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information to enable Maine farmers to make wise short-term and | long-term production decisions; to establish standards for proper | storage, packing and grading of agricultural products; and to | create adequate enforceable programs for quality assurance as well | as for the effective coordination of promotion and advertising | efforts. In order to ensure that these responsibilities are | fulfilled, the Legislature finds it necessary to provide state | assistance to agricultural marketing and promotion. |
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| | Sec. 5. 7 MRSA §415, sub-§2, ¶B, as enacted by PL 1993, c. 138, §1, is | amended to read: |
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| B. A person may not sell farm and food products at a market | labeled "farmers' market" unless at least 75% of the product | offered by that person was grown or processed by that person | or under that person's direction. A product not grown or | processed by that person must have been grown or processed | by and purchased directly from another farmer. |
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| | Sec. 6. 7 MRSA §415, sub-§5 is enacted to read: |
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| | 5.__Enforcement; prima facie evidence.__The commissioner or an | agent of the commissioner may request proof of the origin of a | product for the purpose of enforcing this section.__Failure to | provide written documentation or other reasonable proof upon | request as to the origin of the products offered for sale at a | farmers' market is prima facie evidence that a person is in | violation of this section. |
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| | Sec. 7. 7 MRSA §424, sub-§3, as enacted by PL 1981, c. 154, §1, is | amended to read: |
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| | 3. Enforcement. The commissioner may institute such | investigations, hold such hearings, require such reports, | subpoena such records and persons and take such other actions as | he that the commissioner finds necessary to implement this | subchapter. The commissioner may institute such action at law or | in equity as may appear necessary to enforce compliance with any | provision of this subchapter, or any rule, market agreement or | order, committed to his the commissioner's administration under | this subchapter. In addition to any other remedy under this | subchapter or otherwise, the commissioner may apply for relief by | injunction to protect the public interest without being compelled | to allege or prove that an adequate remedy at law does not exist | and without being compelled to post bond. |
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| | Sec. 8. 7 MRSA §426, sub-§5, as enacted by PL 1981, c. 154, §1, is | repealed and the following enacted in its place: |
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