Title 10

A licensed public weighmaster may not enter on a weight certificate issued by the weighmaster any weight values except those the weighmaster has personally determined and may not make any entries on a weight certificate issued by some other person. A weight certificate must be so…

A licensed public weighmaster shall keep and preserve for at least one year, or for a longer period as may be specified in the regulations authorized to be issued for the enforcement of this chapter, a legible carbon copy of each weight certificate issued by that public weighmast…

Whenever in any other state which licenses public weighmasters, there is statutory authority for the recognition and acceptance of the weight certificates issued by licensed weighmasters of this State, the state sealer of this State is authorized to recognize and accept the weigh…

A person may not sell, offer or expose for sale less than the quantity the person represents, nor take any more than the quantity the person represents when, as buyer, the person furnishes the weight or measure by means of which the quantity is determined.

No person shall misrepresent the price of any commodity or service sold, offered, exposed or advertised for sale by weight, measure or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person.

1. Sales of commodities. Except as otherwise provided by the State Sealer, sales of commodities must comply with the following: A. Commodities in liquid form must be sold by liquid measure or by weight; [PL 2001, c. 491, §1 (NEW).] B. Commodities not in liquid form must be sold o…

A carrier transporting loose sawdust or wood shavings for final delivery to a destination where they will be used in the production of agricultural commodities shall conspicuously label the volume capacity of the vehicle in cubic feet or cords. For the purposes of this section a …

Whenever the quantity is determined by the seller, bulk sales in excess of $20 and all bulk deliveries of heating fuel shall be accompanied by a delivery ticket containing the following information: [PL 1973, c. 91, §10 (NEW).] 1. Name and address. The name and address of the ven…

Except as otherwise provided in this chapter or by regulations promulgated pursuant thereto, any package kept for the purpose of sale or offered or exposed for sale shall bear on the outside of the package a definite, plain and conspicuous declaration of: [PL 1973, c. 91, §10 (NE…

In addition to the declarations required by section 2625, any package being one of a lot containing random weights of the same commodity and bearing the total selling price of the package shall bear on the outside of the package a plain and conspicuous declaration of the price pe…

Whenever a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously associated with the retail price a declaration of quantity as is required by law or regulation to appear on the package. Where a dual declaration is re…

The methods, units, terms and other requirements for the sale of commodities, as adopted by the National Conference on Weights and Measures and published in the National Bureau of Standards, or as published in the National Institute of Standards and Technology, "Model State Metho…

The packaging and labeling requirements for consumer and nonconsumer packages, as adopted by the National Conference on Weights and Measures and published in the National Bureau of Standards, "Model State Packaging and Labeling Regulation," or in publications of the National Inst…

1. Aversive agent required. A person may not sell or offer to sell in this State any engine coolant or antifreeze that contains more than 10% ethylene glycol unless it includes denatonium benzoate at a minimum of 30 parts per million as a bittering agent within the product so as …

The engine fuel and automotive lubricants requirements, as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology uniform regulation "Uniform Engine Fuels and Automotive Lubricants Regulation," apply to any i…

The specifications, tolerances and other technical requirements for compliance testing of the net contents of packaged goods as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 133 (2016), "Che…

A person who violates this subchapter as it relates to the sale of firewood commits a civil violation for which a fine must be adjudged in an amount not less than $50 nor more than $2,000.

A person wishing to be registered as a dealer or repairer shall make application to the state sealer upon forms provided by the state sealer, furnishing such pertinent information as may be required, and each application must be accompanied by an annual fee of $25. Upon approval,…

A dealer or repairer who accepts weighing or measuring devices that have been condemned by the state sealer in trade for new or used weighing or measuring devices and that are intended to be dismantled or destroyed, upon receipt of the weighing or measuring devices, shall remove …

A dealer or repairer, within 10 days after the making of a repair, an adjustment or the sale and delivery of a new, repaired, rebuilt, exchanged or used weighing or measuring device, shall notify, in writing, the state sealer, giving the name and address of the person, firm, copa…

A dealer or repairer shall submit the dealer's or repairer's testing equipment at least once a year to the office of the state sealer for comparison and calibration with the standard maintained by the state sealer. After comparison and calibration, the state sealer shall issue to…

A repairer registered and otherwise regulated under this subchapter may test and calibrate retail vehicle tank metering devices for the delivery of petroleum products, as long as the state sealer has determined that the repairer is qualified, on the basis of the repairer's compet…

The state sealer is authorized to refuse to renew the certificate of any registered dealer or repairer when the state sealer is satisfied, after providing notice and opportunity for a hearing in a manner consistent with the Maine Administrative Procedure Act as to adjudicatory he…

1. Violation of subchapter; first and subsequent offenses. The following penalties apply to violations of this subchapter. A. A person who violates a provision of this subchapter commits a civil violation for which a fine of not more than $100 may be adjudged. [PL 2003, c. 452, P…

The Commissioner of Agriculture, Conservation and Forestry is authorized, after consultation with municipal authorities and representatives of industry, to hold a public hearing for the purpose of establishing fees of the state sealer and the sealers of weights and measures for t…

1. Payment for services rendered. A person, firm or corporation for whom scales, weights and measures or any weighing or measuring devices have been tested by a local sealer of weights and measures may not neglect or refuse to pay for the services rendered. 2. Penalties. The foll…

A person may not: [PL 1991, c. 650, §1 (AMD).] 1. Use or have in possession. Use or have in possession for use in commerce any incorrect weight or measure; 2. Remove tag, seal or mark. Remove any tag, seal or mark from any weight or measure without specific written authorization …

Except for any violation of subchapter 2‑A or a violation of subchapter 7‑A relating to the sale of firewood, the Commissioner of Agriculture, Conservation and Forestry, referred to in this section as "the commissioner," may assess administrative penalties, not to exceed $5,000, …

Before a final administrative penalty may be assessed against a person under section 2751‑A, the person must be given an opportunity for a hearing after reasonable notice. Notwithstanding any provision of Title 5, section 9052 to the contrary, the Commissioner of Agriculture, Con…

When a person requests a hearing in a timely fashion consistent with section 2751‑B, the Commissioner of Agriculture, Conservation and Forestry shall provide notice of and hold the hearing pursuant to Title 5, sections 9052 to 9064.

The following provisions apply to the collection and enforcement of administrative penalties assessed under section 2751‑A. [PL 2025, c. 193, §7 (NEW).] 1. Requirement to pay department. A person who is assessed a penalty pursuant to section 2751‑A is required to pay the Departme…

The Commissioner of Agriculture, Conservation and Forestry shall adopt rules to carry out the purposes of this subchapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

The District Court and the Superior Court shall have concurrent jurisdiction of prosecutions for all offenses against the laws pertaining to weights and measures.

The state sealer is authorized to apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any provision of this chapter or any rule promulgated pursuant to this chapter.

Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that such weight or measure or weighing or measuring device is regularly u…

The adoption of this Act or any of its provisions shall not affect any regulations promulgated pursuant to the authority of any earlier enabling statute unless inconsistent with this Act or modified or revoked by the state sealer.

Whoever performs labor or furnishes labor or wood for manufacturing and burning bricks has a lien on such bricks for such labor and wood for 30 days after the same are burned, suitable for use, provided said bricks remain in the yard where burnt. Such lien shall take precedence o…

A person who performs labor or furnishes labor or materials, including repair parts of machines used, or performs services as a surveyor, an architect, a forester licensed under Title 32, chapter 76 or an engineer, or as a real estate licensee, or as an owner-renter, owner-lessor…

If the labor, materials or services were not furnished by a contract with the owner of the property affected, the owner may prevent a lien under section 3251 for labor, materials or services not then performed or furnished, by giving written notice to the person performing or fur…

1. Filing of claim. The lien under section 3252 is dissolved unless the claimant, within 90 days after ceasing to labor, furnish materials or perform services: A. Files in the office of the register of deeds in the county or registry district in which the building, wharf or pier …

An inaccuracy in the statement under section 3253 relating to the property, if the property can be reasonably recognized, or in stating the amount due for labor, materials or services does not invalidate the proceedings, unless it appears that the person making it willfully claim…

1. Enforcement by action. The liens mentioned in sections 3251 to 3254 may be preserved and enforced by action against the debtor and owner of the property affected and all other parties interested therein, filed with the Superior Court or District Court clerk in the county or di…

When the owner dies, the owner is adjudicated a bankrupt or a warrant in insolvency issues against the owner's estate within the 120 days and before the commencement of an action, the action may be commenced within 90 days after such adjudication, or after notice given of the ele…

The complaint shall state that the plaintiff claims a lien on the house, building or appurtenances, or on the wharf, pier or building thereon, as the case may be, described therein, and the land on which it stands, for labor or services performed or for labor, materials or servic…

The court shall determine the amount for which each lienor has a lien upon the property by jury trial, if either party so requests in complaint or answer; otherwise in such manner as the court shall direct. Such determination shall be conclusive as to the fact and amount of the l…

If it is determined that the parties or any of them, claiming a lien, have a lien upon said building and land or upon said wharf, pier, building and land, the court may decree that said property, or such interest in it as is subject to the liens or any of them, shall be sold, and…