An Act To Allow Certain Wholesale Seafood Dealers To Process Imported Lobsters
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine lobster processing season begins on or about May 1st; and
Whereas, that Maine wholesale seafood licensees with lobster permits are currently not allowed to perform certain activities puts them at a competitive disadvantage in relation to Canadian lobster processors and impairs their ability to open new markets for Maine lobster and to create new job opportunities for Maine workers; and
Whereas, this legislation eliminates the restrictions and it is important that this legislation take effect immediately so that business in this State is improved in the upcoming lobster season; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 12 MRSA §6431, sub-§6, as repealed and replaced by PL 1987, c. 513, §4, is amended to read:
Sec. 2. 12 MRSA §6431, sub-§6-B is enacted to read:
Lobster tails processed under this subsection may not be offered for sale within this State in the wholesale or retail trade. Lobster meat processed from the claws and knuckles may be sold within this State in the wholesale or retail trade.
The commissioner may adopt or amend rules to prescribe the time, manner and method of sealing containers for the effective operation of this subsection. The rules may include a requirement for a permit and provisions for inspection that establish a chain of custody that ensures that the lobsters were not harvested or landed in this State. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 3. 12 MRSA §6851-B, sub-§2, ¶B, as enacted by PL 2009, c. 523, §9, is amended to read:
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
SUMMARY
Current law allows wholesale seafood dealers with a lobster permit to import, handle and transport lobsters that do not meet minimum or maximum length requirements. This bill allows those permit holders who also hold a lobster processing license to process those legally imported lobsters as long as the lobsters were not landed in this State and, except for the claws and knuckles, are not later sold in this State.