LD 1720
pg. 3
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LR 3052
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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.

 
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repealed and the following enacted in its place:

 
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repealed.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.


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