Title 7, Title 7

The commissioner shall develop suitable means to distribute information compiled under section 412 to all Maine farmers. If the commissioner considers the cost of distributing any research or instructional publication prohibitive, the commissioner shall, by whatever means appropr…

The commissioner shall assist and advise individual farmers or groups of farmers in their efforts to market more effectively directly to consumers by: [PL 2013, c. 65, §2 (AMD).] 1. Soliciting participation. Informing farmers of, and soliciting their participation in, any propose…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Farmers' market" means a building, structure or place used by 2 or more farmers for the direct sale of farm and food products to consumers, at whi…

This subchapter shall be known and may be cited as the "Maine Agricultural Commodities Marketing Act."

The purposes of this subchapter are: [PL 1981, c. 154, §1 (NEW).] 1. Correlated marketing. To enable producers of agricultural commodities of this State, with the aid of the State, to more effectively correlate the marketing of their crops with market demands; 2. Uniform grading.…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1981, c. 154, §1 (NEW).] 1. Agricultural commodity. "Agricultural commodity" means any and all agricultural, horticultural and vineyard crops and products when…

The commissioner shall administer and enforce this subchapter. [PL 1981, c. 154, §1 (NEW).] 1. Rules. The commissioner may, in a manner consistent with the rulemaking provisions of the Maine Administrative Procedure Act, Title 5, chapter 375, adopt such rules as may be necessary …

1. Market orders. To carry out the purposes of this subchapter, the commissioner may issue, administer and adopt orders regulating the marketing of any agricultural commodity or designated portion of that commodity. Before issuing a proposed market order or market agreement under…

Any market order or market agreement adopted by the commissioner may contain any or all of the following: [PL 1981, c. 154, §1 (NEW).] 1. Surplus. Provisions for determining the existence and extent of the surplus of any agricultural commodity, or of any grade, size or quality th…

The commissioner shall collect relevant information from the market place, both directly and from appropriate secondary sources. This information may include product prices, both wholesale and retail, taking into account quantity, packaging, quality, specific market and time of y…

The commissioner shall analyze and interpret relevant market information and shall develop a suitable means to distribute that information to Maine agricultural producers in cooperation with other state and federal agencies of like purpose, including the Cooperative Extension Ser…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 658, §1 (NEW).] 1. Agricultural enterprise. "Agricultural enterprise" means a person or business located in this State and engaged or beginning to eng…

1. Administration. The commissioner shall administer the Agricultural Marketing Loan Fund established under Title 10, section 1023‑J. 2. Conditions. Agricultural marketing loans are subject to the following conditions. A. An agricultural marketing loan for any project under this …

The commissioner may use all or a portion of the accrued interest in the cash balance of the Agricultural Marketing Loan Fund for grants for technical assistance and for grants from the Agricultural Development Fund in chapter 10.

Rules adopted pursuant to this subchapter are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A.

The commissioner may prescribe, in a manner consistent with the Maine Administrative Procedure Act, rules for carrying out this subchapter, including the fixing of fees to be charged any individual, firm or organization requesting an inspection pursuant to section 446 or receivin…

The Legislature finds that Maine agricultural producers have, in many cases, tended to focus on production, with less attention to marketing, including the adoption of and adherence to quality standards. Consistent high quality of Maine agricultural products is essential to the m…

There is established the Federal-State Inspection Fund, referred to in this section as the "fund." The fund receives all revenues collected by the Federal-State Inspection Service from conducting inspections and inspection-related work including but not limited to inspection fees…

The commissioner may establish and promulgate official grades and standards for farm products, excepting dairy products produced within the State for the purposes of sale, and may from time to time amend or modify such grades and standards. Before establishing, amending or modify…

The commissioner may determine or design brands, labels or trademarks for identifying farm products, sardines and, subject to the additional conditions of this section, other natural resource products and commodities, packed in accordance with such official grades and standards e…

1. Prohibition. Farm produce sold or offered for sale within the State may not be labeled or advertised as "native," "native-grown," "locally grown" or by a similar designation, unless that product was actually grown in the State. 2. Penalty. Violation of subsection 1 is a civil …

1. Registration of trademark. The Commissioner of Agriculture, Food and Rural Resources shall, before December 31, 1988, apply to the United States Patent and Trademark Office for registration for a certification trademark or trademarks consisting of a seal in the form of the out…

Upon the establishment of the grades or standards, brands, labels or trademarks, the commissioner shall give due publicity through the newspapers of the State, setting forth the grade or grades so established and the date on which such establishment is to become effective, and di…

1. Violation. After notice of the establishment of grades or standards and the determination of brands, labels or trademarks, a person may not use a brand, label or trademark to identify farm products and sardines as being of a grade established before a permit is granted or afte…

The commissioner or the commissioner's duly authorized agents may inspect any fruits, vegetables, poultry, eggs, farm products, livestock or other commodities that are marked, branded or labeled in accordance with official grades or standards established and adopted by the commis…

The commissioner, in person or by deputy, has free access at all reasonable hours to any building or other place wherein it is reasonably believed that farm products are marked, branded or labeled in accordance with official grades established and promulgated by the commissioner …

The commissioner shall, in conjunction with the Maine Agricultural Experiment Station, the Cooperative Extension Service and other public or private agencies, maintain a program of quality assurance by the diligent enforcement of all provisions of this Part which pertain to gradi…

The Legislature finds that agricultural production has a substantial and unique effect on the economy and way of life of the entire State. Large numbers of the people in the State are directly or indirectly dependent on agricultural production and related industries. It is of vit…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1981, c. 139 (NEW).] 1. Agent. "Agent" means any person who sells or distributes licensed commodities in commerce for or on behalf of producers or others and w…

The commissioner may, in a manner consistent with Title 5, chapter 375, adopt rules for carrying out this subchapter and establishing a list of commodities for which a person must have a license under section 454 to act as an agent, broker, dealer or processor.

A person may not act as agent, broker, dealer or processor unless duly licensed as provided in this subchapter. Before acting as a dealer, processor, broker or agent, a person shall file an application with the commissioner for a license to transact the business of a dealer, proc…

1. Application. The applicant shall file an application on forms as prescribed and furnished by the commissioner. These forms shall include the full name of the person applying for the license and, if the applicant is a corporation, partnership, association, exchange or legal rep…

The commissioner or the commissioner's duly authorized agent may investigate, upon the complaint of any interested person, or on the commissioner's or the agent's own motion, the conduct and activities of any person applying for or holding a license under this subchapter and, for…

1. Acts enumerated. The commissioner or the commissioner's duly authorized agent may refuse to grant a license, after notice and opportunity for a hearing is provided in a manner consistent with the Maine Administrative Procedure Act as to adjudicatory proceedings, upon a finding…

1. Producers. Producers are exempt from this subchapter when selling licensed commodities which they have grown, which they are presently growing or which they intend to grow. 2. Other persons. The commissioner, by rule, may provide an exemption from this subchapter for persons w…

If a licensee fails to make payment as provided in section 457, subsection 1, paragraph B, that licensee by reason of the nonpayment is in default as to all producers or licensees whose accounts then remain unpaid and the bond provided for must be forfeited to the extent of all s…

Any person who commits any of the actions specified in section 457, except in section 457, subsection 1, paragraph B, or otherwise fails, neglects or refuses to comply with the provisions of this subchapter or any rule promulgated hereunder is subject to the following civil penal…

A person may not manufacture, sell, distribute, transport, offer or expose for sale, distribution or transportation any article of commercial feeding stuff, commercial fertilizer or food that is adulterated or misbranded within the meaning of this chapter or chapter 103.

For the purpose of this chapter and chapter 103, unless the term is more specifically defined, "adulterated" means made impure or inferior by adding extraneous ingredients. Goods that are prepared in food establishments that are licensed facilities under Title 22, section 2167 an…

The term "misbranded" as used in this chapter or chapter 103 applies to all articles of commercial feeding stuff, commercial fertilizer or food, the package or label of which bears any statement, design or device regarding such article, or the ingredients or substances contained …

1. Violation. A person may not adulterate or misbrand, within the meaning of this chapter or chapter 103, any commercial feeding stuff, commercial fertilizer, food or vinegar or manufacture, sell, distribute, transport, offer or expose for sale, distribution or transportation any…

A person may not be prosecuted under chapter 401, and sections 482 to 488‑A, 490 and 640 to 643, when that person can establish proof of purchase, and a guaranty signed by the person residing in the United States from whom the purchase was made, to the effect that the article in …

1. Right of entry. For the purposes of administering and enforcing this subchapter, the commissioner and agents authorized by the commissioner have rights of access, ingress and egress at reasonable hours to any place or building where seeds, commercial feed, commercial fertilize…

This subchapter shall be known and may be cited as the "Uniform Hazardous Substances Labeling Act."

As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings. [PL 1979, c. 541, Pt. A, §46 (RPR).] 1. Commissioner. "Commissioner" means the Commissioner of Agriculture, Conservation and Forestry and the commissioner's …

The commissioner, when the commissioner considers it necessary in the administration of this subchapter, may require the submission of the names and amounts of any hazardous ingredients in any hazardous substance.