Sec. 15. 7 MRSA §616, as repealed by PL 1989, c. 841, §2 and amended by c. 878, Pt. E, §15, is repealed.

Sec. 16. 7 MRSA §616-A, sub-§1, as enacted by PL 1989, c. 841, §3, is amended to read:

1. Informal hearing. When the staff of the board proposes that the board take action on a possible violation, the board shall notify the alleged violator before discussing the alleged violation. The alleged violator may choose to address the board and may also choose to be represented by legal counsel. This requirement does not constitute and is not subject to the same procedures as an adjudicatory hearing, as defined under the Maine Administrative Procedure Act.

Sec. 17. 7 MRSA §617, as amended by PL 1989, c. 878, Pt. E, §16, is further amended to read:

§617. Exemptions

1. Exemptions from penalties. The penalties provided for violations of section 606, subsection 1, paragraphs A, B, C, D and E shall do not apply to:

A. Any carrier while lawfully engaged in transporting a pesticide within this State, if such the carrier shall, upon request, permit permits the board to copy all records showing the transactions in and movement of the pesticides or devices;

B. Public officials of this State and the Federal Government while engaged in the performance of their official duties in administering state or federal pesticide laws or regulations;

C. The manufacturer, shipper or other distributor of a pesticide for experimental use only, provided that such person holds or is covered by a valid experimental use permit as provided for by section 608 or issued by EPA, and provided further that such the permit covers the conduct in question; or

D. Any person who ships a substance or mixture of substances being put through tests in which the purpose of which is only to determine its the value of the substance or mixture for pesticide purposes or to determine its toxicity