LD 1720
pg. 7
Page 6 of 13 An Act To Make Revisions to the Maine Revised Statutes Relating to Agriculture ... Page 8 of 13
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LR 3052
Item 1

 
adulterated or misbranded within the meaning of this Title chapter
or chapter 103.

 
Sec. 25. 7 MRSA §490 is enacted to read:

 
§490.__Sampling and analysis of seed, commercial feed,

 
commercial fertilizer and food

 
1.__Right of entry.__ For the purposes of administering and
enforcing this subchapter, the commissioner and agents authorized
by the commissioner have rights of access, ingress and egress at
reasonable hours to any place or building where seeds, commercial
feed, commercial fertilizer or food is sold or offered for sale
or where those items are stored, manufactured or transported
prior to sale or being offered for sale.

 
2.__Taking of samples.__For the purposes of administering and
enforcing this subchapter, the commissioner and agents authorized
by the commissioner may open any case, package or other container
of seeds, commercial feed, commercial fertilizer or food.__Upon
receipt of a written request for payment, the commissioner shall
pay the fair market value of any samples taken and retained or
destroyed.

 
3. Analysis and disclosure of test results.__The commissioner
may submit a sample obtained for the purposes of enforcing this
subchapter to a public or private laboratory for analysis.__The
commissioner shall make available to the public the results of
such an analysis, including the name of the person from whom the
sample was obtained, the name of the manufacturer of the sample
and additional information that the commissioner believes is
advisable.

 
4.__Issuance of certificate.__A certificate stating the
results of an analysis performed in accordance with this section
and signed by the director of the laboratory performing the
analysis is presumptive evidence of the facts stated in the
certificate.

 
Sec. 26. 7 MRSA §508, sub-§7, as enacted by PL 1965, c. 65, is
amended to read:

 
7. Reused food or drugs. The introduction To introduce or
delivery deliver for introduction into commerce, or the receipt
in commerce and subsequent delivery or proffered delivery for pay
or otherwise, of a hazardous substance in a reused food, drug or
cosmetic container or in a container which that, though not a
reused container, is identifiable as a food, drug or cosmetic
container by its labeling or other identification. The reuse of a
food, drug or cosmetic container as a container for a hazardous


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