LD 1432
pg. 6
Page 5 of 7 PUBLIC Law Chapter 396 Page 7 of 7
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LR 1769
Item 1

 
In calculating the amount of packaged milk handled for sale in this
State during each fee period, the handler shall deduct from that
amount any packaged milk returned to the handler during that fee
period.

 
4.__Fee; additional.__The fee imposed and collected under this
chapter is in addition to any taxes imposed or collected under
any other law of the State.

 
5.__Records, reports and administration.__Every handler
subject to the fee imposed under subsection 1 shall register with
the assessor within 5 business days of becoming subject to the
fee on forms provided by the assessor.__The list of registered
handlers must be available to the public.__By the 25th day of
each calendar month, every handler subject to the fee imposed
under subsection 1 shall report to the assessor the quantity of
packaged milk handled in this State for sale in this State during
the preceding fee period, the quantity of packaged milk handled
that was subject to the milk handling fee and any other
information the assessor determines necessary or useful in the
administration of this chapter and enforcement of the milk
handling fee.__The assessor may share information with the Maine
Milk Commission in accordance with section 191, subsection 2,
paragraph DD.

 
6.__Due dates.__Handlers shall pay to the assessor the fee due
for the preceding fee period not later than the 25th day of each
calendar month and submit the information required by the
assessor on the forms provided.

 
7.__Presumption.__In a proceeding against a retail handler for
collection of the fee with respect to a particular container of
packaged milk, there is a rebuttable presumption that that retail
handler did not purchase that container in a transaction subject
to the minimum wholesale prices paid to dealers established
pursuant to Title 7, chapter 603.__The burden is on the retail
handler to show that the retail handler purchased that container
of packaged milk in a transaction subject to minimum wholesale
prices paid to dealers established pursuant to Title 7, chapter
603.

 
8.__General Fund.__The assessor shall immediately pay all
funds received from the milk handling fee to the Treasurer of
State to be deposited in the General Fund.__The funds may not be
dedicated to a particular purpose and may be used for all
purposes of State Government.


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