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State of Maine

01
Department of Agriculture, Food and Rural Resources

2000-2001 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


AGENCY UMBRELLA-UNIT NUMBER: 01-001
AGENCY NAME: Department of Agriculture, Food and Rural Resources

CONTACT PERSON: Peter N. Mosher, Acting Deputy Commissioner, 28 State House Station, Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULEMAKING ACTIVITY:

CHAPTER 4 and 20: Procedures for Adoption of Apple Market Orders and Agreements, and Apple Market Order.
STATUTORY AUTHORITY: 7 MRSA Section(s) 0421-430
PURPOSE: Make needed changes to improve the functioning of the Apple Market Order.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Apple orchardists.

CHAPTER 11: Rules of Procedure Governing Award of Dates for Agricultural Fairs
STATUTORY AUTHORITY: 7 MRSA Section(s) 65
PURPOSE: Assign fair dates, as needed.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Fair operators.

CHAPTER 26: Blueberry Marketing Order
STATUTORY AUTHORITY: 7 MRSA Section(s) 421-430
PURPOSE: Modify grade and other standards as needed.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Fresh blueberry packers.

CHAPTER 31: Rules for Operation of the Potato Marketing Improvement Fund
STATUTORY AUTHORITY: 7 MRSA Section(s) 974 (1)D
PURPOSE: Amend rules as needed.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Borrowers.

CHAPTER 60: Maine Milk Pool Administrative Rules
STATUTORY AUTHORITY: 7 MRSA Section(s) 3154
PURPOSE: Sets annual fee for administering the Pool, requirements for operation, and variable penalty fees, as appropriate.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Farmers.

CHAPTER 91: Rules for the Administration of the Right to Farm Law
STATUTORY AUTHORITY: 17 MRSA Section(s)2805
PURPOSE: To establish procedures for responding to, investigating, reporting on , and resolving complaints involving a farm or a farm operation.
ANTICIPATED SCHEDULE: Prior to June, 2001.
AFFECTED PARTIES: Farmers, Farm Operation Owners, Adjacent landowners, Municipal officials, Government Agencies.

CHAPTER 122: Fee Schedule for Inspection of Agricultural Commodities
STATUTORY AUTHORITY: 7 MRSA Section(s) 12, 441, 446, 951B, 1033A
PURPOSE: Change inspection fee levels to reflect current costs of providing services.
ANTICIPATED SCHEDULE: Prior to June 2001
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 Section(s) 951 and 1033-A(3)
PURPOSE: Modifies rules governing potato packaging.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Potato farmers, packers, and shippers.

CHAPTER 126: Official Use of Blue, White & Red State Trademark
STATUTORY AUTHORITY: 7 MRSA Section(s) 441 and 443
PURPOSE: Modify standards as necessary.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensed packers.

CHAPTER 127: Maple Syrup Requirements--Blue, White and Red State Trademark
STATUTORY AUTHORITY: 7 MRSA Section(s) 441 and 443
PURPOSE: Modify standards as needed.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensed packers.

CHAPTER 135: Official Use of the State of Maine Quality Trademark
STATUTORY AUTHORITY: 7 MRSA Section(s) 441 and 443
PURPOSE: Modify rules on use and fees for users of the Maine Quality Trademark.
ANTICIPATED SCHEDULE: Prior to July, 2001
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 Section(s) 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 July, 2001
AFFECTED PARTIES: Milk dealers.

CHAPTER 206: Prevention, Control, and Eradication of Diseases of Domestic
Animals and Poultry
STATUTORY AUTHORITY: 7 MRSA Section(s) 1752
PURPOSE: Revised regulations relating to disease control in domestic animals and poultry, as needed.
ANTICIPATED SCHEDULE: December 2001
AFFECTED PARTIES: Owners of domestic animals and avian species.

CHAPTER 213: Rules Governing the Disposal of Animal Carcasses
STATUTORY AUTHORITY: 7 MRSA Section(s) 1752, 1817, 1818; 17 MRSA Section(s)2805.
PURPOSE: Issue rules that would describe how to safely dispose of animals that die on farms.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Farmers, abutters, government agencies.

CHAPTER 218: Rules for Boarding Stables, Commercial Riding Facilities, and Equine Activities
STATUTORY AUTHORITY: 7 MRSA Section(s) 4101-4104
PURPOSE: Establishes health and welfare standards for commercial boarding stables, commercial riding facilities, and equine activities.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Commercial equine business.

CHAPTER 220: Importation of Certain Deer into Maine
STATUTORY AUTHORITY: 7 MRSA Section(s) 1331 (6)
PURPOSE: Would expand the definition of domesticated deer to include Sika Deer.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Venison Farmers.

CHAPTER 226: Rule Defining Prohibited Substances in Animals Competing in Pulling Events and Livestock Exhibitions.
STATUTORY AUTHORITY: 7 MRSA Section(s) 74A
PURPOSE: Defines substances that are prohibited in animals at pulling events and exhibitions.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Persons with animals competing in pulling events and livestock exhibitions.

CHAPTER 255: Imported Seed Potatoes
STATUTORY AUTHORITY: 7 MRSA Section(s) 2101-2105
PURPOSE: Establish or amend standards required for the importation of seed potatoes for planting within Maine.
ANTICIPATED SCHEDULE: Prior to May, 2001
AFFECTED PARTIES: Potato farmers, dealers, buyers, and shippers of imported seed.

CHAPTER 259: Minimum Standards for Planting Potatoes.
STATUTORY AUTHORITY: 7 MRSA Section(s) 951-A
PURPOSE: Modify standards as necessary.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Potato farmers who plant at least 1 acre.

CHAPTER 266: Hemlock Woolly Adelgid
STATUTORY AUTHORITY: 7 MRSA Section(s) 2301-2303
PURPOSE: Ammend the quarantine against the Hemlock Woolly Adelgid; specifies the requirements to import logs and nursery stock from infested areas; and specifies the state s authority if infested materials are found in Maine.
ANTICIPATED SCHEDULE: Prior to January, 2001
AFFECTED PARTIES: Saw mills, nurseries, and the general public.

CHAPTER 270: Maine Apiary Rules and Regulations
STATUTORY AUTHORITY: 7 MRSA Section(s) 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, 2001
AFFECTED PARTIES: Beekeepers, blueberry and apple producers, and the
general public.

CHAPTER 321: Milk
STATUTORY AUTHORITY: 7 MRSA Section(s)2910
PURPOSE: Rules governing the inspection of milk
ANTICIPATED SCHEDULE: Prior to July 1, 2001
AFFECTED PARTIES: Dairy farmers and Maine dairies

CHAPTER 322: Frozen Dessert Products Standards and Regulations
STATUTORY AUTHORITY: 7 MRSA Section(s)2910
PURPOSE: Standards for frozen desserts
ANTICIPATED SCHEDULE: Prior to July 1, 2001
AFFECTED PARTIES: Dairy farmers and Maine dairies

CHAPTER 324: Bacteriological and Other Quality of Testing Milk
STATUTORY AUTHORITY: 7 MRSA Section(s)2910
PURPOSE: Rules for testing milk to ensure quality
ANTICIPATED SCHEDULE: Prior to July 1, 2001
AFFECTED PARTIES: Dairy farmers and Maine dairies

CHAPTER 325: Cheese and Other Fermented Milk Products
STATUTORY AUTHORITY: 7 MRSA Section(s)2910
PURPOSE: Rules governing the inspection, licensing and testing of cheese and other fermented milk products
ANTICIPATED SCHEDULE: Prior to July 1, 2001
AFFECTED PARTIES: Dairy farmers and Maine dairies

CHAPTER 326: Operating Permits for Commercial Dairy Farms
STATUTORY AUTHORITY: 7 MRSA Section(s)2910
PURPOSE: Standards for receiving operating permit
ANTICIPATED SCHEDULE: Prior to July 1, 2001
AFFECTED PARTIES: Dairy farmers and Maine dairies

CHAPTER 327: Light/Lite Dairy Products
STATUTORY AUTHORITY: 7 MRSA Section(s)2910
PURPOSE: Rules establishing standards for light/lite dairy products
ANTICIPATED SCHEDULE: Prior to July 1, 2001
AFFECTED PARTIES: Dairy farmers and Maine dairies

CHAPTER 329: RULE GOVERNING MAINE MILK AND MILK PRODUCTS
STATUTORY AUTHORITY: 7 MRSA 2910
PURPOSE: Anticipate federal laws and rules may change requiring the rule to be revised.
ANTICIPATED SCHEDULE: After January 1, 2001

CHAPTER 331: Retail Food Establishments
STATUTORY AUTHORITY: 7 MRSA Section(s) 12, 10 MRSA Section(s) 2625, 22 MRSA Section(s) 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 July, 2001
AFFECTED PARTIES: Retail food stores.

CHAPTER 341: Bakeries (Commercial, Retail and Distributors)
STATUTORY AUTHORITY: 10 MRSA Section(s) 2625, 22 MRSA Section(s) 2153, 2157.9B, 2166 and 2169
PURPOSE: Revise regulations to reflect current processing and sanitation requirements.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Commercial Bakeries.

CHAPTER 342: Cider and Apple Juice Plants
STATUTORY AUTHORITY: 10 MRSA Section(s) 2625, 22 MRSA Section(s) 2153, 2154, 2167, 2168 and 2169
PURPOSE: Revise regulations to reflect food safety concerns.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Cider and juice producers.

CHAPTER 343: Food Processing Manufacturing
STATUTORY AUTHORITY: 22 MRSA Section(s) 2167, 2168 and 2169.
PURPOSE: Revise regulations to reflect current manufacturing and processing technology and practices.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Manufacturing and processors of food, including shellfish.

CHAPTER 344: Food Storage Warehouses
STATUTORY AUTHORITY: 22 MRSA Section(s) 2167-2169
PURPOSE: Clarify changes resulting from 1990 revisions.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Operators of food storage facilities.

CHAPTER 345: Home Food Manufacturing
STATUTORY AUTHORITY: 10 MRSA Section(s) 2625, 22 MRSA Section(s) 2153, 2157.9B, 2168, 2169 and 2176
PURPOSE Revise standards to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Home food manufacturers and processors.

CHAPTER 346: Mobil Vendors
STATUTORY AUTHORITY: 10 MRSA Section(s) 2625, 22, MRSA Section(s) 2153, 2157.9B, 2167, 2168 and 2169
PURPOSE: Revise standards to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Mobile vendors.

CHAPTER 347: Maple Syrup Processing
STATUTORY AUTHORITY: 10 MRSA Section(s) 2625, 22 MRSA Section(s) 2153, 2154, 2167, 2168 and 2164
PURPOSE: Maintain sanitary procedures in the maple syrup production process.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Maple syrup produces.

CHAPTER 348: Bulk Food Regulations
STATUTORY AUTHORITY: 22 MRSA Section(s) 2151, 2153 and 2154
PURPOSE: Clarify bulk food regulations.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Retailers of bulk food products.

CHAPTER 350: Self-Service Salad Bars and Hot Foods in Retail Establishments
STATUTORY AUTHORITY: 10 MRSA Section(s) 2625, 22 MRSA Section(s) 2153, 2167, 2168 and 2169
PURPOSE: Revise regulations to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Operators of self-service salad bars.

CHAPTER 351: Packaged Ice Manufacturing and Processing
STATUTORY AUTHORITY: 10 MRSA Section(s) 2625, 22 MRSA Section(s) 2153, 2167, 2168, and 2169
PURPOSE: Clarify current ice manufacturing regulations.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Manufacturers of ice.

CHAPTER 352: Fallow Deer Processing
STATUTORY AUTHORITY: 7 MRSA Section(s) 1331 (6)
PURPOSE: Clarify fallow deer processing regulations.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Processors of fallow deer.

CHAPTER 353: Licensing of Domestic Deer for Food
STATUTORY AUTHORITY: 7 MRSA Section(s) 1331
PURPOSE: Clarify existing rule.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Domesticated deer producers.

CHAPTER 357: Food Salvage
STATUTORY AUTHORITY: 22 MRSA Section(s) 2153 and 2169
PURPOSE: Revise regulations to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Food salvage operators.

CHAPTER 358: Manufacturing of Potentially Hazardous Foods
STATUTORY AUTHORITY: 22 MRSA Section(s) 2151 and 2153
PURPOSE: Revise regulations to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to July, 2001
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 Section(s) 1851 and 2153
PURPOSE: Revise regulations to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to July, 2001
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 Section(s) 1861-1872
PURPOSE: Make changes needed to facilitate operation of Maine s bottle bill.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Manufacturers, distributors, and dealers of returnable beverage containers; redemption centers

CHAPTER 560: Standards for Compost Products
STATUTORY AUTHORITY: 5 MRSA Section(s) 3, Sub-1812-c
PURPOSE: To clearly outline quality characteristics of compost product for different purposes.
ANTICIPATED SCHEDULE: Prior to July, 2001
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(s) 4206
PURPOSE: To update the Nutrient Management Rules and to amend it to clarify some provisions of the Nutrient Management Program like variances, appeals and grant money allocation
ANTICIPATED SCHEDULE: Prior to June, 2001.
AFFECTED PARTIES: Farmers, Farm Operation Owners, Nutrient Management Certified Planners, Nutrient Management Review Board, Government Agencies.

CHAPTER 600: Rules regarding disposal of cull potato piles
STATUTORY AUTHORITY: 7 MRSA Section(s) 1007-A
PURPOSE: To update the rules regarding disposal of cull potato piles and to amend it to include some revisions on ongoing disposal sites.
ANTICIPATED SCHEDULE: Prior to December, 2001.
AFFECTED PARTIES: potato farmers, Department of Agriculture, Food and Rural Resources

CHAPTER 701: Rules Governing Animal Welfare
STATUTORY AUTHORITY: 7 MRSA Section(s) 3906-B Sub-Section 10
PURPOSE: Statutory language may be updated during 120th Legislative Session resulting in rule changes.
ANTICIPATED SCHEDULE: After July 1, 2001

New Rule: Preparation of Livestock and poultry Products for Human Consumption
STATUTORY AUTHORITY: 22 MRSA Section(s) 2513
PURPOSE: Adopt rules, as needed, for the implementation of a State of Maine meat inspection program.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Operators of slaughterhouses, meat processing plants and meat retailers.

CHAPTER (# to be assigned): Organic Food Certification
STATUTORY AUTHORITY: 7 MRSA Section(s) 562-A
PURPOSE: Institute rules, as needed, for operation of independent organic food certification programs in Maine.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Organic farmers and certifying organizations.

CHAPTER (# to be assigned) : Rules Governing the Handling, Processing, Storing and Shipping of Sea Urchins
STATUTORY AUTHORITY: 22 MRSA Section(s) 2151 et seq.
PURPOSE: Establishes sanitary standards for operations involving sea urchins.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Sea urchin processors, shippers and buyers.

CHAPTER (# to be assigned): Controlled Atmosphere Storage for Apples
STATUTORY AUTHORITY: 7 MRSA Section(s) 539-543
PURPOSE: Establish and/or modify standards as needed.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Orchardists.

CHAPTER (# to be assigned): Genetic Engineering Oversight
STATUTORY AUTHORITY: 7 MRSA Section(s) 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 July, 2005
AFFECTED PARTIES: Companies and researchers doing experiments with plant or animal biotechnology and the general public.

NEW RULE: Rules for Operation of the Agricultural Marketing Loan Fund
STATUTORY AUTHORITY: 7 MRSA Section(s) 437
PURPOSE: Establishes rules for the operation of the Agricultural Marketing Loan Fund.
ANTICIPATED SCHEDULE: Prior to December, 2001
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, 2001
AFFECTED PARTIES: Borrowers.

NEW RULE: Rules Governing the Licensing and Conduct of Arborists in the State of Maine
STATUTORY AUTHORITY: 7 MRSA Section(s) 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 2001
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(s) 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, 2001
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 Section(s) 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 October, 2001
AFFECTED PARTIES: Potato farmers in Maine.

NEW RULE: Governing the Maine Dairy Inspection Program
STATUTORY AUTHORITY: 7 MRSA Section(s) 2910
PURPOSE: Rule will replace and consolidate Chapters 321, 322, 324, 326, and 327
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Dairy farmers and Maine dairies.

Amendment to Regulatory Agenda for
Department of Agriculture, Food and Rural Resources.
October 17, 2000

CHAPTER 763:Rules for the Administration of the Maine Farms for the Future Program
STATUTORY AUTHORITY: 7 MRSA c. 10-B Section(s) 317, 318, 319, 320
Purpose: to establish guidelines and procedures for farmers applying to the program for assistance in developing business plans, and to establish the roles and administrative responsibilities of the department and any contracted service providers.
ANTICIPATED SCHEDULE: Prior to June 2001
AFFECTED PARTIES: Farmers, Department of Agriculture, Food and Rural Resources, and outside contractors.


AGENCY UMBRELLA-UNIT: 01-013
AGENCY NAME: Department of Agriculture Food and Rural Resources, Maine Potato Marketing Committee
CONTACT PERSON: Peter N. Mosher, Acting Deputy Commissioner, 28 State House Station, Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULEMAKING ACTIVITY:

CHAPTER 2: Marketing Order--Russet Potatoes
STATUTORY AUTHORITY: 7 MRSA Section(s) 991-1006
PURPOSE: Modify grade standards as needed.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Potato farmers, packers and shippers.

CHAPTER 5: Official Designation of Maine Bag Logo
STATUTORY AUTHORITY: 7 MRSA Section(s) 1035
PURPOSE: Make needed changes in rules to reflect current practices.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Potato farmers, packers, and shippers.


UMBRELLA/UNIT NUMBER: 01-015
AGENCY: Maine Milk Commission
CONTACT PERSON: Peter N. Mosher, Acting Deputy Commissioner, 28 State House Station, Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA : none

EXPECTED 2000-2001 RULEMAKING ACTIVITY:

CHAPTER 1: Minimum Retail Pricing of Bulk Containers
STATUTORY AUTHORITY: 7 MRSA Section(s) 2953-2954
PURPOSE: Set minimum retail price for bulk containers to cover sales for home delivery and grocery stores.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Dealers, retailers, and consumers.

CHAPTER 1: Payment by Dealers and Retailers and Others
STATUTORY AUTHORITY: 7 MRSA Section(s) 2953-2954
PURPOSE: Set dates and minimums when payment for milk received must be made.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Milk dealers, retailers and others.

CHAPTER 1: Integrated Operations
STATUTORY AUTHORITY: 7 MRSA Section(s) 2953-2954
PURPOSE: Set minimum controls for integrated operations.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Producers, dealers and retailers.

CHAPTER 1: Late Payment Penalty
STATUTORY AUTHORITY: 7 MRSA Section(s) 2953-2954
PURPOSE: Set variable penalty fee on late payments to Commission.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Farmers and dealers.

CHAPTER 1: Base Rating-- Quota Plan
STATUTORY AUTHORITY: 7 MRSA Section(s) 2953-2954
PURPOSE: Set producer production base or quota production.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Farmers.

CHAPTER 1: Milk Balancing
STATUTORY AUTHORITY: 7 MRSA Section(s) 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, 2001
AFFECTED PARTIES: Farmers, dealers and consumers.

CHAPTER 1: Interstate Conference and Compacts
STATUTORY AUTHORITY: 7 MRSA Section(s) 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, 2001
AFFECTED PARTIES: Any or all segments of the dairy industry.

CHAPTER 2: Hearing Procedures
STATUTORY AUTHORITY: 7 MRSA Section(s) 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, 2001
AFFECTED PARTIES: Commission, intervenors and industry.

CHAPTER 3: Monthly Minimum Milk Prices
STATUTORY AUTHORITY: 7 MRSA Section(s) 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: Milk Commission Monthly Forms
STATUTORY AUTHORITY: 7 MRSA Section(s) 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 4: Marketing Areas
STATUTORY AUTHORITY: 7 MRSA Section(s) 2953-2954
PURPOSE: Set new marketing areas based on new information and latest buying or selling practices in State.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Farmers, dealers, consumers and retailers.

CHAPTER 6: Inspection of Records, Books and Accounts
STATUTORY AUTHORITY: 7 MRSA Section(s) 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, 2001
AFFECTED PARTIES: Farmers, dealers and retailers.

CHAPTER 7: Advisory Rulings
STATUTORY AUTHORITY: 7 MRSA Section(s) 8051-9001
PURPOSE: Issue advisory rulings and state procedures to be followed.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Farmers, dealers, consumers and retailers.

CHAPTER 11: Dealer and Subdealer Route Information Reports
STATUTORY AUTHORITY: 7 MRSA Section(s)2954
PURPOSE: Require dealers to report special route delivery information.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Dealers and consumers.

CHAPTER 11: Hauling and Transportation Costs
STATUTORY AUTHORITY: 7 MRSA Section(s) 2953-2954
PURPOSE: Set minimums/maximums on hauling and transportation cost.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Farmers, dealers, retailers, and consumers.

CHAPTER 13 and 27: Retail Margins
STATUTORY AUTHORITY: 7 MRSA Section(s) 2953-2954
PURPOSE: Set new minimum retail margins according to cost study and hearing testimony.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Retailers and consumers.

CHAPTER 14: 30 Days Notice
STATUTORY AUTHORITY: 7 MRSA Section(s) 2953-2954
PURPOSE: Minimum number of days notice required before a producer can be dropped by a Maine dealer.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Farmers and dealers.

CHAPTER 20: Prevention of Destructive Competition
STATUTORY AUTHORITY: 7 MRSA Section(s)2981 et seq.
PURPOSE: Prohibits predatory pricing.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Farmers, dealers, retailers, and milk consumers.

CHAPTER 26: Producer Cost
STATUTORY AUTHORITY: 7 MRSA Section(s) 2953-2954
PURPOSE: Set minimum producer price based on Federal order and actual cost of production.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Producers, dealers, retailers and consumers.

CHAPTER 28: Milk Promotion
STATUTORY AUTHORITY: 7 MRSA Section(s)2954
PURPOSE: Establish guidelines for promotions of milk.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Farmers, dealers, retailers and consumers.

CHAPTER 29: Dealer Margins
STATUTORY AUTHORITY: 7 MRSA Section(s) 2953-2954
PURPOSE: Set new minimum dealer margins based on latest cost study and public hearings and testimony.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Dealers and consumers.


AGENCY UMBRELLA-UNIT: 01-017
AGENCY NAME: Maine Department of Agriculture, Food and Rural Resources, State Harness Racing Commission
CONTACT PERSON: Peter N. Mosher, Acting Deputy Commissioner, 28 State House Station, Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULEMAKING ACTIVITY:

CHAPTER 1 through 21: Harness Racing Rule Recodification and Revision
STATUTORY AUTHORITY: 8 MRSA Section(s) 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: July 1, 2000 - October 1, 2001
AFFECTED PARTIES: Harness horse owners, track owners and operators, and those affiliated with the harness racing industry.


AGENCY UMBRELLA-UNIT: 01-019
AGENCY NAME: Maine Department of Agriculture Food and Rural Resources, Soil and Water Conservation Commission
CONTACT PERSON: Peter Mosher, Acting Deputy Commissioner, 28 State House Station, Augusta, Maine 04333-0028
EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULEMAKING ACTIVITY: none


AGENCY UMBRELLA-UNIT: 01-020
AGENCY NAME: Maine Department of Agriculture, Food and Rural Resources, Maine Agricultural Bargaining Board
CONTACT PERSON: Peter N. Mosher, Acting Deputy Commissioner, 28 State House Station, Augusta, Maine 04333-0028
EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULEMAKING ACTIVITY:

CHAPTER 3: Rules of Procedure for the Maine Agricultural Bargaining Board
STATUTORY AUTHORITY: 13 MRSA Section(s) 1956.6
PURPOSE: Modify rules, as necessary, to clarify operating procedures of the Board.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Bargaining groups and processors.


AGENCY UMBRELLA-UNIT: 01-026
AGENCY NAME: Maine Department of Agriculture, Food, and Rural Resources, Board of Pesticides Control
AGENCY CONTACT PERSON: Peter N. Mosher, Acting Deputy Commissioner, 28 State House Station, Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULEMAKING ACTIVITY:

CHAPTER 10: Definitions and Terms
STATUTORY AUTHORITY: 22 MRSA Section(s) 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, 2001
AFFECTED PARTIES: All individuals and businesses affected by the Board s rules.

CHAPTER 20: Special Provisions
STATUTORY AUTHORITY: 22 MRSA Section(s) 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, 2001.
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(s) 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, 2001
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(s) 601 and 22 MRSA Section(s) 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, 2001.
AFFECTED PARTIES: All applicators making outdoor applications with powered application equipment.

CHAPTER 24: Pesticide Storage Facility Standards/Pesticide Distributors
STATUTORY AUTHORITY: 22 MRSA Section(s) 1471-O and 7 MRSA Section(s) 610(2)(B)
PURPOSE: The Board has received letters expressing concern that odors and spilled chemicals may represent a health risk for both employees and customers who enter the self-service display areas of general use pesticide dealers. The Board may find it necessary to establish standards for the display and storage of pesticides in these retail areas.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Pesticide dealers with self-service sales areas.

CHAPTER 28: Notification Provisions for Outdoor Pesticide Applications
STATUTORY AUTHORITY: 22 MRSA Section(s) 1471-M(2)(D)
PURPOSE: The Board may amend this rule which was adopted in 1998 and amended in 2000 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, 2001.
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(s) 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, 2001.
AFFECTED PARTIES: Commercial and private pesticide applicators.

CHAPTER 31, 32, 34, 35 and 36: Certification and Licensing Requirements for Applicators, Dealers, Firms, Monitors and Spotters
STATUTORY AUTHORITY: 22 MRSA Section(s) 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, 2001.
AFFECTED PARTIES: All persons licensed by the Board.

CHAPTER 40: State Restricted Pesticide List
STATUTORY AUTHORITY: 7 MRSA Section(s) 106 and 22 MRSA Section(s) 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, 2001.
AFFECTED PARTIES: Pesticide manufacturers, pesticide applicators, and environmental groups interested in pesticide issues.

CHAPTER 41: Special Restrictions
STATUTORY AUTHORITY: 7 MRSA Section(s) 601 and 22 MRSA Section(s) 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 2001.
AFFECTED PARTIES: All applicators making outdoor applications and environmental groups.

CHAPTER 50: Reporting Requirements for Applicators and Dealers
STATUTORY AUTHORITY: 22 MRSA Section(s) 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, 2001.
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(s) 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, 2001.
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(s) 1471 - M (4)
PURPOSE: Upon receipt of a petition, the Board would be required to consider restricting pesticide usage within a designated area to protect public health, threatened or endangered species or their habitat, surface or ground water, or other environmental resources.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Persons living within the requested area and all applicators wishing to do business within the designated zone.

NEW RULE: Pesticide Use Reduction
STATUTORY AUTHORITY: 22 MRSA Section(s) 1471-O and 7 MRSA Section(s) 610(2)(B)
PURPOSE: The Board has two advisory committees that are studying ways to implement the 1997 state policy to minimize reliance on pesticides. On a national level, there is considerable interest in increasing the use of integrated pest management for applications made to both school buildings and grounds. The Board may therefore be requested to initiate rulemaking to facilitate pesticide use reduction programs in the State of Maine.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: All users of pesticides as well as the general public.

NEW RULE: Standards for Buffers Around Surface Water Bodies
STATUTORY AUTHORITY: 22 MRSA Section(s) 1471
PURPOSE: The Board is continuing to conduct water monitoring as part of its participation in the Atlantic Salmon Conservation Plan. Depending on sampling results, the Board may be requested to 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, 2001.
AFFECTED PARTIES: Pesticide manufacturers, outdoor applicators, persons owning land next to surface water bodies and environmental groups.


AGENCY UMBRELLA-UNIT: 01-303
AGENCY NAME: Maine Department of Agriculture, Food and Rural Resources, Pull Events Commission
CONTACT PERSON: Deputy Commissioner, 28 State House Station, Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULEMAKING ACTIVITY:

CHAPTER 01-303-015: Rules for Pull Superintendent Certification
STATUTORY AUTHORITY: 7 MRSA Section(s) 75
PURPOSE: Make necessary changes to ensure pull superintendents are competent.
ANTICIPATED SCHEDULE: Prior to December, 2001
AFFECTED PARTIES: Fairs and pulling events.

CHAPTER: 01-303-015: Rules for Pull Superintendent Certification
STATUTORY AUTHORITY: 7 MRSA Section(s) 75
PURPOSE: Anticipate revising rule based on Pull Events Commission recommendations.
ANTICIPATED SCHEDULE: Prior to July 1, 2001
AFFECTED PARTIES: Fairs and pulling events.


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