LD 1426
pg. 2
Page 1 of 3 An Act To Amend Certain Milk and Milk Products Laws Page 3 of 3
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LR 311
Item 1

 
§2906. Civil suits

 
The district attorney for the county in which any violation of
sections 2901-A to 2904-A 2903-B has occurred shall, if
requested, assist the commissioner in suits arising under those
sections.

 
Sec. 7. 7 MRSA §2907, as amended by PL 1999, c. 679, Pt. A, §10, is
further amended to read:

 
§2907. Jurisdiction

 
The District Court and the Superior Court have concurrent
jurisdiction in cases arising under sections 2901-A to 2904-A
2903-B.

 
Sec. 8. 7 MRSA §2908-A, sub-§1, as enacted by PL 2003, c. 452, Pt. B,
§20 and affected by Pt. X, §2, is amended to read:

 
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 2904-A 2903-B or neglect, fail or refuse to comply with
those sections and the rules, regulations and standards of
identity and quality issued pursuant to section 2910.

 
Sec. 9. 7 MRSA §2910-A, as enacted by PL 1999, c. 679, Pt. A, §13,
is amended to read:

 
§2910-A. Injunctions by commissioner

 
In addition to any other remedy for the enforcement of
sections 2901-C to 2904-A 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 restraining any person from
violating any provision of sections 2901-C to 2904-A 2903-B or
any rule, order or decision of the commissioner adopted or issued
pursuant to this chapter. The Superior Court has jurisdiction
upon hearing and for good cause shown to grant a preliminary or
permanent injunction. In case of violation of an injunction
issued under this section, the court may cite the person for
contempt of court. The existence of either civil or criminal
remedies is not a defense in this proceeding. The commissioner
is not required to give or post a bond when making an application
for an injunction under this section.


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