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| 3.__Application.__This subchapter may not be construed as | | requiring the commissioner or the commissioner's agent to bring | | suit or institute seizure proceedings as a result of minor | | violations of this subchapter when the commissioner believes that | | the public interest will be best served by a suitable notice of | | warning in writing. |
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| | | Sec. B-13. 7 MRSA §1034-A, sub-§1, as enacted by PL 1989, c. 459, §3, | | is amended to read: |
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| | | 1. Rules. The commissioner shall adopt rules in accordance | with the Maine Administrative Procedure Act, | 375, | | program participation, identification of the varieties of | | potatoes eligible for inclusion in the potato variety labeling | | program, requirements of the inspection of potatoes in the | program and appropriate methods of labeling. No | | be adopted that requires the inspection of potatoes labeled by | | variety when the packer is not a participant in the potato | | variety labeling program. |
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| | | Sec. B-14. 7 MRSA §1034-A, sub-§3, as enacted by PL 1989, c. 459, §3, | | is repealed and the following enacted in its place: |
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| | | 3. Violation.__A participant in the potato variety labeling | | program may not pack potatoes in a bag labeled with the name of a | | different potato variety.__For the purposes of this subsection, | | each load of potatoes constitutes a separate violation. |
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| | | Sec. B-15. 7 MRSA §1034-A, sub-§5 is enacted to read: |
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| | | 5.__Penalties.__The following penalties apply to violations of | | this section. |
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| | | A.__A person who violates subsection 3 commits a civil | | violation for which a fine of not more than $1,000 may be | | adjudged. |
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| | | B.__A person who violates subsection 3 after having | | previously violated subsection 3 commits a civil violation | | for which a fine of not more than $2,000 may be adjudged. |
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| | | Sec. B-16. 7 MRSA §1706, as repealed and replaced by PL 2001, c. | | 572, §24, is repealed and the following enacted in its place: |
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