HP0514, LD 718, item 1, An Act Regarding the Milk Handling Fee

An Act Regarding the Milk Handling Fee

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 36 MRSA §4901, sub-§3, as enacted by PL 2005, c. 396, §8, is amended to read:

3. Handler. "Handler," with respect to a particular container of packaged milk, means the wholesale handler or, if none, the producer-handler or the retail handler. If more than one wholesale handler handles a particular container of packaged milk in this State, "handler" means the wholesale handler that first handles a particular container of packaged milk.

Sec. 2. 36 MRSA §4902, sub-§1, as amended by PL 2007, c. 240, Pt. PPP, §1 and c. 269, §1, is further amended to read:

1. Fee. Upon notification by the Maine Milk Commission in accordance with Title 7, section 2954, subsection 16, the assessor shall levy and impose a fee at the rate established in subsection 2-A on the handling in this State of packaged milk for sale in this State. With respect to the handling in this State of a particular container of packaged milk for sale in this State, the fee must be paid by the handler , but in no event may a container of packaged milk for sale in this State be subject to more than one handling fee. There is no fee on the handling in this State of packaged milk for sale in containers of less than one quart or more than 20 or more quarts in volume, or packaged milk that is sold to an institution that is owned and operated by the State or the Federal Government.

Sec. 3. 36 MRSA §4903 is enacted to read:

§ 4903. Credit for fee paid for packaged milk

1. Credit allowed. A handler or its designee may claim a credit for a fee paid pursuant to this chapter with respect to packaged milk that:

A. Was not sold for consumption at a place of business within this State; or

B. Was not subject to the minimum retail sale prices established pursuant to Title 7, chapter 603.

2. Claim for credit. A handler or its designee claiming a credit under subsection 1 must file a claim with the assessor. The credit must be claimed on the report required under section 4902, subsection 5.

SUMMARY

This bill allows only one milk handling fee to be assessed on any particular container of packaged milk and imposes a handling fee on 20-quart containers of packaged milk, which formerly were exempt from handling fees. If more than one wholesale handler handles a particular container of packaged milk in this State, for purposes of collection of the fee, the handler is the wholesale handler that first handles the milk. This bill provides credits to milk handlers or their designees for any fee paid pursuant to the law governing milk handling fees with respect to any packaged milk that is sold or shipped outside this State.

HP0514 LD 718	First Regular Session - 125th Maine Legislature		LR 1115 Item 1
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