Title 7, Title 7

Each license issued consists of 2 parts: a certificate that must be displayed at each place of business of the arborist and a license card that must be carried by the arborist when occupied in a business capacity. [PL 1999, c. 84, §3 (NEW).] When the arborist conducts business at…

A license expires on December 31st or at another time designated by the commissioner and becomes invalid on that date unless renewed. [PL 1999, c. 84, §3 (NEW).] A license may be renewed up to 90 days after the date of expiration upon payment of a late fee of $10 in addition to t…

The department shall notify every person licensed under this subchapter of the date of expiration of that person's certificate and the fee required for its annual renewal. The notice must be mailed to the person's last known address at least 30 days in advance of the expiration o…

An application fee and an examination fee may be established by the department in amounts that are reasonable and necessary for their respective purposes. After an applicant is notified of the applicant's eligibility for a license following examination, the applicant shall submit…

If a nonresident applicant for a license holds a valid arborist license from another state or province, examination of the applicant may be waived by the department if the other state or province in which the applicant holds the license has qualification and examination requireme…

The department may suspend or revoke a license pursuant to Title 5, section 10004. In addition, the department may refuse to issue or renew or the District Court may suspend, revoke or refuse to renew a license on any of the following grounds: [PL 1999, c. 84, §3 (NEW); PL 1999, …

The Maine Arborist Advisory Council, as established in Title 5, section 12004-I, subsection 1-A and referred to in this section as the "council," advises the commissioner on the licensing and enforcement of arborists in the State. [PL 2001, c. 299, §8 (NEW).] 1. Membership; terms…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 785, §3 (NEW).] 1. Commissioner. "Commissioner" includes a designee of the Commissioner of Agriculture, Conservation and Forestry. 2. Greenhouse. "Greenh…

The commissioner shall appoint the State Horticulturist within the Department of Agriculture, Conservation and Forestry to carry out the provisions of this chapter.

1. Inspections of nurseries; sales prohibitions. Inspections of nurseries and sales prohibitions are as follows. A. The State Horticulturist or an assistant shall inspect nurseries as determined necessary by the State Horticulturist. Nurseries must be accessible at reasonable tim…

Nursery stock shipped into this State from any other state, province or country must bear a certificate on each package stating that the contents were inspected by an authorized inspecting officer and that the contents appear to be free from plant pests. The State Horticulturist …

A person, firm or corporation who owns, sells or transports nursery stock may not bring nursery stock into this State unless each package bears an unexpired official certificate of inspection that meets the requirements of section 2214.

Any violation of this chapter or rules adopted pursuant to section 2217 is a civil violation for which a forfeiture of not more than $500 may be adjudged.

The commissioner may adopt rules to implement this chapter.

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 548, §1 (NEW).] 1. Ginseng. "Ginseng" means any part of the plant known as Wild American Ginseng (Panax quinquefolius 1).

A person who cultivates ginseng for sale must be licensed by the department and shall pay an annual fee of $10. A person who buys ginseng for resale shall register annually with the department as a ginseng dealer and pay an annual fee of $25. The commissioner may issue a license …

The department shall establish a procedure for certifying cultivated ginseng for export to other states or countries. The department shall also require that records be maintained by anyone who harvests ginseng for sale or buys ginseng for resale. The department may charge fees to…

All fees collected under this chapter must be deposited in a nonlapsing dedicated fund to be used by the department to implement this chapter.

The department may adopt rules necessary to implement this chapter.

1. Records. Notwithstanding Title 1, chapter 13, ginseng license applications, the names and addresses of licensees and records required of licensees by the department pertaining to the location of ginseng plantings are confidential and may not be made available for public inspec…

1. Definition. 1-A. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Certified seed source" means a source of hemp seeds that are certified by a 3rd party as producing hemp having a delta‑9‑tetrahyd…

The commissioner, when the commissioner finds that there exists within the State, or in any other state, territory, district or part thereof any dangerous plant disease or insect infestation with reference to which the Secretary of Agriculture of the United States has not determi…

1. Civil violation. A person who violates a rule adopted pursuant to section 2301 commits a civil violation. 2. Penalty. Except as provided in subsection 3, the following penalties apply to violations of this section. A. A person who violates this section commits a civil violatio…

The Pest Control Compact is enacted into law and entered into with all other jurisdictions legally joining the compact in the form substantially as provided in this chapter.

The party states find that in the absence of the higher degree of cooperation among them possible under this compact, the annual loss of approximately $137,000,000,000 from the depredations of pests is virtually certain to continue, if not to increase. [PL 2005, c. 147, §1 (NEW).…

As used in this compact, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 147, §1 (NEW).] 1. Executive committee. "Executive committee" means the committee established pursuant to section 2316, subsection 5. 2. Governing board.…

The Pest Control Insurance Fund is established for the purpose of financing other than normal pest control operations that the states may be called upon to engage in pursuant to this compact. The insurance fund contains money appropriated to it by the party states and any donatio…

1. Governing board. The insurance fund is administered by a governing board and an executive committee as provided. The actions of the governing board and the executive committee pursuant to this compact are deemed the actions of the insurance fund. 2. Votes. The members of the g…

1. Administration. In each party state there is a compact administrator who is selected and serves in such a manner as the laws of the administrator's state provide and who shall: A. Assist in the coordination of activities pursuant to the compact in the administrator's state; an…

1. Efforts. Each party state pledges to each other party state that it will employ its best efforts to eradicate or control, within the strictest practicable limits, any and all pests. It is recognized that performance of this responsibility involves: A. Maintaining pest control …

The governing board may establish advisory and technical committees composed of state, local and federal officials and private persons to advise it with respect to any one or more of its functions. Any such advisory or technical committee or any member or members thereof may meet…

1. Application. A party state may make application for assistance from the insurance fund with respect to a pest in a nonparty state. The application must be considered and decided on by the governing board or executive committee in the same manner as an application with respect …

1. Budget. The governing board shall submit to the executive head or designated officer or officers of each party state a budget for the insurance fund for such a period as may be required by the laws of that party state for presentation to the legislature thereof. 2. Recommendat…

This compact enters into force when enacted into law by 5 or more states. Thereafter, this compact becomes effective, as to any other state, upon that state's enactment thereof. [PL 2005, c. 147, §1 (NEW).] Any party state may withdraw from this compact by enacting a statute repe…

This compact must be liberally construed so as to effectuate the purposes thereof. This compact is severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States, or the applicability …

Consistent with law and within available appropriations, the departments, agencies and officers of this State shall cooperate with the governing board of the Pest Control Insurance Fund established by the Pest Control Compact.

Pursuant to section 2315, subsection 8, copies of bylaws and amendments thereto must be filed with the Commissioner of Agriculture, Conservation and Forestry.

The compact administrator for this State is the Commissioner of Agriculture, Conservation and Forestry. The duties of the compact administrator are deemed a regular part of the duties of this office.

Within the meaning of section 2317, subsection 2 or section 2319, subsection 1, a request or application for assistance from the insurance fund may be made by the Governor whenever in the Governor's judgment the conditions qualifying this State for assistance exist and it would b…

The department, agency or officer expending or becoming liable for an expenditure on behalf of a control or eradication program undertaken or intensified pursuant to the compact must have credited to the appropriate account in the State Treasury the amount or amounts of any payme…

As used in the compact, with reference to this State, the term "executive head" means the Governor.

The Legislature finds that the potato industry contributes significantly to the social and economic well-being of the people of the State and that the control and eradication of pests and diseases which threaten the viability of the industry must remain a high priority in the for…

The commissioner may institute such pest control survey programs as the commissioner considers essential to the welfare of the industry. The commissioner may, in conjunction with the Maine Agricultural Experiment Station, and other public and private agencies, and in a manner con…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 609, §2 (NEW).] 1. Integrated pest management. "Integrated pest management" means the selection, integration and implementation of pest damage prevention…

1. Establishment; meetings. The Integrated Pest Management Council, referred to in this section as the "council," as established in Title 5, section 12004-G, subsection 3-C, is created within the department and is administered jointly by the department and the University of Maine…

There is created a dedicated, nonlapsing Integrated Pest Management Fund. The commissioner shall credit funds from any source to the Integrated Pest Management Fund for the purpose of developing and implementing integrated pest management programs. Appropriations from the General…