Title 7, Title 7

Honeybees or used honeybee equipment shipped or moved from any other state or country into this State must be accompanied by a permit issued by the Department of Agriculture, Conservation and Forestry. The department shall issue a permit for the importation of honeybees or used h…

Application forms shall be supplied by the department upon request and the following information must be supplied by the applicant: [PL 1985, c. 572 (NEW).] 1. Number of hives or boxes. The number of hives or the number of boxes containing comb, or both, to be moved; 2. Place of …

No honeybees or used honeybee equipment may be shipped into the State without a health certificate signed by a legally authorized inspector at the point of shipment indicating that they are free from regulated contagious or infectious diseases and parasites based on actual inspec…

A registration fee not to exceed $2 per colony for all bees to be shipped or moved into the State must be forwarded to the commissioner for deposit with the Treasurer of State. Fees must be established by rule in accordance with the Maine Administrative Procedure Act. The fees ac…

The commissioner shall adopt rules to designate the diseases and parasites to be regulated in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375. All honeybees infected with the disease known as American Foulbrood, European Foulbrood or other regulated h…

It is unlawful for any person to knowingly own or possess honeybees having any contagious or infectious disease or parasite or bee equipment and appliances contaminated by any such disease or parasite. It is unlawful to sell, barter or give away bees, equipment or appliances from…

The State Apiarist and part-time bee inspectors employed by the commissioner shall make such inspections of the apiaries or hive locations throughout the State as the commissioner deems necessary to determine the presence of regulated honeybee diseases or parasites of an infectio…

The commissioner may employ one or more persons qualified by experience and knowledge in beekeeping and detection of bee diseases as part-time inspectors of apiaries, to assist the State Apiarist.

The State Apiarist may not own more than 50 colonies of honeybees. Any part-time bee inspector may not own more than 100 colonies of honeybees.

Qualified part-time bee inspectors shall be employed on a per diem basis and shall receive necessary traveling expenses while actually engaged in the performance of their duties. A part-time bee inspector shall serve during the pleasure of the commissioner.

Inspectors may enter, at all reasonable times, upon the premises of any keeper of bees or hive locations and make the examination of such bees, equipment and appliances found on the premises as the inspector considers necessary to determine the presence of contagious or infectiou…

Any inspector shall, within 30 days after examination, issue certificates that honeybee equipment and appliances are apparently free from regulated disease and parasites or contamination, if so found. The certificates shall be filed as follows: One copy to the commissioner; one c…

No person may enter upon the land of another for the purpose of capturing, destroying or interfering with a colony or swarm of honeybees or removing honey, except by the consent of the owner of the land. Violation of any of this section is a civil violation for which a forfeiture…

Any licensed beekeeper or a licensed beekeeper's designee may obtain a permit from the Commissioner of Inland Fisheries and Wildlife or the commissioner's agents to protect hives from damage by bears.

The commissioner shall adopt rules to enforce this Part in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375.

1. Civil violation. A person commits a civil violation if that person violates: A. Chapter 521; [PL 2003, c. 452, Pt. B, §17 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Chapter 523; or [PL 2003, c. 452, Pt. B, §17 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. Chapter 527. [PL 200…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1999, c. 679, Pt. A, §1 (NEW).] 1. Aseptically processed and packaged. "Aseptically processed and packaged" means hermetically sealed in a container and thermally…

Notwithstanding any other requirements of this chapter, milk and milk products, defined in accordance with standards then in effect that have been adopted by the United States Government and labeled in conformity with labeling requirements then in effect that have been adopted by…

The department shall adopt rules permitting the use of the certification trademark provided for in section 443-B on milk or milk products. The initial rules must include limitations relating to the use of milk from cows that have been treated with recombinant bovine somatotropin,…

A person required to obtain a permit or license under this section, section 2902-A or rules adopted under section 2910 or pursuant to former section 2902 may not sell, transport or transfer milk or milk products prior to obtaining the appropriate license or permit. [PL 1999, c. 6…

1. Sale prohibited. Following the adoption of and in accordance with rules established according to this section, no operator of a dairy farm may sell any milk to a milk distributor unless the operator holds a valid operating permit for the farm issued by the commissioner. 2. Iss…

1. Sale of unpasteurized milk or milk product. A person may not sell unpasteurized milk or a product made from unpasteurized milk, including heat-treated cheese, unless the label on that product contains the words "not pasteurized." 2. Sale of unpasteurized milk or milk product a…

1. Notice of refusal. A milk plant owner or operator who has a verbal or written contract with a milk producer for the purchase of milk may not refuse to continue to purchase milk under the contract without first giving notice to the producer in accordance with this section. The …

The commissioner shall develop a process for obtaining and testing a sample of milk when a milk producer disputes the result of a test or a component analysis performed by an employee of a milk plant that is used to determine acceptance of milk by the milk plant or payment to the…

The district attorney for the county in which any violation of sections 2901‑A to 2903‑B has occurred shall, if requested, assist the commissioner in suits arising under those sections.

The District Court and the Superior Court have concurrent jurisdiction in cases arising under sections 2901‑A to 2903‑B.

1. Violation. A firm, person, corporation or society may not sell milk or milk products in the State without the license or permits provided in sections 2901‑C and 2902‑A, violate sections 2901‑A to 2903‑B or neglect, fail or refuse to comply with those sections and the rules, re…

The commissioner, or a duly authorized agent of the commissioner, may perform inspections as authorized by written consents obtained pursuant to section 2901-B.

The commissioner, in a manner consistent with the Maine Administrative Procedure Act, shall establish standards by rule for the inspection and examination, licensing, permitting, testing, labeling and sanitation of milk and milk product production and distribution. [PL 1999, c. 3…

In addition to any other remedy for the enforcement of sections 2901‑C to 2903‑B or a rule, order or decision by the commissioner adopted or issued pursuant to this chapter, the commissioner is authorized to apply to the Superior Court for a preliminary or permanent injunction re…

The commissioner shall administer the Dairy Improvement Fund established under Title 10, section 1023‑P in accordance with this section and Title 10, section 1023‑P. All money received by the fund from any source, including revenue distributed under Title 8, section 1036, subsect…

As used in this chapter, unless the context otherwise requires, the following words shall have the following meaning: 1. Books and records. "Books and records" means books, records, accounts, memoranda or other data pertaining to the purchase and distribution of milk. 2. Commissi…

1. Members. The Maine Milk Commission, as established by Title 5, section 12004-E, subsection 2, consists of the following 5 members: A. The commissioner or the commissioner's designee, ex officio; and [PL 2005, c. 382, Pt. F, §3 (NEW).] B. Four members, who must be residents of …

1. Powers; general. The commission may: A. Establish and change the minimum wholesale and retail prices for the sale of milk within the State; [PL 2005, c. 382, Pt. F, §4 (NEW).] B. Adopt and enforce all rules and orders necessary to carry out this chapter; and [PL 2005, c. 382, …

The commissions shall have power to enter into compacts, subject to congressional approval, with legally constituted milk commissions or similar authorities of other states or of the United States of America to effect a uniformity in regulating and insuring an adequate supply of …

At least 14 days and not more than 21 days prior to designating a new or expanded natural market area, the commission shall hold a public hearing in the proposed area to determine whether to designate that area as a market. As a basis for its determinations, the commission shall …

1. Commission empowered to establish prices; public hearing. The commission is vested with the power to establish and change, after investigation and public hearing, the minimum wholesale and retail prices to be paid to producers, dealers and stores for milk received, purchased, …

Payment by dealers to producers is governed by this section. For purposes of this section, the term "delivery month" means the calendar month in which milk is delivered to a dealer from the producer. [PL 2005, c. 382, Pt. F, §16 (NEW).] 1. First 15 days. On or before the 5th day …

1. Study commission. The Legislature directs that a study be undertaken as outlined in this section for the purpose of analyzing the situation of the Maine dairy industry under current milk pricing legislation and of analyzing the options for ensuring the long-term stability of t…

The provisions of this chapter which apply to dealers, including, but not limited to, the provisions of section 2956, 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 …

A dealer may not buy milk from producers or others for sale or process, distribute, sell or offer to sell milk in any market in the State designated by the commission unless duly licensed by the commission. A license may not be required of any person who produces or sells milk fo…

All dealers in any market designated by the commission shall keep the following records: [PL 1975, c. 517, §5 (RPR).] 1. Names and addresses of producers or milk dealers. A record of the quantity of all milk received or produced, detailed as to location and as to names and addres…

1. Fund established; source. The Dairy Industry Fund, referred to in this section as the "fund," is established. In addition to payments to the commission pursuant to section 2956, a dealer shall deduct 1¢ per hundredweight from amounts paid by the dealer to each Maine milk produ…

Moneys received through this chapter shall be paid forthwith to the Treasurer of State and shall be appropriated and used for the following purposes: 1. Collection. For the collection of all fees and assessments provided for by this chapter; 2. Administration. For the cost of adm…

1. Injunction. In addition to any other remedy set forth in this chapter for the enforcement of this chapter or any rule, order or decision of the commission, the Superior Court has jurisdiction upon complaint filed by the commission, or any person duly authorized to act for the …

When the commission, after such investigation as it considers appropriate, believes that a violation of this chapter or of any rule, order or decision of the commission has occurred, it may order any person to cease that violation. Before issuing such an order, the commission sha…