Sec. B-1. 7 MRSA §445, as amended by PL 1977, c. 696, §57, is repealed and the following enacted in its place:
1. Violation. After notice of the establishment of grades or standards and the determination of brands, labels or trademarks, a person may not use a brand, label or trademark to identify farm products and sardines as being of a grade established before a permit is granted or after the revocation of the right to use such brand, label or trademark by the commissioner.
2. Penalty. The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a civil violation for which a fine of not more than $50 may be adjudged.
B. A person who violates subsection 1 after having previously violated subsection 1 commits a civil violation for which a fine of not more than $200 may be adjudged.
Sec. B-2. 7 MRSA §488, as repealed and replaced by PL 1977, c. 696, §59, is repealed.
Sec. B-3. 7 MRSA §488-A is enacted to read:
§488-A. Prohibitions and penalties
1. Violation. A person may not adulterate or misbrand, within the meaning of this Title, any commercial feeding stuff, commercial fertilizer, drug, food or vinegar or manufacture, sell, distribute, transport, offer or expose for sale, distribution or transportation any article of commercial feeding stuff, commercial fertilizer, drug, food or vinegar in violation of this Title.
2. Penalty. The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a civil violation for which a fine of not more than $100 may be adjudged.
B. A person who violates subsection 1 after having previously violated subsection 1 commits a civil violation for which a fine of not more than $200 may be adjudged.
Sec. B-4. 7 MRSA §489, as amended by PL 1981, c. 470, Pt. A, §10, is further amended to read:
No A person shall may not be prosecuted under chapter 401, and sections 481 to 488 488-A and 640 to 643, when he that person can establish proof of purchase, and a guaranty signed by the person residing in the United States from whom the purchase was made, to the effect that the article in question is not adulterated or misbranded within the meaning of this Title.
Sec. B-5. 7 MRSA §530-A, sub-§3, as enacted by PL 2001, c. 334, §1, is amended to read:
3. Misbranding. If a manufacturer, distributor, processor, wholesaler or retailer falsely labels or advertises any food, food product or food ingredient offered for sale in the State as free of or made without recombinant deoxyribonucleic acid technology, genetic engineering or bioengineering, the food, food product or food ingredient is misbranded in violation of section 488 488-A.
Sec. B-6. 7 MRSA §616-A, sub-§2, as enacted by PL 1989, c. 841, §3, is repealed and the following enacted in its place:
2. Civil violations. The following violations are civil violations.
A. A person may not violate this subchapter or a rule adopted pursuant to this subchapter or Title 22, chapter 258-A or a rule adopted pursuant to Title 22, chapter 258-A. Except as provided in paragraph B, the following penalties apply to violations of this paragraph.
(1) A person who violates this paragraph commits a civil violation for which a fine of not more than $1,500 may be adjudged.
(2) A person who violates this paragraph after having previously violated this paragraph within the previous 4-year period commits a civil violation for which a fine of not more than $4,000 may be adjudged.
B. A private applicator, as defined in Title 22, section 1471-C, may not violate a rule regarding records maintained pursuant to section 606, subsection 2, paragraph G; Title 22, section 1471-Q; or a rule adopted pursuant to Title 22, section 1471-Q. The following penalties apply to violations of this paragraph.
(1) A person who violates this paragraph commits a civil violation for which a fine of not more than $500 may be adjudged.
(2) A person who violates this paragraph after having previously violated this paragraph within the previous 4-year period commits a civil violation for which a fine of not more than $1,000 may be adjudged.
Sec. B-7. 7 MRSA §616-A, sub-§2-A is enacted to read:
2-A. Criminal violation. A person may not intentionally or knowingly violate this subchapter or Title 22, chapter 258-A, a rule adopted under this subchapter or Title 22, chapter 258-A or a restriction of a registration issued pursuant to this subchapter. A person who violates this subsection commits a Class E crime. Notwithstanding Title 17-A, sections 1252 and 1301, the court may impose a sentencing alternative of a fine of not more than $7,500 or a term of imprisonment of not more than 30 days, or both, for each violation. Prosecution under this subsection is by summons and not by warrant. A prosecution under this subsection is separate from an action brought pursuant to subsection 2.
Sec. B-8. 7 MRSA §616-A, sub-§§4 and 5, as enacted by PL 1989, c. 841, §3, are repealed.
Sec. B-9. 7 MRSA §718, as enacted by PL 1971, c. 77, §1, is amended to read:
1. Prohibitions. The following acts and the causing thereof within the State of Maine are prohibited:
A. The manufacture or distribution of any commercial feed that is adulterated or misbranded;
B. The adulteration or misbranding of any commercial feed;
C. The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks and hulls, which are adulterated within the meaning of section 717, subsection 1;
D. The removal or disposal of a commercial feed in violation of an order under section 721;
E. The failure or refusal to register in accordance with section 714; and
F. The violation of the last paragraph of section 722, subsection 2.
Sec. B-10. 7 MRSA §722, as amended by PL 2001, c. 421, Pt. B, §7 and affected by Pt. C, §1, is repealed and the following enacted in its place:
1. Civil violation. A person may not violate this subchapter or impede, hinder or otherwise prevent the commissioner or the commissioner's duly authorized agent from performing the commissioner's duties in connection with this subchapter. The following penalties apply to violations of this subsection.
A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $200 may be adjudged.
B. A person who violates this subsection after having previously violated this subsection commits a civil violation for which a fine of not less than $200 and not more than $500 may be adjudged.
2. Trade secret violation. A person may not use to that person's own advantage or reveal to other than the commissioner or officers of the department or to the courts when relevant in any judicial proceeding information acquired under the authority of this subchapter concerning a method, record, formulation or process that as a trade secret is entitled to protection. A person who violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $500 may be adjudged. This prohibition does not prohibit the commissioner or the commissioner's duly authorized agent from exchanging information of a regulatory nature with duly appointed officials of the United States Government or of other states who are similarly prohibited by law from revealing this information.
3. Application. This subchapter may not be construed as requiring the commissioner or the commissioner's agent to cause suit to be brought or institute seizure proceedings or issue a withdrawal from distribution order as a result of minor violations of this subchapter or when the commissioner believes that the public interest will best be served by suitable notice of warning in writing.
4. Process. The authorities to whom a violation is reported shall cause appropriate proceedings to be instituted in a court of competent jurisdiction without delay. Before the commissioner reports a violation for suit to be brought, the distributor must have an opportunity to present the distributor's view to the commissioner.
5. Injunction. The commissioner is authorized to apply for and the court to grant a temporary or permanent injunction restraining a person from violating or continuing to violate this subchapter or any rule or regulation adopted under this subchapter notwithstanding the existence of other remedies at law. This injunction must be issued without bond.
6. Review. A person adversely affected by an act, order or ruling made pursuant to this subchapter may bring action within 45 days after that act, order or ruling in the Superior Court in the county of the enforcement official's office for judicial review of the actions. The form of the proceeding must be any that may be provided by statute of the State to review decisions of administrative agencies or, in the absence or inadequacy of such a form, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunctions.
Sec. B-11. 7 MRSA §750, as repealed and replaced by PL 1977, c. 696, §72, is repealed and the following enacted in its place:
1. Violation. A person, firm or corporation may not violate this subchapter or a rule adopted pursuant to this subchapter.
2. Penalty. The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a civil violation for which a fine of not more than $100 may be adjudged.
B. A person who violates subsection 1 after having previously violated subsection 1 commits a civil violation for which a fine of not more than $200 may be adjudged.
3. Application. This subchapter may not be construed as requiring the commissioner or the commissioner's agent to report for suit or for the institution of seizure proceedings as a result of minor violations of this subchapter when the commissioner believes that the public interest will be best served by a suitable notice of warning in writing.
Sec. B-12. 7 MRSA §769, as enacted by PL 1987, c. 425, §§1 and 3, is repealed and the following enacted in its place:
1. Violation. A person, firm or corporation may not violate this subchapter or a rule adopted pursuant to this subchapter.
2. Penalty. The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a civil violation for which a fine of not more than $100 may be adjudged.
B. A person who violates subsection 1 after having previously violated subsection 1 commits a civil violation for which a fine of not more than $200 may be adjudged.
3. Application. This subchapter may not be construed as requiring the commissioner or the commissioner's agent to bring suit or institute seizure proceedings as a result of minor violations of this subchapter when the commissioner believes that the public interest will be best served by a suitable notice of warning in writing.
Sec. B-13. 7 MRSA §1034-A, sub-§1, as enacted by PL 1989, c. 459, §3, is amended to read:
1. Rules. The commissioner shall adopt rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, concerning the program, including, but not limited to, program participation, identification of the varieties of potatoes eligible for inclusion in the potato variety labeling program, requirements of the inspection of potatoes in the program and appropriate methods of labeling. No A rule may not be adopted that requires the inspection of potatoes labeled by variety when the packer is not a participant in the potato variety labeling program.
Sec. B-14. 7 MRSA §1034-A, sub-§3, as enacted by PL 1989, c. 459, §3, is repealed and the following enacted in its place:
3. Violation. A participant in the potato variety labeling program may not pack potatoes in a bag labeled with the name of a different potato variety. For the purposes of this subsection, each load of potatoes constitutes a separate violation.
Sec. B-15. 7 MRSA §1034-A, sub-§5 is enacted to read:
5. Penalties. The following penalties apply to violations of this section.
A. A person who violates subsection 3 commits a civil violation for which a fine of not more than $1,000 may be adjudged.
B. A person who violates subsection 3 after having previously violated subsection 3 commits a civil violation for which a fine of not more than $2,000 may be adjudged.
Sec. B-16. 7 MRSA §1706, as repealed and replaced by PL 2001, c. 572, §24, is repealed and the following enacted in its place:
1. Violation. Except as provided in section 1707 or unless another specific penalty or forfeiture is provided, a person commits a civil violation if that person violates a provision of or a rule or regulation adopted pursuant to:
A. This chapter;
B. Chapter 207;
C. Chapter 303; or
D. Chapter 305.
2. Penalty. A person who violates this section commits a civil violation for which a fine of not more than $500 per day for each violation may be adjudged, except that the total of the fines may not exceed $50,000.
Sec. B-17. 7 MRSA §2872, as enacted by PL 1985, c. 572, is repealed and the following enacted in its place:
1. Civil violation. A person commits a civil violation if that person violates:
A. Chapter 521;
B. Chapter 523; or
C. Chapter 527.
2. Penalty. A person who violates this section commits a civil violation for which a fine of not less than $1 and not more than $50 may be adjudged for each colony in violation of chapter 521, 523 or 527.
Sec. B-18. 7 MRSA §2902-B, as enacted by PL 1999, c. 418, §2, is repealed and the following enacted in its place:
§2902-B. Sale of unpasteurized milk and milk products
1. Sale of unpasteurized milk or milk product. A person may not sell unpasteurized milk or a product made from unpasteurized milk unless the label on that product contains the words "not pasteurized."
2. Sale of unpasteurized milk or milk product at eating establishment. A person may not sell unpasteurized milk or a product made from unpasteurized milk at an eating establishment as defined in Title 22, section 2491, subsection 7.
3. Exception. This section does not apply to farm cheese or to cheese that has been aged at a temperature above 35 degrees Fahrenheit for at least 60 days prior to sale.
Sec. B-19. 7 MRSA §2908, as amended by PL 1999, c. 679, Pt. A, §11, is repealed.
Sec. B-20. 7 MRSA §2908-A is enacted to read:
1. Violation. A firm, person, corporation or society may not sell milk or milk products in the State without the license or permits provided in sections 2901-C and 2902-A, violate sections 2901-A to 2904-A or neglect, fail or refuse to comply with those sections and the rules, regulations and standards of identity and quality issued pursuant to section 2910.
2. Penalty. The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a civil violation for which a fine of not less than $250 and not more than $500 may be adjudged.
B. A person who violates subsection 1 after having previously violated subsection 1 commits a civil violation for which a fine of not less than $500 and not more than $1,000 may be adjudged.
Sec. B-21. 7 MRSA §3950-A, as amended by PL 1997, c. 690, §33, is repealed and the following enacted in its place:
§3950-A. Official refusal or neglect of duty
1. Violation. A mayor, municipal officer, clerk, town or city manager, administrative assistant to the mayor, town or city councilor, dog recorder of unorganized territories, constable, police officer, sheriff or animal control officer commits a civil violation if that person refuses or intentionally fails to perform the duties imposed by:
A. This chapter;
B. Chapter 719;
C. Chapter 720;
D. Chapter 721;
E. Chapter 725; or
F. Chapter 727.
2. Penalty. A person who violates subsection 1 commits a civil violation for which a fine of not less than $50 and not more than $250 and costs may be adjudged.
3. Investigation. The commissioner, at the commissioner's own instance or upon written complaint made to the commissioner by another person, shall investigate an alleged refusal or neglect of duty by a municipal officer.
4. Prosecution. The commissioner shall direct proceedings, actions and prosecutions to be instituted to enforce all laws relating to animals and to the liability of municipal officers and their agents for failure, neglect or refusal to comply with the laws relating to animals.
Sec. B-22. 7 MRSA §3991, as amended by PL 2003, c. 405, §22, is repealed.
Sec. B-23. 7 MRSA §3991-A is enacted to read:
§3991-A. Regulation of research institutions
1. License necessary. A research or teaching institution of higher education may not employ live animals in scientific investigation, experiment or instruction or for the testing of drugs or medicines without first having been issued a license under this section by the commissioner.
2. Application. A research or teaching institution desiring to obtain a license shall make application to the commissioner. On receipt of the application, the commissioner shall investigate as necessary to determine whether the public interest will be served by the issuance of the license. The commissioner may issue the license as long as the research or teaching institution, by reason of its standards, facilities, practices or activities, is a fit and proper institution to receive the license and that its issuance is in the public interest. The standards for licensure are those contained in United States Code, Title 7, Section 2143 and any federal regulations issued pursuant to that law. This chapter may not be construed to be more restrictive than federal law. In the case of conflict between state law and federal law or a mandatory rule, regulation or order of the Federal Government or its agencies, the federal law, rule, regulation or order governs.
3. Fees; license renewal. Before issuance of a license, each research or teaching institution licensed under this chapter shall pay to the commissioner a license fee of $200. A license expires on June 30th next following the date of issue. The commissioner shall annually renew each license upon the application of the licensee, unless, after notice and hearing as provided in this chapter, the commissioner finds that, by reason of the standards, facilities, practices or activities of the licensee, the renewal is not in the public interest. The commissioner, after notice and hearing as provided in this chapter, may modify, fail to renew, suspend or revoke any license if the commissioner finds that, by reason of the standards, facilities, practices or activities of the licensee, the continuation of the license is not in the public interest.
4. Noncompliance. If, in the opinion of the commissioner, there is or may be noncompliance with or a violation of this chapter or of a rule adopted by the commissioner that is of sufficient gravity to warrant further action, the commissioner may request an informal conference with the licensee. The commissioner shall provide the licensee with adequate notice of the conference and the issues to be discussed.
If the commissioner finds that the factual basis of the alleged noncompliance with or violation of this chapter is true and may warrant further action, the commissioner:
A. With the consent of the licensee, may enter into a consent agreement that fixes the period and terms of probation best adapted to protect the health and welfare of animals and to rehabilitate or educate the licensee;
B. In consideration for acceptance of a voluntary surrender of the license, may negotiate stipulations, in a consent decree to be signed by the commissioner, the licensee and the Office of the Attorney General, that ensure protection of the health and welfare of animals and that serve to rehabilitate or educate the licensee;
C. If the commissioner concludes that modification or nonrenewal of the license may be in order, shall hold an adjudicatory hearing in accordance with Title 5, chapter 375, subchapter 4; or
D. If the commissioner concludes that suspension or revocation of the license is in order, shall file a complaint in the District Court in accordance with Title 4, chapter 5.
5. Grounds for discipline. Grounds for an action to modify, suspend, revoke or refuse to renew the license of a person licensed under this chapter are:
A. The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered within the scope of the license issued;
B. A violation of this chapter or a rule adopted by the commissioner; and
C. Conviction of a crime involving cruelty to animals.
6. Violation; penalty. A person may not knowingly violate this chapter or the rules issued pursuant to this chapter. The following penalties apply.
A. A person who violates this subsection commits a civil violation for which a fine of not more than $100 may be adjudged.
B. A person who violates this subsection after having previously violated this subsection commits a civil violation for which a fine of not more than $250 may be adjudged.
7. Rules. The commissioner may adopt rules that are necessary to carry out the purposes of this chapter.
8. Inspection. In connection with the granting, continuance or renewal of a license and in connection with an investigation of alleged cruelty or alleged violation of this chapter or the rules issued pursuant to this chapter, the commissioner, at least annually, may visit and inspect the research and teaching institutions or animal research and care facilities of any licensee or of any research or teaching institution that has applied for a license.
Sec. B-24. 7 MRSA §4204, sub-§1, as amended by PL 1999, c. 723, §1, is further amended to read:
1. Nutrient management plan required. A person who owns or operates a farm that meets the criteria established in subsection 2 shall have a nutrient management plan for that farm and shall implement the provisions in that plan by the dates specified for that category of farm in subsection 4, 5, 6 or 7. The nutrient management plan must be prepared by a person certified in accordance with section 4202, subsection 2 and must address the storage and utilization of all farm nutrients generated on or transported to the farm. A nutrient management plan developed by a farm owner or operator is deemed to have been prepared by a certified nutrient management specialist if a certified nutrient management specialist reviews the plan for compliance with this chapter, signs the plan and notifies the department in accordance with subsection 3. For livestock farms, the nutrient management plan must address storage and utilization of farm nutrients for the entire farm operation including leased or rented land. For crop farms, the plan must address storage and utilization of farm nutrients on land on which manure is utilized or stored. The plan must establish minimum distances between manure storage, stacking and spreading areas and property lines and surface water based on site-specific factors. The plan must provide for manure storage for a minimum of 180 days. A nutrient management plan prepared in accordance with this section is confidential and is not a public record as defined in Title 1, section 402, subsection 3. A copy of a nutrient management plan required under this section must be available to the commissioner or the commissioner's designee upon request. A nutrient management plan must include the following:
A. Provisions for soil erosion control;
B. Minimum distances between manure storage, stacking and spreading areas and property lines and surface waters;
C. Results of soil tests for land designated in the plan for manure spreading or manure irrigation;
D. Results of manure tests;
E. Statement of yield goals for land receiving farm nutrients;
F. Additional information established through rulemaking;
G. Site-specific dates recommended for the spreading of manure and spraying or irrigation of liquid manure. In compliance with section 4207, the plan may not recommend spreading between December 1st of a calendar year and March 15th of the following calendar year; and
H. A recommended timetable for implementing the plan.
Sec. B-25. 7 MRSA §4204, sub-§1-A is enacted to read:
1-A. Plan requirements. For livestock farms, the nutrient management plan must address storage and utilization of farm nutrients for the entire farm operation including leased or rented land. For crop farms, the plan must address storage and utilization of farm nutrients on land on which manure is utilized or stored. A nutrient management plan must include or provide for:
A. Minimum distances between manure storage, stacking and spreading areas and property lines and surface water based on site-specific factors;
B. Manure storage for a minimum of 180 days;
C. Provisions for soil erosion control;
D. Minimum distances between manure storage, stacking and spreading areas and property lines and surface waters;
E. Results of soil tests for land designated in the plan for manure spreading or manure irrigation;
F. Results of manure tests;
G. A statement of yield goals for land receiving farm nutrients;
H. Additional information established through rulemaking;
I. Site-specific dates recommended for the spreading of manure and spraying or irrigation of liquid manure. In compliance with section 4207, the plan may not recommend spreading between December 1st of a calendar year and March 15th of the following calendar year; and
J. A recommended timetable for implementing the plan.
Sec. B-26. 7 MRSA §4204, sub-§§9 and 10 are enacted to read:
9. Violation. The following are civil violations for which a fine of up to $1,000 plus up to an additional $250 per day for each day that the violation continues may be adjudged:
A. Failure to develop a nutrient management plan in accordance with this section; and
B. Failure to implement a nutrient management plan in accordance with this section or rules adopted pursuant to this section. Prior to the development of a plan, a person is not subject to a penalty for failure to implement a nutrient management plan.
10. Nutrient management plan confidential. A nutrient management plan prepared in accordance with this section is confidential and is not a public record as defined in Title 1, section 402, subsection 3. A copy of a nutrient management plan required under this section must be available to the commissioner or the commissioner's designee upon request.
Sec. B-27. 7 MRSA §4205, sub-§4 is enacted to read:
4. Violation. The following are civil violations for which a fine of up to $1,000 plus up to an additional $250 per day for each day that the violation continues may be adjudged:
A. Failure to obtain a livestock operations permit in accordance with this section; and
B. Failure to comply with the conditions set forth in a livestock operations permit or a variance.
Sec. B-28. 7 MRSA §4207, as enacted by PL 1997, c. 642, §2, is repealed and the following enacted in its place:
§4207. Winter spreading of manure prohibited
1. Winter spreading prohibited. Except pursuant to a variance granted under subsection 2, a person may not spread manure on agricultural fields between December 1st of a calendar year and March 15th of the following calendar year. This prohibition includes the spreading of manure and spraying or irrigation of liquid manure.
2. Variance. Upon application to the commissioner, the commissioner may grant a variance to allow a person to spread manure during the winter due to financial hardship or other circumstances that necessitate the application. In granting a variance, the commissioner shall impose restrictions to minimize potential environmental degradation and prescribe actions to ensure future compliance.
3. Violation. A person who violates this section commits a civil violation for which a fine of up to $1,000 per day for each day that spreading occurs may be adjudged.
Sec. B-29. 7 MRSA §4209, as amended by PL 1999, c. 530, §6, is repealed.
| Revisor of Statutes Homepage | Subject Index | Search | 121st Laws of Maine | Maine Legislature |
