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State of Maine

01
Department of Agriculture, Food and Rural Resources

1999-2000 Regulatory Agenda


001: The Department
013: Maine Potato Marketing Commission
015: Maine Milk Commission
017: State Harness Racing Commission
019: Soil and Water Conservation Commission
020: Maine Agricultural Bargaining Board
026: Board of Pesticides Control
303: Pull Events Commission


Amendment filed May 9, 2000:
CHAPTER 329: Rules Governing Milk and Milk Products
STATUTORY AUTHORITY: 7 MRSA Section 2910
STATEMENT: "The Department of Agriculture, Food & Rural Resources is amending its Regulatory Agenda to include the Rules Governing Milk and Milk Products. This rule was a major substantive rule authorized by the Joint Standing Committee on Agriculture, Conservation and Forestry during the first regular session of the 119th Legislative Session according to 7 MRSA Section 2910. On 12 April 2000, the Governor signed Resolve ch. 111 (LD 2595). The Department wishes to finally adopt the rule, and must amend its Regulatory Agenda to include this rule."

UMBRELLA/UNIT NUMBER: 01-001
AGENCY NAME: Department of Agriculture, Food and Rural Resources
CONTACT PERSON: Linda Smith Dyer, Deputy Commissioner, 28 State House Station, Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:

CHAPTER 252: Emergency Rule Establishing a Zero Tolerance for Potato Spindle Tuber Viroid in Certified Seed Potatoes
STATUTORY AUTHORITY: 7 MRSA Sections 2101-2105
PURPOSE: This rule established a zero tolerance for the Potato Spindle Tuber Viroid in Maine seed potatoes during the 1998 inspection season.
ANTICIPATED SCHEDULE: Adopted effective September 22, 1998.
AFFECTED PARTIES: Maine seed potato producers.

EXPECTED 1999-2000 RULEMAKING ACTIVITY:

CHAPTER 4 and 20
: Procedures for Adoption of Apple Market Orders and Agreements, and Apple Market Order.
STATUTORY AUTHORITY: 7 MRSA Sections 0421-430
PURPOSE: Make needed changes to improve the functioning of the Apple Market
Order.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Apple orchardists.

CHAPTER 91: Rules Governing Investigation of Complaints Involving Agriculture
STATUTORY AUTHORITY: 17 MRSA Section 2805
PURPOSE: To establish rules dealing with the investigation of complaints involving
agriculture and to assist municipalities in developing ordinances.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Farmers and homeowners living in rural areas.

CHAPTER 11: Rules of Procedure Governing Award of Dates for Agricultural Fairs
STATUTORY AUTHORITY: 7 MRSA Section 65
PURPOSE: Assign fair dates, as needed.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Fair operators.

CHAPTER 26: Blueberry Marketing Order
STATUTORY AUTHORITY: 7 MRSA Sections 421-430
PURPOSE: Modify grade and other standards as needed.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Fresh blueberry packers.

CHAPTER 31
: Rules for Operation of the Potato Marketing Improvement Fund
STATUTORY AUTHORITY: 7 MRSA Section 974 (1)D
PURPOSE: Amend rules as needed.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Borrowers.

CHAPTER 60: Maine Milk Pool Administrative Rules
STATUTORY AUTHORITY: 7 MRSA Section 3154
PURPOSE: Sets annual fee for administering the Pool, requirements for operation, and variable penalty fees, as appropriate.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Farmers.

CHAPTER 122
: Fee Schedule for Inspection of Agricultural Commodities
STATUTORY AUTHORITY: 7 MRSA Sections 12, 441, 446, 951B and 1033A
PURPOSE: Change inspection fee levels to reflect current costs of providing services.
ANTICIPATED SCHEDULE: Prior to December 2000
AFFECTED PARTIES: Growers and packers of inspected products.

CHAPTER 125: Official Grades, Standards and Inspection Requirements for Potatoes packed in Maine
STATUTORY AUTHORITY: 7 MRSA Sections 951 and 1033-A(3)
PURPOSE: Modifies rules governing potato packaging.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Potato farmers, packers, and shippers.

CHAPTER 126: Official Use of Blue, White & Red State Trademark
STATUTORY AUTHORITY: 7 MRSA Sections 441 and 443
PURPOSE: Modify standards as necessary.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Licensed packers.

CHAPTER 127: Maple Syrup Requirements--Blue, White and Red State Trademark
STATUTORY AUTHORITY: 7 MRSA Sections 441 and 443
PURPOSE: Modify standards as needed.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Licensed packers.

CHAPTER 135: Official Use of the State of Maine Quality Trademark
STATUTORY AUTHORITY: 7 MRSA Sections 441 and 443
PURPOSE: Modify rules on use and fees for users of the Maine Quality Trademark.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Processors and packers of products using the Maine Quality Trademark.

CHAPTER 136: Rules Governing the Use of the Quality Trademark for Maine Dairy Products
STATUTORY AUTHORITY: 7 MRSA Sections 2901-B and 443-B.
PURPOSE: Establishes and/or amends standards for the use of the Quality Trademark on milk and milk products.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Milk dealers.

CHAPTER 206: Prevention, Control, and Eradication of Diseases of Domestic Animals and Poultry
STATUTORY AUTHORITY: 7 MRSA Section 1752
PURPOSE: Revised regulations relating to disease control in domestic animals
and poultry, as needed.
ANTICIPATED SCHEDULE: Effective 14 February 1999
AFFECTED PARTIES: Owners of domestic animals and avian species.

CHAPTER 211: Disposal of Animal Carcasses
STATUTORY AUTHORITY: 7 MRSA Section 1752
PURPOSE: To clearly outline the standards for designing disposal facilities for all types of domestic animal carcasses. In addition, procedures for addressing emergency disposal situations will be outlined.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Farmers and other animal owners.

CHAPTER 213: Rules Governing the Disposal of Animal Carcasses
STATUTORY AUTHORITY: 7 MRSA Sections 1752, 1817, 1818; 17 MRSA Section 2805.
PURPOSE: Issue rules that would describe how to safely dispose of animals that
die on farms.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Farmers, abutters and government agencies.

CHAPTER 218: Rules for Boarding Stables, Commercial Riding Facilities, and Equine Activities
STATUTORY AUTHORITY: 7 MRSA Sections 4101-4104
PURPOSE: Establishes health and welfare standards for commercial boarding stables, commercial riding facilities, and equine activities.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Commercial equine business.

CHAPTER 220: Importation of Certain Deer into Maine
STATUTORY AUTHORITY: 7 MRSA Section 1331 (6)
PURPOSE: Would expand the definition of domesticated deer to include Sika Deer.
ANTICIPATED SCHEDULE: Prior to July, 2000 AFFECTED PARTIES: Venison Farmers.

CHAPTER 226: Rule Defining Prohibited Substances in Animals Competing in Pulling Events and Livestock Exhibitions.
STATUTORY AUTHORITY: 7 MRSA Section 74A
PURPOSE: Defines substances that are prohibited in animals at pulling events and exhibitions.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Persons with animals competing in pulling events and livestock exhibitions.

CHAPTER 252: Rules Governing Certification of Seed Potatoes in the State of Maine
STATUTORY AUTHORITY: 7 MRSA Sections 2101-2105
PURPOSE: Amend the current rules to clarify certain provisions involved in the seed potato certification program.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Seed potato producers in Maine.

CHAPTER 255: Imported Seed Potatoes
STATUTORY AUTHORITY: 7 MRSA Sections 2101-2105
PURPOSE: Establish or amend standards required for the importation of seed potatoes for planting within Maine.
ANTICIPATED SCHEDULE: Prior to April, 2000
AFFECTED PARTIES: Potato farmers, dealers, buyers, and shippers of imported seed.

CHAPTER 266: Hemlock Woolly Adelgid
STATUTORY AUTHORITY: 7 MRSA Sections 2301-2303
PURPOSE: Establishes a quarantine against the Hemlock Woolly Adelgid; specifies the requirements to import logs and nursery stock from infested areas; and specifies the statežs authority if infested materials are found in Maine.
ANTICIPATED SCHEDULE: Prior to April, 2000
AFFECTED PARTIES: Saw mills, nurseries, and the general public.

CHAPTER 270: Maine Apiary Rules and Regulations
STATUTORY AUTHORITY: 7 MRSA Sections 2701-2872
PURPOSE: Amend the current apiary rules to clarify certain provisions relating to Africanized Honey bees and other honey bee diseases and parasites in Maine.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Beekeepers, blueberry and apple producers, and the
general public.

CHAPTER : Organic Food Certification
STATUTORY AUTHORITY: 7 MRSA Section 562-A
PURPOSE: Institute rules, as needed, for operation of independent organic food certification programs in Maine.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Organic farmers and certifying organizations.

CHAPTER : Rules Governing the Handling, Processing, Storing and Shipping of Sea Urchins
STATUTORY AUTHORITY: 22 MRSA Section 2151 et seq.
PURPOSE: Establishes sanitary standards for operations involving sea urchins.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Sea urchin processors, shippers and buyers.

CHAPTER : Controlled Atmosphere Storage for Apples
STATUTORY AUTHORITY: 7 MRSA Sections 539-543
PURPOSE: Establish and/or modify standards as needed.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Orchardists.

CHAPTER 259
: Minimum Standards for Planting Potatoes.
STATUTORY AUTHORITY: 7 MRSA Section 951-A
PURPOSE: Modify standards as necessary.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Potato farmers who plant at least 1 acre.

CHAPTER 331: Retail Food Establishments
STATUTORY AUTHORITY: 7 MRSA Section 12, 10 MRSA Section 2625, 22 MRSA Sections 2153, 2157.9B, 2166 and 2169
PURPOSE: To revise regulations based on the FDA model food code to reflect safe food processing and sanitation requirements.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Retail food stores.

CHAPTER 341: Bakeries (Commercial, Retail and Distributors)
STATUTORY AUTHORITY: 10 MRSA Section 2625, 22 MRSA Sections 2153, 2157.9B, 2166 and 2169
PURPOSE: Revise regulations to reflect current processing and sanitation requirements.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Commercial Bakeries.

CHAPTER 342: Cider and Apple Juice Plants
STATUTORY AUTHORITY: 10 MRSA Section 2625, 22 MRSA Sections 2153, 2154, 2167, 2168 and 2169
PURPOSE: Revise regulations to reflect food safety concerns.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Cider and juice producers.

CHAPTER 343: Food Processing Manufacturing
STATUTORY AUTHORITY: 22 MRSA Sections 2167, 2168 and 2169.
PURPOSE: Revise regulations to reflect current manufacturing and processing technology and practices.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Manufacturing and processors of food, including shellfish.

CHAPTER 344
: Food Storage Warehouses
STATUTORY AUTHORITY: 22 MRSA Sections 2167-2169
PURPOSE: Clarify changes resulting from 1990 revisions.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Operators of food storage facilities.

CHAPTER 345: Home Food Manufacturing
STATUTORY AUTHORITY: 10 MRSA Section 2625, 22 MRSA Sections 2153, 2157.9B, 2168, 2169 and 2176
PURPOSE Revise standards to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Home food manufacturers and processors.

CHAPTER 346: Mobil Vendors
STATUTORY AUTHORITY: 10 MRSA Section 2625, 22, MRSA Sections 2153, 2157.9B, 2167, 2168 and 2169
PURPOSE: Revise standards to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Mobile vendors.

CHAPTER 347: Maple Syrup Processing
STATUTORY AUTHORITY: 10 MRSA Section 2625, 22 MRSA Sections 2153, 2154, 2167, 2168 and 2164
PURPOSE: Maintain sanitary procedures in the maple syrup production process.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Maple syrup produces.

CHAPTER 348: Bulk Food Regulations
STATUTORY AUTHORITY: 22 MRSA Sections 2151, 2153 and 2154
PURPOSE: Clarify bulk food regulations.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Retailers of bulk food products.

CHAPTER 350: Self-Service Salad Bars and Hot Foods in Retail Establishments
STATUTORY AUTHORITY: 10 MRSA Section 2625, 22 MRSA Sections 2153, 2167, 2168 and 2169
PURPOSE: Revise regulations to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Operators of self-service salad bars.

CHAPTER 351: Packaged Ice Manufacturing and Processing
STATUTORY AUTHORITY: 10 MRSA Section 2625, 22 MRSA Sections 2153, 2167, 2168, and 2169
PURPOSE: Clarify current ice manufacturing regulations.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Manufacturers of ice.

CHAPTER 352: Fallow Deer Processing
STATUTORY AUTHORITY: 7 MRSA Section 1331 (6)
PURPOSE: Clarify fallow deer processing regulations.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Processors of fallow deer.

CHAPTER 353: Licensing of Domestic Deer for Food
STATUTORY AUTHORITY: 7 MRSA Section 1331
PURPOSE: Clarify existing rule.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Domesticated deer producers.

CHAPTER 357: Food Salvage
STATUTORY AUTHORITY: 22 MRSA Sections 2153 and 2169
PURPOSE: Revise regulations to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Food salvage operators.

CHAPTER 358: Manufacturing of Potentially Hazardous Foods
STATUTORY AUTHORITY: 22 MRSA Sections 2151 and 2153
PURPOSE: Revise regulations to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Manufacturers and processors at potentially hazardous foods.

CHAPTER 359: Rules Governing the Processing/Handling/Storing/Labeling of
Smoked, Cured, and Salted Fish
STATUTORY AUTHORITY: 22 MRSA Sections 1851 and 2153
PURPOSE: Revise regulations to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Manufacturers and processors of smoked, cured and salted fish.

CHAPTER 360: Responsibilities of Manufacturers, Distributors, Dealers and Redemption Centers under the Returnable Beverage Container Law
STATUTORY AUTHORITY: 32 MRSA Sections 1861-1872
PURPOSE: Make changes needed to facilitate operation of Maine's bottle bill.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Manufacturers, distributors, and dealers of returnable beverage containers; redemption centers.

CHAPTER : Rule Governing the Spay/Neuter Reimbursement Program
STATUTORY AUTHORITY: 7 MRSA Sections 3906-A (3) and 3906-B (2)
PURPOSE: These rules will allow reimbursement to animal shelter for extended stays of cats and dogs to be spayed or neutered before being given up for adoption.
ANTICIPATED SCHEDULE: Effective 18 March 1999
AFFECTED PARTIES: Animal Shelters.

CHAPTER : Genetic Engineering Oversight
STATUTORY AUTHORITY: 7 MRSA Section 232
PURPOSE: The Commission on Genetic Engineering and Biotechnology is considering rules that would provide State oversight of experiments using plant or animal biotechnology and ensure State control in the absence of operative Federal guidelines.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Companies and researchers doing experiments with plant or animal biotechnology and the general public.

CHAPTER : Rules for Operation of Food Assistance Program
STATUTORY AUTHORITY: 7 MRSA Section 12
PURPOSE: This rule will establish procedures for operation of the emergency food programs operated by and through the Department. Authority for these programs was assumed by the Department during FY92.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Recipients of food assistance, food pantries and food distribution points, Community Action Agencies and others working on emergency food distribution issues.

CHAPTER 560: Standards for Compost Products
STATUTORY AUTHORITY: 5 MRSA Section 3, subsection 1812-c
PURPOSE: To clearly outline quality characteristics of compost product for different purposes.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Producers of bulk compost materials and state agencies now using soil products in their programs.

CHAPTER 565:
Nutrient Management Rules
STATUTORY AUTHORITY: 7 MRSA Section 4206
PURPOSE: To establish standards and a permitting process for new large concentrated animal feeding operations and existing operations expanding beyond a designated threshold.
ANTICIPATED SCHEDULE: Provisional adoption prior to December 15, 2000.
AFFECTED PARTIES: Livestock farmers and crop farmers.

CHAPTER 600: Rules Governing the Disposal of Cull Potatoes
STATUTORY AUTHORITY: 7 MRSA Section 1007-A.
PURPOSE: Establishes criteria for the proper disposal of cull potatoes, so as to avoid environmental contamination and spread of disease.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Potato growers and abutting and neighboring property owners.

CHAPTER 701: Rules Setting Minimum Standards for Pet Shops, Shelters, Kennels and Boarding Kennels
STATUTORY AUTHORITY: 7 MRSA Section 3906B(10)
PURPOSE: Establish and/or amends standards for various animal facilities.
ANTICIPATED SCHEDULE: Effective 18 March 1999
AFFECTED PARTIES: Owners and operators of animal facilities and persons generally interested in the welfare of animals.

CHAPTER : Rule Governing the Spay/Neuter Reimbursement Program
STATUTORY AUTHORITY: 7 MRSA Sections 3906-A (3) and 3906-B (2)
PURPOSE: These rules will allow reimbursement to animal shelter for extended stays of cats and dogs to be spayed or neutered before being given up for adoption.
ANTICIPATED SCHEDULE: Effective 18 March 1999
AFFECTED PARTIES: Animal Shelters.

CHAPTER : Genetic Engineering Oversight
STATUTORY AUTHORITY: 7 MRSA Section 232
PURPOSE: The Commission on Genetic Engineering and Biotechnology is considering rules that would: provide State oversight of experiments using plant or animal biotechnology and ensure State control in the absence of operative Federal guidelines.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Companies and researchers doing experiments with plant or animal biotechnology and the general public.

CHAPTER : Rules for Operation of Food Assistance Program
STATUTORY AUTHORITY: 7 MRSA Section 12
PURPOSE: This rule will establish procedures for operation of the emergency food programs operated by and through the Department. Authority for these programs was assumed by the Department during FY92.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Recipients of food assistance, food pantries and food distribution points, Community Action Agencies and others working on emergency food distribution issues.

CHAPTER : Organic Food Certification
STATUTORY AUTHORITY: 7 MRSA Section 562-A
PURPOSE: Institute rules, as needed, for operation of independent organic food certification programs in Maine.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Organic farmers and certifying organizations.

CHAPTER : Rules Governing the Handling, Processing, Storing and Shipping of Sea Urchins
STATUTORY AUTHORITY: 22 MRSA Section 2151 et seq.
PURPOSE: Establishes sanitary standards for operations involving sea urchins.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Sea urchin processors, shippers and buyers.

CHAPTER : Controlled Atmosphere Storage for Apples
STATUTORY AUTHORITY: 7 MRSA Sections 539-543
PURPOSE: Establish and/or modify standards as needed.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Orchardists.

NEW RULE: Rules for Operation of the Agricultural Marketing Loan Fund
STATUTORY AUTHORITY: 7 MRSA Section 437
PURPOSE: Establishes rules for the operation of the Agricultural Marketing Loan Fund.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Borrowers.

NEW RULE: Rules for Operation of the Rural Rehabilitation Fund
STATUTORY AUTHORITY:
PURPOSE: Establishes rules for the operation of the Rural Rehabilitation Fund.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Borrowers.

NEW RULE: Fees for Nursery Licenses
STATUTORY AUTHORITY: 32 MRSA Section 1901
PURPOSE: This rule will establish the fees for nursery licenses in the State of Maine.
ANTICIPATED SCHEDULE: By December 31, 1999.
AFFECTED PARTIES: Greenhouse and nursery operators in the State of Maine.

NEW RULE: Rules Governing the Licensing and Conduct of Arborists in the State of Maine
STATUTORY AUTHORITY: 7 MRSA Section 2176
PURPOSE: This rule will establish the testing and license requirements, fees, and professional requirements of arborists in the State of Maine.
ANTICIPATED SCHEDULE: Spring or summer of 2000
AFFECTED PARTIES: Individuals currently licensed or wishing to become licensed as arborists in the State of Maine.

NEW RULE: Non-released Potato Varieties
STATUTORY AUTHORITY: 7 MRSA Section 2103-A
PURPOSE: Establish procedures to ensure that seed potato growers who are certifying non-released potato varieties have been authorized to do so.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Seed potato growers who produce non-released potato varieties and potato breeders.

NEW RULE: Designation of Potato Pests and Diseases; Seizure, Destruction, Disinfection
STATUTORY AUTHORITY: 7 MRSA Sections 2351-2352
PURPOSE: Designate those potato pests and diseases which pose a threat to the Maine potato industry; provide for the control and eradication of such pests and diseases; and provide for the disinfection of any vehicles believed to be infested with such pests and diseases.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Potato farmers in Maine.

NEW RULE: Governing the Maine Dairy Inspection Program
STATUTORY AUTHORITY: 7 MRSA Section 2910
PURPOSE: Rule will replace and consolidate Chapters 321, 322, 324, 326, and 327
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Dairy farmers and Maine dairies.


UMBRELLA / UNIT NUMBER: 01-013
AGENCY: Maine Potato Marketing Committee
CONTACT PERSON: Linda Smith Dyer, Deputy Commissioner, 28 State House Station, Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULEMAKING ACTIVITY:

CHAPTER 2: Marketing Order--Russet Potatoes
STATUTORY AUTHORITY: 7 MRSA Sections 991-1006
PURPOSE: Modify grade standards as needed.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Potato farmers, packers and shippers.

CHAPTER 5: Official Designation of Maine Bag Logo
STATUTORY AUTHORITY: 7 MRSA Section 1035
PURPOSE: Make needed changes in rules to reflect current practices.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Potato farmers, packers, and shippers.


UMBRELLA/UNIT NUMBER: 01-015
AGENCY: Maine Milk Commission
CONTACT PERSON: Linda Smith Dyer, Deputy Commissioner, 28 State House Station, Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULEMAKING ACTIVITY:

CHAPTER 1: Minimum Retail Pricing of Bulk Containers
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Set minimum retail price for bulk containers to cover sales for home delivery and grocery stores.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Dealers, retailers, and consumers.

CHAPTER 1: Payment by Dealers and Retailers and Others
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Set dates and minimums when payment for milk received must be made.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Milk dealers, retailers and others.

CHAPTER 1: Integrated Operations
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Set minimum controls for integrated operations.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Producers, dealers and retailers.

CHAPTER 1: Late Payment Penalty
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Set variable penalty fee on late payments to Commission.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Farmers and dealers.

CHAPTER 1: Base Rating-- Quota Plan
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Set producer production base or quota production.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Farmers.

CHAPTER 1
: Container Deposits
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Set deposit price for any container.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Farmers and dealers.

CHAPTER 1
: Milk Balancing
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Amend new milk balancing rule based on latest information and practices put into place since adoption of first rule, September, 1991.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Farmers, dealers and consumers.

CHAPTER 1: Interstate Conference and Compacts
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Enter into agreements with other Northeastern states for special conferences and or compacts for regulation of the dairy industry.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Any or all segments of the dairy industry.

CHAPTER 2: Hearing Procedures
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Amend present rules to reflect changing industry standards, new APA requirements, and/or to upgrade and modernize past practices.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Commission, intervenors and industry.

CHAPTER 3: Monthly Minimum Milk Prices
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Reflect latest Federal Government price announcements and any prevailing premiums in southern New England.
ANTICIPATED SCHEDULE: Monthly
AFFECTED PARTIES: Farmers, dealers and consumers.

CHAPTER 3: Marketing Areas
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Set new marketing areas based on new information and latest buying or selling practices in State.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Farmers, dealers, consumers and retailers.

CHAPTER 3: Milk Commission Monthly Forms
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Adopt regular reporting forms to meet needs of Commission and Milk Pool. ANTICIPATED SCHEDULE: Monthly
AFFECTED PARTIES: Farmers, dealers and retailers.

CHAPTER 6: Inspection of Records, Books and Accounts
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Adopt or amend rule to inspect industry records, books, accounts and any matter relating to the dairy industry and the setting of minimum prices.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Farmers, dealers and retailers.

CHAPTER 11: Dealer and Subdealer Route Information Reports
STATUTORY AUTHORITY: 7 MRSA Section 2954
PURPOSE: Require dealers to report special route delivery information.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Dealers and consumers.

CHAPTER 11 and 25
: Hauling and Transportation Costs
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Set minimums/maximums on hauling and transportation cost.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Farmers, dealers, retailers, and consumers.

CHAPTER 13 and 27: Retail Margins
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Set new minimum retail margins according to cost study and hearing testimony.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Retailers and consumers.

CHAPTER 14: 30 Days Notice
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Minimum number of days notice required before a producer can be dropped by a Maine dealer.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Farmers and dealers.

CHAPTER 20: Prevention of Destructive Competition
STATUTORY AUTHORITY: 7 MRSA Section 2981 et seq.
PURPOSE: Prohibits predatory pricing.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Farmers, dealers, retailers, and milk consumers.

CHAPTER 26: Producer Cost
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Set minimum producer price based on Federal order and actual cost of production.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Producers, dealers, retailers and consumers.

CHAPTER 29: Dealer Margins
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Set new minimum dealer margins based on latest cost study and public hearings and testimony.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Dealers and consumers.

CHAPTER 603: Milk Promotion
STATUTORY AUTHORITY: 7 MRSA Section 2954
PURPOSE: Establish guidelines for promotions of milk.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Farmers, dealers, retailers and consumers.


UMBRELLA/UNIT NUMBER: 01-017
AGENCY : State Harness Racing Commission
CONTACT PERSON: Linda Smith Dyer, Deputy Commissioner, 28 State House Station, Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:

CHAPTER 13: Emergency Rule Establishing Trifecta Wagering on Harness Horse Racing.
STATUTORY AUTHORITY: 8 MRSA Section 279-A
PURPOSE: This rule establishes the number of horses programmed and the number of starters necessary to allow Trifecta wagering on live harness racing.
ANTICIPATED SCHEDULE: Adopted effective July 6, 1999
AFFECTED PARTIES: Harness horse owners, track owners and operators, and those affiliated with the harness racing industry. Chapter 13, Section 46.H

Chapters 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, and 21. The Commission is re-codifying and proposing language changes throughout its Rules.
Statutory Authority: 8 MRSA Section 279-A
Schedule: January, 2000
Affected Parties: Those individuals licensed by the Commission

EXPECTED 1999-2000 RULEMAKING ACTIVITY:

CHAPTER 1 through 21: Harness Racing Rule Recodification and Revision
STATUTORY AUTHORITY: 8 MRSA Section 268 et seq.
PURPOSE: The Maine Harness Racing Commission recently recodified its entire body of rules. Minor corrections and modifications may be needed to clarify changes made last year.
ANTICIPATED SCHEDULE: June 30, 2000
AFFECTED PARTIES: Harness horse owners, track owners and operators, and those affiliated with the harness racing industry.


UMBRELLA / UNIT: 01-019
AGENCY: Soil and Water Conservation Commission
CONTACT PERSON: Linda Smith Dyer, Deputy Commissioner, 28 State House Station, Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULEMAKING ACTIVITY:

CHAPTER 15: Election of Soil and Water Conservation District Supervisors
STATUTORY AUTHORITY: 12 MRSA Section 101
PURPOSE: Clarify election procedures, as needed.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Current and potential supervisors.


UMBRELLA/UNIT: 01-020
AGENCY: Maine Agricultural Bargaining Board
CONTACT PERSON: Linda Smith Dyer, Deputy Commissioner, 28 State House Station, Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULEMAKING ACTIVITY:

CHAPTER 3: Rules of Procedure for the Maine Agricultural Bargaining Board
STATUTORY AUTHORITY: 13 MRSA Section 1956.6
PURPOSE: Modify rules, as necessary, to clarify operating procedures of the Board.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Bargaining groups and processors.


UMBRELLA/UNIT: 01-026
AGENCY: Board of Pesticides Control
AGENCY CONTACT PERSON: Linda Smith Dyer, Deputy Commissioner, 28 State House Station, Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULEMAKING ACTIVITY:

CHAPTER 10: Definitions and Terms
STATUTORY AUTHORITY: 22 MRSA Section 1471
PURPOSE: In 1996, the Board consolidated all definitions of rules in this Chapter. This Chapter will be undergoing rulemaking each time a new definition is added to one of the subsequent chapters.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: All individuals and businesses affected by the Boardžs rules.

CHAPTER 20: Special Provisions
STATUTORY AUTHORITY: 22 MRSA Section 1471
PURPOSE: The Board may amend the current Chapter to include specific duties which an employer must do to protect their employees from occupational exposure to pesticides. Many of the amendments will be modeled on the 1992 Federal Worker Protection Standard.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: All business which use pesticides and have one or more employees.

CHAPTER 21: Pesticide Container Disposal and Storage
STATUTORY AUTHORITY: 22 MRSA Section 1471
PURPOSE: The Board may make amendments to reflect current practices regarding payment of deposits, issuance of stickers, and submission of affidavits.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Pesticide applicators and dealers.

CHAPTER 22: Standards for Outdoor Application of Pesticides by Powered Equipment in Order to Minimize Off-Target Deposition
STATUTORY AUTHORITY: 7 MRSA Section 601 and 22 MRSA Section 1471
PURPOSE: The Board may make amendments to this chapter which affects all applicators making outdoor applications with powered application equipment.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: All applicators making outdoor applications with powered application equipment.

CHAPTER 24: Pesticide Storage Facility Standards/Pesticide Distributors
STATUTORY AUTHORITY: 22 MRSA Section 1471-O and 7 MRSA Section 610(2)(B)
PURPOSE: The Board may amend its current regulations dealing with the siting, design and operating standards for Pesticide Storage Facilities and self-service sales areas for Pesticide Distributors.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Pesticide Distributors.

CHAPTER 28: Notification Provisions for Outdoor Pesticide Applications
STATUTORY AUTHORITY: 22 MRSA Section 1471-M(2)(D)
PURPOSE: The Board may amend this rule which was adopted in 1998 to establish a registry for persons who wish to be notified of outdoor pesticide applications in their vicinity. It established mechanisms for notifying applicators (commercial and homeowner) in the area of a person on the registry. This rule also establish fees for persons to be on the registry.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Persons who believe they are sensitive to pesticides benefit greatly. Regulated parties include all commercial pesticide applicators and anyone who applies pesticides outdoors in the vicinity of persons on the registry.

CHAPTER 29. Standards for Water Quality Protection
STATUTORY AUTHORITY: 22 MRSA Section 1471-M(2)(D)
PURPOSE: The Board may amend this rule which was adopted in April, 1999 to protect surface water by establishing a set back from water bodies during mixing and loading operations. It also established requirements for securing containers on sprayers and support vehicles, and requiring prompt clean up of any spills within the set back area.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Commercial and private pesticide applicators.

CHAPTER 31 and 35: Certification and Licensing Requirements for Commercial Applicators and Spray Contracting Firms
STATUTORY AUTHORITY: 22 MRSA Section 1471-D
PURPOSE: The Board has already decided to amend the current regulations dealing with the certification and licensing of commercial applicators and spray contracting firms. The Board is proposing to switch these licenses to a two year renewal period and further define the term "under the direct supervision of a certified applicator."
ANTICIPATED SCHEDULE: Prior to December, 1999
AFFECTED PARTIES: All commercial applicators and spray contracting firms licensed by the Board.

CHAPTER 31, 32, 34, 35 and 36: Certification and Licensing Requirements for Applicators, Dealers, Firms, Monitors and Spotters
STATUTORY AUTHORITY: 22 MRSA Section 1471
PURPOSE: The Board may amend any of its current regulations dealing with the examination, certification, licensing, and relicensing of applicators dealers and firms.
ANTICIPATED SCHEDULE: Prior to June 30, 2000
AFFECTED PARTIES: All persons licensed by the Board.

CHAPTER 40: State Restricted Pesticide List
STATUTORY AUTHORITY: 7 MRSA Section 106 and 22 MRSA Section 1471
PURPOSE: The Board may update its Restricted Use List by including products restricted by the US Environmental Protection Agency, deleting products that are no longer registered, and modifying it as a result of the Board's registration review process, if necessary. Also, this action may add any products which present a threat to ground water.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Pesticide manufacturers, pesticide applicators, and environmental groups interested in pesticide issues.

CHAPTER 41: Special Restrictions
STATUTORY AUTHORITY: 7 MRSA Section 601 and 22 MRSA Section 1471
PURPOSE: The Board may amend these Chapters to place additional use restrictions on pesticides which are identified as groundwater contaminants. This Board may also propose amendments to this Chapter to place additional restrictions on products identified as potential risks by the health or environmental review processes.
ANTICIPATED SCHEDULE: Prior to July 2000
AFFECTED PARTIES: All applicators making outdoor applications and environmental groups.

CHAPTER 50: Reporting Requirements for Applicators and Dealers
STATUTORY AUTHORITY: 22 MRSA Section 1471
PURPOSE: The Board may amend current regulations to require all private applicators to report pesticide use to the Board, annually. This action will also amend the sales reporting requirements for pesticide dealers in Maine.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: All private and commercial applicators, dealers, and consumer or environmental groups.

CHAPTER 51: Notice of Aerial Pesticide Applications.
STATUTORY AUTHORITY: 22 MRSA Section 1471
PURPOSE: The Board may amend the current regulations dealing with forest insect, ornamental plant, rights-of-way, other forest pests, biting flies, other public health pests and aerial applications.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Aerial applicators, paper company and utility officials, and environmental groups.

CHAPTER 60. Designation of Critical Pesticide Control Area.
STATUTORY AUTHORITY: 22 MRSA Section 1471 - M (4)
PURPOSE: The Board has received one petition requesting a one-half mile critical pesticide control area be established in Hope and expects to receive another for 500 feet around a resident of Gorham. The petitions request that pesticide use be severely restricted in the designated areas in order to protect the health of persons who believe they are adversely impacted by exposure to pesticides.
ANTICIPATED SCHEDULE: Prior to January, 2000
AFFECTED PARTIES: In Hope it will be a blueberry grower and the 37 other property owners who would be prohibited from applying pesticides or hiring a commercial applicator to treat their property. In Gorham, it would only impact the two neighbors who immediately abut the petitioneržs property.

NEW RULE: Standards for Indoor Applications of Pesticides
STATUTORY AUTHORITY: 22 MRSA Ch. 258-1 1471
PURPOSE: The Board has an advisory committee that is expected to recommend minimum standards that indoor applicators must follow in maintaining their equipment; providing notice to residents, employees or visitors of the building to be treated; and making applications in a manner to minimize human exposure to any applied pesticide.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Pesticide control operators, indoor plantscapers, greenhouse operators and persons such as retail food chain managers and innkeepers who utilize their services, as well as public health advocates.

NEW RULE: Pesticide Use Reduction
STATUTORY AUTHORITY: 22 MRSA Section 1471-O and 7 MRSA Section 610(2)(B)
PURPOSE: This action would create regulations to facilitate pesticide use reduction programs in the State of Maine.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: All users of pesticides in the state.

NEW RULE: Notice of Pesticide Applications by Ground Applicators
STATUTORY AUTHORITY: 22 MRSA Section 1471
PURPOSE: These regulations will establish requirements so that ground applicators will have to provide notification to abutters and the general public in a manner similar to that required for aerial applicators.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: All commercial and private applicators, environmental groups, and any citizens interested in having their land sprayed.

NEW RULE: Standards for Buffers Around Surface Water Bodies
STATUTORY AUTHORITY: 22 MRSA Section 1471
PURPOSE: This action would establish minimum distances an applicator must observe as a no-spray zone when applying pesticides adjacent to bodies of surface water.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Pesticide manufacturers, outdoor applicators and environmental groups.

NEW RULE: Pesticide Storage Facility Standards/Commercial Applicators
STATUTORY AUTHORITY: 22 MRSA Section 1471-O and 7 MRSA Section 610(2)(B)
PURPOSE: This action would establish regulations dealing with the siting, design, construction and operating standards for Pesticide Storage Facilities belonging to Commercial Applicators.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Commercial applicators.

NEW RULE: Pesticide Storage Facility Standards/Warehouse Retailers
STATUTORY AUTHORITY: 22 MRSA Section 1471-O and 7 MRSA Section 610(2)(B)
PURPOSE: This action would establish standards for the display and storage of pesticides in self-service sales areas by warehouse retailers.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Pesticide dealers with self-service sales areas.


UMBRELLA/ UNIT: 01-303
AGENCY: Pull Events Commission
CONTACT PERSON: Linda Smith Dyer, Deputy Commissioner, 28 State House Station, Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULEMAKING ACTIVITY:

CHAPTER 01-303-015: Rules for Pull Superintendent Certification
STATUTORY AUTHORITY: 7 MRSA Section 75
PURPOSE: Make necessary changes to ensure pull superintendents are competent.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Fairs and pulling events.


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