LD 1720
pg. 2
Page 1 of 13 An Act To Make Revisions to the Maine Revised Statutes Relating to Agriculture ... Page 3 of 13
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LR 3052
Item 1

 
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.

 
Sec. 5. 7 MRSA §415, sub-§2, ¶B, as enacted by PL 1993, c. 138, §1, is
amended to read:

 
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.

 
Sec. 6. 7 MRSA §415, sub-§5 is enacted to read:

 
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.

 
Sec. 7. 7 MRSA §424, sub-§3, as enacted by PL 1981, c. 154, §1, is
amended to read:

 
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.

 
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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