CHAPTER 454
H.P. 714 - L.D. 978
An Act to Improve the Efficiency of the Department of Agriculture, Food and Rural Resources
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §714, sub-§1, as amended by PL 1993, c. 410, Pt. S, §3, is further amended to read:
1. Application for registration. A person may not distribute in this State a commercial feed, except a customer-formula feed, that has not been registered pursuant to this section. The application for registration must be submitted in the manner prescribed by the commissioner on forms furnished by the commissioner, and accompanied by a an annual fee of $40 per brand for pet food and $30 per brand for all other commercial feed. Upon approval by the commissioner the registration must be issued to the applicant. All registrations expire on the 31st day of December of each year. The commissioner may issue a registration for a one-year, 2-year or 3-year period. Registrations for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year registration is 2 times the annual fee. The fee for a 3-year registration is 3 times the annual fee.
Sec. 2. 7 MRSA §743, first ¶, as amended by PL 1989, c. 888, §2, is further amended to read:
Each brand and grade of commercial fertilizer shall must be registered before being offered for sale, sold or distributed in this State. The application for registration shall must be submitted to the commissioner on forms furnished by the commissioner and shall must be accompanied by a an annual fee of $14 per plant food element guaranteed. All registrations expire on December 31st of each year or in a manner consistent with the provisions as to license expiration of the Maine Administrative Procedure Act, Title 5, section 10002, whichever is later. The commissioner may issue a registration for a one-year, 2-year or 3-year period. Registrations for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year registration is 2 times the annual fee. The fee for a 3-year registration is 3 times the annual fee. The commissioner may suspend, cancel or refuse to renew, suspend or cancel registration for failure to comply with this subchapter or with regulations rules adopted pursuant hereto to this subchapter. This refusal, suspension or cancellation shall be is considered rule-making as that term is defined in the Maine Administrative Procedure Act, Title 5, chapter 375 and notice and opportunity for a hearing shall must be provided in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375. The application shall must include the following information:
Sec. 3. 7 MRSA §1044-A, sub-§2, as enacted by PL 1979, c. 672, Pt. A, §25, is amended to read:
2. Seed labeling license. No person, firm or corporation may label agricultural, vegetable and tree and shrub seeds, except seed potatoes, for planting purposes for distribution or sale in this State without having obtained a seed labeling license. The seed labeling licensee shall be is responsible for the accuracy of the seed contents of all packages, boxes and bags of seeds labeled by him the licensee. The fee for a seed labeling license is $30 annually. A license may be issued for a one-year, 2-year or 3-year period. Licenses for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year license is 2 times the annual fee. The fee for a 3-year license is 3 times the annual fee.
Sec. 4. 7 MRSA §2222, as enacted by PL 1993, c. 548, §1, is amended to read:
§2222. Permit and registration
A person who cultivates ginseng for sale must be licensed by the department and shall pay an annual fee of $10. A person who buys ginseng for resale shall register annually with the department as a ginseng dealer and pay an annual fee of $25. The commissioner may issue a license for a one-year, 2-year or 3-year period. Licenses for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year license is 2 times the annual fee. The fee for a 3-year license is 3 times the annual fee.
Sec. 5. 10 MRSA §2412, sub-§1, as enacted by PL 1991, c. 712, §3 and affected by §5, is amended to read:
1. Certificate of registration. The state sealer shall provide application forms and shall issue a certificate of registration upon receipt of a completed application accompanied by a an annual fee of $8 per dispensing nozzle. A certificate of registration expires annually on December 31st. The state sealer may issue a registration for a one-year, 2-year or 3-year period. Registrations for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year registration is 2 times the annual fee. The fee for a 3-year registration is 3 times the annual fee.
Sec. 6. 10 MRSA §2501, as amended by PL 1989, c. 888, §5, is further amended to read:
Any person wishing to be a licensed public weighmaster shall make application to the state sealer upon forms provided by the state sealer, and each application shall must be accompanied by a an annual fee of $25. Upon receipt of application and the state sealer's satisfaction that the applicant is of good moral character and has the ability to weigh accurately and to make correct weight certificates and passing such oral or written examination as the state sealer may determine and upon making oath to execute the requisite duties satisfactorily shall must be granted a license as a public weighmaster. Each license shall expire expires on December 31st of each year or in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375, whichever is later, unless sooner revoked or suspended under section 2506. Each licensed public weighmaster shall, at the public weighmaster's own expense, procure an impression seal. The public weighmaster's name and the word "Maine" shall must be inscribed around the outer margin of the seal and the words "licensed public weighmaster" shall must appear in the center thereof of the seal. The seal shall must be impressed upon each weight certificate issued by a licensed public weighmaster. A license may be issued for a one-year, 2-year or 3-year period. Licenses for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year license is 2 times the annual fee. The fee for a 3-year license is 3 times the annual fee.
Sec. 7. 10 MRSA §2651, as amended by PL 1989, c. 888, §6, is further amended to read:
§2651. Registration; certificates
Any person wishing to be registered as a dealer or repairman shall make application to the state sealer upon forms provided by the state sealer, furnishing such pertinent information as may be required and each application shall must be accompanied by a an annual fee of $25. Upon approval, the state sealer shall issue to the applicant a registration certificate which shall expire that expires on December 31st, or in the manner provided in the Maine Administrative Procedure Act, Title 5, chapter 375, whichever is later, unless sooner suspended or revoked under section 2655. A registration may be issued for a one-year, 2-year or 3-year period. Registrations for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year registration is 2 times the annual fee. The fee for a 3-year registration is 3 times the annual fee.
Sec. 8. 22 MRSA §1471-D, sub-§6, as amended by PL 1983, c. 819, Pt. A, §46, is further amended to read:
6. Renewal. Certification of Licenses for commercial applicators, government pesticide supervisors, spotters, monitors, spray contracting firms and licenses of, pesticide dealers shall be valid for one year from the date of issuance. Certification of and private applicators shall be are valid for such period as prescribed by the board by regulation rule. Application for renewal shall must be accompanied by such reasonable fee as the board may by regulation rule require. The board may, by regulation rule, require that such renewal application include reexamination or other procedures designed to assure a continuing level of competence to distribute, use or supervise the use of pesticides safely and properly.
If the board fails to renew a license upon application of the licensee or certificate holder, it shall afford the licensee or certificate holder an opportunity for a hearing in conformity with Title 5, chapter 375, subchapter IV.
Sec. 9. 22 MRSA §1471-W, sub-§2, as enacted by 1989, c. 93, §2, is amended to read:
2. Issuance of license. The Board of Pesticides Control shall issue a license to distribute general use pesticides to any person upon payment of a fee of $20 for a calendar year or any part of a calendar year. The Board of Pesticide Control may issue a license for a one-year, 2-year or 3-year period. Licenses for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year license is 2 times the annual fee. The fee for a 3-year license is 3 times the annual fee. Any person licensed to distribute restricted use pesticides shall be is considered licensed to distribute general use pesticides without any additional fee. All fees collected under this section shall be are deposited in the Board of Pesticides Control Special Fund.
Sec. 10. 22 MRSA §2168, sub-§§1 and 2, as enacted by PL 1989, c. 888, §7, are amended to read:
1. Application and renewal. Each application for, or renewal of, a license to operate a food establishment must be accompanied by a fee, based on the number of employees as follows:
A. For 0 to 10 employees, $10 annually;
B. For 11 to 25 employees, $30 annually; and
C. For 26 or more employees, $100 annually.
A license may be issued for a one-year, 2-year or 3-year period. Licenses for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year license is 2 times the annual fee. The fee for a 3-year license is 3 times the annual fee.
2. Food salvage. Each application for, or renewal of, a license to operate a food salvage establishment or to act as a salvage broker must be accompanied by a fee, not to exceed $30 annually, determined by the commissioner. A license may be issued for a one-year, 2-year or 3-year period. Licenses for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year license is 2 times the annual fee. The fee for a 3-year license is 3 times the annual fee.
Sec. 11. 22 MRSA §2169, 2nd ¶, as enacted by PL 1979, c. 672, Pt. A, §56, is amended to read:
A full-year license shall be is issued for one year from date of issuance and the a one-year, 2-year or 3-year period. Licenses for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year license is 2 times the annual fee. The fee for a 3-year license is 3 times the annual fee. The prescribed fee shall must accompany the application for license. Licenses may be renewed upon application therefor and payment of the annual fee fees, subject to the commissioner's rules and regulations. Licenses erroneously issued by the commissioner shall be are considered void and shall must be returned to the commissioner on demand.
Sec. 12. 32 MRSA §1901, first ¶, as repealed and replaced by PL 1991, c. 785, §4 and affected by §5, is amended to read:
A person, firm or corporation may not engage in or continue in the business of selling or dealing in nursery stock, as defined in Title 7, section 2211, without first obtaining a license to conduct such business in this State. The State Horticulturist shall prescribe the form of the license. Upon proper application, a license must be issued in the name of the nursery owner or dealer and that license may not be transferred. Each agent and each store acting under a general agent or store must have a license as provided in this section. A license expires annually on December 31st may be issued for a one-year, 2-year or 3-year period. Licenses for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year license is 2 times the annual fee. The fee for a 3-year license is 3 times the annual fee.
Sec. 13. Report on multi-year licensing. No later than February 15, 2000, the Commissioner of Agriculture, Food and Rural Resources shall report to the joint standing committee of the Legislature having jurisdiction over agricultural matters on the issuance of multi-year licenses and registrations. The report must provide information specific to each license or registration authorized for multi-year issuance in this Act, including the number of licenses and registrations issued for one-year, 2-year and 3-year periods. The report must also offer an assessment of efficiencies realized or difficulties encountered in implementing the multi-year licenses and registrations.
Effective September 19, 1997, unless otherwise indicated.
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