LD 1720
pg. 3
Page 2 of 13 An Act To Make Revisions to the Maine Revised Statutes Relating to Agriculture ... Page 4 of 13
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LR 3052
Item 1

 
5.__Prohibition on sale; mandatory inspection.__Provisions
prohibiting a producer of an agricultural commodity to which a
market order or market agreement applies from selling, offering
for sale or delivering a commodity not meeting and complying with
standards established pursuant to subsection 4.__A provision for
mandatory inspection under a market order must be indicated in
the market order and specifically included in the referendum
proposal under section 425, subsection 2;

 
Sec. 9. 7 MRSA §443-A, sub-§3, as enacted by PL 1995, c. 294, §1, is
repealed.

 
Sec. 10. 7 MRSA §443-A, 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 farm
produce for the purpose of enforcing this section.__Failure to
provide written documentation or other reasonable proof upon
request as to the origin of the produce offered for sale is prima
facie evidence that a person is in violation of this section.

 
Sec. 11. 7 MRSA §452, sub-§7, as enacted by PL 1981, c. 139, is
amended to read:

 
7. Licensed commodities. "Licensed commodities" means dry
beans and other vegetables listed in rules established pursuant
to section 453, but does not mean potatoes, which are governed by
chapter 103, subchapter X 10, article 3.

 
Sec. 12. 7 MRSA §453, first ¶, as enacted by PL 1981, c. 139, is
amended to read:

 
The commissioner may, in a manner consistent with the Maine
Administrative Procedure Act, Title 5, chapter 375, adopt rules
for carrying out this subchapter and establishing a list of
commodities for which a person must have a license under section
454 to act as an agent, broker, dealer or processor.

 
Sec. 13. 7 MRSA §454, as enacted by PL 1981, c. 139, is amended to
read:

 
§454. Licensing required

 
No A person may not act as agent, broker, dealer or processor
unless duly licensed as provided in this subchapter. Every
person, before Before acting as a dealer, processor, broker or
agent, a person shall file an application with the commissioner
for a license to transact the business of a dealer, processor,
broker or agent and the application shall must be accompanied by
the license fee provided in this subchapter.


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