LD 1720
pg. 5
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LR 3052
Item 1

 
Sec. 15. 7 MRSA §459, first ¶, as enacted by PL 1981, c. 139, is
amended to read:

 
If any a licensee fails to make such payment as provided in
section 457, subsection 1, paragraph B, that licensee, by reason
of the nonpayment is in default as to all producers or licensees
whose accounts then remain unpaid and the bond provided for shall
must be forfeited to the extent of all sums then due from the
licensee to the producers or licensees. Whenever the commissioner
determines that a licensee has failed to make payment, he the
commissioner shall provide notice, in a manner consistent with
the rule-making provisions of the Maine Administrative Procedure
Act, provide notice that payment under the bond will be sought
and indicating the time within which other producer or licensee
claims may be made known to him the commissioner. Upon
determination of the commissioner that there has been a default
in payment by a licensee, the conditions of the bond shall be are
deemed to be broken and the commissioner may bring action on the
defaulted bond for the benefit of producers or licensees.
Whenever the amount of the bond is not sufficient to cover all
valid claims, the commissioner shall distribute the amount
available on a pro rata basis.

 
Sec. 16. 7 MRSA §481 is repealed.

 
Sec. 17. 7 MRSA §482, first ¶ is amended to read:

 
No A person shall may not manufacture, sell, distribute,
transport, offer or expose for sale, distribution or
transportation any article of commercial feeding stuff,
commercial fertilizer, drug or food which that is adulterated or
misbranded within the meaning of this Title chapter or chapter
103.

 
Sec. 18. 7 MRSA §483 is amended to read:

 
§483. Adulteration

 
For the purpose of this Title an article shall be deemed to be
adulterated chapter and chapter 103, unless the term is more
specifically defined, "adulterated" means made impure or inferior
by adding extraneous ingredients:.

 
1. Drug. In case of a drug:

 
A. If, when a drug is sold under or by a name recognized in the
United States pharmacopoeia or national formulary, it differs
from the standard of strength, quality or purity as laid down in
the United States pharmacopoeia or national formulary official at
the time of investigation, or as fixed


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