of the water body, well or public water supply from which the wat…

Water may not be labeled or advertised as "Maine water" or "from Maine" if the water is not from a natural source in the State.

This subchapter may be known and cited as the "Maine Pesticide Control Act of 1975."

This subchapter is administered by the Board of Pesticides Control, referred to in this subchapter as the "board," established in Title 5, section 12004‑D, subsection 3 and further described in Title 22, chapter 258‑A.

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 620, §3 (AMD).] 1. Active ingredient. "Active ingredient" means any ingredient that will prevent, destroy, repel, control or mitigate pests or that wi…

The term "misbranded": [PL 2005, c. 620, §4 (AMD).] 1. False, misleading or inconspicuous labeling. As applied to any pesticide subject to this subchapter means that: A. Its labeling bears any statement, design or graphic representation relative to the pesticide or to its ingredi…

1. Unlawful distribution. A person may not distribute in the State any of the following: A. A pesticide that has not been registered pursuant to the provisions of this subchapter; [PL 2005, c. 620, §5 (AMD).] B. A pesticide if any of the claims made for it or any of the direction…

1. Conditions requiring registration. A pesticide may not be distributed in this State unless it is registered with the board in accordance with the provisions of this subchapter, except that registration is not required if: A. A pesticide is shipped from one plant or warehouse t…

1. Review required. The board shall review chemical pesticides used in this State in accordance with the requirements of this section. The board shall select 2 pesticides for review each year with priority given to pesticides that have patterns of use in this State that differ fr…

1. Procedure. The following provisions govern the board when refusing to register a pesticide, refusing to renew a pesticide registration, canceling a pesticide registration or suspending a pesticide registration. A. If it does not appear to the board that a pesticide warrants th…

1. Determinations. The board may by rule: A. Declare as a pest any form of plant or animal life, except viruses, bacteria or other microorganisms on or in living human beings or other living animals, that is injurious to health or the environment; [RR 2005, c. 2, §8 (COR).] B. De…

1. Board powers. Notwithstanding any other provision of law, the sampling and examination of pesticides or devices for the purpose of determining whether they comply with the requirements of this subchapter must be done under the direction of the board. The board may, upon presen…

When the board has reasonable cause to believe a pesticide or device is being distributed, stored, transported or used in violation of any of the provisions of this subchapter or of any of the rules adopted pursuant to this subchapter, it may issue and serve a written "stop sale,…

The following provisions govern judicial actions concerning a "stop sale, use or removal" order by the board. [PL 2005, c. 620, §13 (NEW).] 1. Filing action; adjudication. After service of a "stop sale, use or removal" order is made upon any person, either that person, the regist…

The board may issue subpoenas to compel the attendance of witnesses and the production of books, documents and records in the State in any hearing affecting the authority or privilege granted by a license, registration or permit issued under the provisions of this subchapter.

1. Informal hearing. When the staff of the board proposes that the board take action on a possible violation, the board shall notify the alleged violator before discussing the alleged violation. The alleged violator may choose to address the board and may also choose to be repres…

1. Exemptions from penalties. The penalties provided for violations of section 606, subsection 1, paragraphs A, B, C, D and E do not apply to: A. Any carrier while lawfully engaged in transporting a pesticide within this State if the carrier, upon request, permits the board to co…

The board may publish, at least annually and in such form as it determines proper, results of analyses based on official samples as compared with the guaranteed analyses and information concerning the distribution of pesticides. The board may not publish individual distribution i…

All authority vested in the board under this subchapter may, with like force and effort, be executed by employees of the board to whom the board from time to time delegates such authority.

The board may cooperate with, receive grants-in-aid from and enter into cooperative agreements with any agency of the Federal Government or of this State or its subdivisions, or with any agency of another state, in order to implement this subchapter, including but not limited to …

All money received by the board under this subchapter must be deposited in the State Treasury to the credit of a special fund to be used for carrying out the provisions of this subchapter and Title 22, chapter 258‑A, Board of Pesticides Control, and for such other expenses relate…

The enactment of this subchapter does not have the effect of terminating or in any way modifying any liability, civil or criminal, in existence on October 1, 1975.

Jurisdiction in all matters pertaining to the registration, distribution and disposal of pesticides and devices is by this subchapter vested exclusively in the board.

Any public utility, or the Department of Transportation, that maintains a right-of-way through a municipality shall offer a no-spray agreement, with reasonable provisions, for the municipality to consider if it desires. Any agreement negotiated may include, but is not limited to,…

Terms used in sections 631 to 639 shall be construed as follows unless a different meaning is clearly apparent from the language or context: 1. Candling. "Candling" means the common practice of examining the interior of an egg by holding and twirling the same before a light passi…

The commissioner may by rule establish official definitions and standards and sizes for grading or classifying, packaging and labeling eggs. [PL 2005, c. 512, §30 (AMD).] The standards and sizes pursuant to this section may not be lower in their requirements than the minimum requ…

All eggs sold or offered for sale for human consumption by any person, partnership, association, firm or corporation shall be labeled with the grade and size designation as set forth in the Maine consumer grades, except as otherwise provided.

Except as provided in section 636, the standards of quality for Maine consumer grades for shell eggs that are established by the commissioner apply to all shell eggs sold or offered for sale. The final determination of the grades is made by candling.

The net weight and size requirements for Maine consumer grades for shell eggs shall be established by the commissioner. In the establishment of such grades, the commissioner shall consult an advisory committee of 5 appointed by him, 3 of whom shall be chosen from a list submitted…

The terms "fresh eggs," "strictly fresh eggs," "hennery eggs," "new-laid eggs," "farm fresh eggs," "selected eggs," "quality certified eggs," "nearby eggs," "native eggs" or words or descriptions of similar import shall not be used on any eggs which do not meet the minimum requir…

A person may not sell restricted eggs except that an egg producer or packer may sell restricted eggs on that producer's or packer's premises directly to a household consumer for use by that consumer and members of the consumer's household and the consumer's nonpaying guests and e…

1. Direct sales to consumers. Producers selling eggs of their own production direct to consumers are exempt from sections 631‑A to 635 for those sales. 2. Eggs shipped for wholesale sale. An egg producer may ship eggs to a wholesaler or to another shipper without labeling and gra…

The commissioner shall administer sections 631 to 643 and may adopt, in a manner consistent with the Maine Administrative Procedure Act, uniform rules for such administration. The commissioner may recover the fines imposed for violations of sections 631 to 643 in a civil action b…

All fines imposed for violation of this subchapter must be paid to the commissioner. The commissioner shall send all fines received for violations of this subchapter to the Treasurer of State for deposit in the General Fund.

Any person, firm, partnership, association or corporation who shall violate any of the provisions of sections 631 to 639 or shall neglect or refuse to comply with the provisions thereof or any rule or regulation promulgated hereunder commits a civil violation for which the follow…

As used in this Title, unless the context otherwise indicates, the following terms shall have the following meanings. [PL 1979, c. 541, Pt. A, §50 (AMD).] 1. Processed eggs. "Processed eggs" shall be held to mean any shell eggs which in a way other than storage have been so treat…

Any person, firm or corporation who exposes or offers for sale, either in any public place or elsewhere, any shell eggs which have been in storage or which in any way have been processed, shall conspicuously display upon the receptacle in which such shell eggs are offered for sal…

Whenever any person, firm or corporation within this State ships or delivers to a purchaser within this State any shell eggs that have been in storage or processed, such person, firm or corporation shall deliver to the purchaser an invoice or bill showing thereon the character of…

A person, firm or corporation that violates any provision of sections 640 to 642 commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

This subchapter shall be known as the "Maine Commercial Feed Law of 1971."

As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings. [PL 1979, c. 541, Pt. A, §51 (AMD).] 1. Brand name. "Brand name" means a word, name, symbol or device, or any combination thereof, that identifies the commer…

This subchapter shall be administered by the Commissioner of Agriculture, Conservation and Forestry hereinafter in this subchapter called the "commissioner."

1. Application for registration. A person may not distribute in this State a commercial feed, except a customer-formula feed, that has not been registered pursuant to this section. The application for registration must be submitted in the manner prescribed by the commissioner on …

A commercial feed shall be labeled as follows: [PL 1971, c. 77, §1 (NEW).] 1. Commercial feed. In case of a commercial feed, except a customer-formula feed, it shall be accompanied by a label bearing the following information: A. The net weight; [PL 1971, c. 77, §1 (NEW).] B. The…

1. Conditions deemed misbranding. A commercial feed shall be deemed to be misbranded: A. If its labeling is false or misleading in any particular; [PL 1971, c. 77, §1 (NEW).] B. If it is distributed under the name of another commercial feed; [PL 1971, c. 77, §1 (NEW).] C. If it i…