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01 - Department of Agriculture, Food and Rural Resources
2001-2002 Regulatory Agenda
001 - The Department - General
UMBRELLA-UNIT NUMBER:
01-001
AGENCY NAME: Department of Agriculture, Food and Rural Resources
- General
CONTACT PERSON:
Edwin R. Porter, Deputy Commissioner, 28 State House Station, Augusta,
Maine 04333-0028
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2001-2002
RULEMAKING ACTIVITY:
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 July, 2002
AFFECTED PARTIES: Farmers, abutters, government agencies.
CHAPTER 565:
Nutrient Management Rules
STATUTORY AUTHORITY: 7 MRSA Section 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 July, 2002.
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 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 July, 2002.
AFFECTED PARTIES: potato farmers, Department of Agriculture, Food and
Rural Resources
CHAPTER 91:
Rules for the Administration of the Right to Farm Law
STATUTORY AUTHORITY: 17 MRSA Section 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 July, 2002.
AFFECTED PARTIES: Farmers, farm operation owners, adjacent landowners,
municipal officials, government agencies.
CHAPTER 701:
Rules Governing Animal Welfare
STATUTORY AUTHORITY: 7 MRSA Part 9
PURPOSE: To update the rules as a result of statutory changes in the
animal welfare laws made during the 120th Legislative Session.
ANTICIPATED SCHEDULE: Prior to July 1, 2002
AFFECTED PARTIES: Pet owners
CHAPTER 803:
Rules for the Election of Soil and Water Conservation District Supervisors
STATUTORY AUTHORITY: 12 MRSA Sections 101 and 102
PURPOSE: To change procedures to be followed in conducting the election
of Soil and Water Conservation District Supervisors as a result of statutory
changes.
ANTICIPATED SCHEDULE: Prior to July, 2002.
AFFECTED PARTIES: Soil and Water Conservation Districts
CHAPTER 321:
Milk
STATUTORY AUTHORITY: 7 MRSA Section 2910
PURPOSE: Rules governing the inspection of milk
ANTICIPATED SCHEDULE: Prior to July 1, 2002
AFFECTED PARTIES: Dairy farmers and Maine dairies
CHAPTER 322:
Frozen Dessert Products Standards and Regulations
STATUTORY AUTHORITY: 7 MRSA Section 2910
PURPOSE: Standards for frozen desserts
ANTICIPATED SCHEDULE: Prior to July 1, 2002
AFFECTED PARTIES: Dairy farmers and Maine dairies
CHAPTER 324:
Bacteriological and Other Quality of Testing Milk
STATUTORY AUTHORITY: 7 MRSA Section 2910
PURPOSE: Rules for testing milk to ensure quality
ANTICIPATED SCHEDULE: Prior to July 1, 2002
AFFECTED PARTIES: Dairy farmers and Maine dairies
CHAPTER 325:
Cheese and Other Fermented Milk Products
STATUTORY AUTHORITY: 7 MRSA Section 2910
PURPOSE: Rules governing the inspection, licensing and testing of cheese
and other fermented milk products
ANTICIPATED SCHEDULE: Prior to July 1, 2002
AFFECTED PARTIES: Dairy farmers and Maine dairies
CHAPTER 326:
Operating Permits for Commercial Dairy Farms
STATUTORY AUTHORITY: 7 MRSA Section 2910
PURPOSE: Standards for receiving operating permit
ANTICIPATED SCHEDULE: Prior to July 1, 2002
AFFECTED PARTIES: Dairy farmers and Maine dairies
CHAPTER 327:
Light/Lite Dairy Products
STATUTORY AUTHORITY: 7 MRSA Section 2910
PURPOSE: Rules establishing standards for light/lite dairy products
ANTICIPATED SCHEDULE: Prior to July 1, 2002
AFFECTED PARTIES: Dairy farmers and Maine dairies
CHAPTER 329:
Milk and Milk Products
STATUTORY AUTHORITY: 7 MRSA Section 2910
PURPOSE: Procedures and standards governing the inspection and examination,
licensing, permitting, testing, labeling and sanitation of milk and
milk product production and distribution
ANTICIPATED SCHEDULE: Prior to July 1, 2002
AFFECTED PARTIES: Dairy farmers and Maine dairies
CHAPTER 26:
Blueberry Marketing Order
STATUTORY AUTHORITY: 7 MRSA Sections 421-430
PURPOSE: Modify grade and other standards as needed.
ANTICIPATED SCHEDULE: Prior to July, 2002
AFFECTED PARTIES: Fresh blueberry packers.
CHAPTER 122:
Fee Schedule for Inspection of Agricultural Commodities
STATUTORY AUTHORITY: 7 MRSA Sections 12, 441, 446, 951B, 1033A
PURPOSE: Change inspection fee levels to reflect current costs of providing
services.
ANTICIPATED SCHEDULE: Prior to June 2002
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 October, 2002
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 July, 2002
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 July, 2002
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 July, 2002
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 July, 2002
AFFECTED PARTIES: Milk dealers.
CHAPTER 266:
Hemlock Woolly Adelgid
STATUTORY AUTHORITY: 7 M.R.S.A. Sections 2301-2303
PURPOSE: Amend 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 September, 2002.
AFFECTED PARTIES: Saw mills, nurseries, and the general public.
CHAPTER 270:
Maine Apiary Rules and Regulations
STATUTORY AUTHORITY: 7 M.R.S.A. 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, 2002.
AFFECTED PARTIES: Beekeepers, blueberry and apple producers, and the
general public.
CHAPTER 252:
Rules Governing Certification of Seed Potatoes in the State of Maine
STATUTORY AUTHORITY: 7 M.R.S.A. Sections 2101-2105
PURPOSE: Amend the current rules to clarify certain provisions involved
in the seed potato certification program.
ANTICIPATED SCHEDULE: Prior to July, 2002.
AFFECTED PARTIES: Seed potato producers in Maine.
CHAPTER 4 and
20: Procedures for Adoption of Apple Market Orders and
Agreements, and Apple Market Order.
STATUTORY AUTHORITY: 7 MRSA Sections 421-430
PURPOSE: Make needed changes to improve the functioning of the Apple
Market
Order.
ANTICIPATED SCHEDULE: Prior to October, 2002
AFFECTED PARTIES: Apple orchardists.
CHAPTER 259:
Minimum Standards for Planting Potatoes.
STATUTORY AUTHORITY: 7 MRSA Sections 951-A
PURPOSE: Modify standards as necessary.
ANTICIPATED SCHEDULE: Prior to July, 2002
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 July, 2002
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 July, 2002
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 July, 2002
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
thechnology and practices.
ANTICIPATED SCHEDULE: Prior to July, 2002
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 July, 2002
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 July, 2002
AFFECTED PARTIES: Home food manufacturers and processors.
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 July, 2002
AFFECTED PARTIES: Maple syrup produces.
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 July, 2002
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 July, 2002
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 July, 2002
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 July, 2002
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 July, 2002
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 July, 2002
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 July, 2002
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 July, 2002
AFFECTED PARTIES: Manufacturers, distributors, and dealers of returnable
beverage containers; redemption centers
NEW RULE CHAPTER
(# to be assigned) : Rules Governing the inspection of meat and meat
products
STATUTORY AUTHORITY: 22 MRSA Sections 2511-2527
PURPOSE: To adopt the rules necessary to implement a State meat inspection
program.
ANTICIPATED SCHEDULE: Prior to July, 2002
AFFECTED PARTIES: Slaughterhouses, producers, custom processors, and
custom slaughterhouses.
NEW RULE CHAPTER
(# to be assigned) : Rules Governing the inspection of poultry and poultry
products
STATUTORY AUTHORITY: 22 MRSA Sections 2511-2527
PURPOSE: To adopt the rules necessary to implement a State poultry inspection
program.
ANTICIPATED SCHEDULE: Prior to July, 2002
AFFECTED PARTIES: Slaughterhouses, producers, custom processors, and
custom slaughterhouses.
NEW RULE CHAPTER
(# to be assigned) : Rules Governing the labeling of foods free of genetic
engineering
STATUTORY AUTHORITY: 7 MRSA Section 530-A
PURPOSE: To adopt the rules necessary to implement a voluntary labeling
program for foods that are produced without the use of genetic engineering.
ANTICIPATED SCHEDULE: Prior to July, 2002
AFFECTED PARTIES: Processors and producers selling products produced
without the use of genetic engineering and the consuming public.
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 October, 2002
AFFECTED PARTIES: Fair operators
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 October, 2002
AFFECTED PARTIES: Borrowers.
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: Prior to October, 2002
AFFECTED PARTIES: Owners of domestic animals and avian species.
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 October, 2002
AFFECTED PARTIES: Commercial equine business.
CHAPTER
(# to be assigned): 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 July, 2002
AFFECTED PARTIES: Organic farmers and certifying organizations.
CHAPTER
(# to be assigned): 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 July, 2005
AFFECTED PARTIES: Companies and researchers doing experiments with plant
or animal biotechnology and the general public.
CHAPTER
(# to be assigned): Pine Shoot Beetle Quarantine
STATUTORY AUTHORITY: 7 M.R.S.A. Sections 2301-2303
PURPOSE: Establishes a quarantine against the Pine Shoot Beetle; specifies
the requirements to move regulated articles (pine logs, nursery stock,
etc.) from the regulated area; and specifies the state's authority if
infested materials are found in Maine.
ANTICIPATED SCHEDULE: Prior to November 1, 2002.
AFFECTED PARTIES: Saw mills, nurseries, and the general public.
CHAPTER 255:
Imported Seed Potatoes
STATUTORY AUTHORITY: 7 M.R.S.A. Sections 2101-2105
PURPOSE: Establish or amend standards required for the importation of
seed potatoes for planting within Maine.
ANTICIPATED SCHEDULE: Prior to May, 2002
AFFECTED PARTIES: Potato farmers, dealers, buyers, and shippers of imported
seed.
CHAPTER 560:
Standards for Compost Products
STATUTORY AUTHORITY: 5 MRSA '3, Sub- Section 1812-c
PURPOSE: To clearly outline quality characteristics of compost product
for different purposes.
ANTICIPATED SCHEDULE: Prior to July, 2002
AFFECTED PARTIES: Producers of bulk compost materials and state agencies
now using soil products in their programs.
CHAPTER 32:
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 October, 2002
AFFECTED PARTIES: Borrowers.
CHAPTER 751:
Definitions
STATUTORY AUTHORITY: 7 M.R.S.A. Section 2176
PURPOSE: To update the current rule concerning definitions relating
to Arborists in the State of Maine, which was transferred to the Department
of Agriculture in September of 2000 when the Arborist Examining Board
was abolished.
ANTICIPATED SCHEDULE: Prior to July, 2002.
AFFECTED PARTIES: Individuals currently licensed or wishing to become
licensed as arborists in the State of Maine.
CHAPTER 752:
Licensing
STATUTORY AUTHORITY: 7 M.R.S.A. Section 2176
PURPOSE: To update the current rule concerning licensing of Arborists
in the State of Maine, which was transferred to the Department of Agriculture
in September of 2000 when the Arborist Examining Board was abolished.
ANTICIPATED SCHEDULE: Prior to July, 2002.
AFFECTED PARTIES: Individuals currently licensed or wishing to become
licensed as arborists in the State of Maine.
CHAPTER 753:
Standard of Practice
STATUTORY AUTHORITY: 7 M.R.S.A. Section 2176
PURPOSE: To update the current rule concerning the standards of practice
of Arborists in the State of Maine, which was transferred to the Department
of Agriculture in September of 2000 when the Arborist Examining Board
was abolished.
ANTICIPATED SCHEDULE: Prior to July, 2002.
AFFECTED PARTIES: Individuals currently licensed or wishing to become
licensed as arborists in the State of Maine.
CHAPTER 754:
Enforcement and Disciplinary Procedures
STATUTORY AUTHORITY: 7 M.R.S.A. Section 2176
PURPOSE: To update the current rule concerning the enforcement and disciplinary
procedures relating to Arborists in the State of Maine, which was transferred
to the Department of Agriculture in September of 2000 when the Arborist
Examining Board was abolished.
ANTICIPATED SCHEDULE: Prior to July, 2002.
AFFECTED PARTIES: Individuals currently licensed or wishing to become
licensed as arborists in the State of Maine.
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 October, 2002
AFFECTED PARTIES: Borrowers.
NEW RULE:
Non-released Potato Varieties
STATUTORY AUTHORITY: 7 M.R.S.A. 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, 2002
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 M.R.S.A. 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 October, 2002
AFFECTED PARTIES: Potato farmers in Maine.
UMBRELLA-UNIT:
01-013
AGENCY NAME: Maine Potato Marketing Committee
CONTACT PERSON:
Edwin R. Porter, 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 Sections 991-1006
PURPOSE: Modify grade standards as needed.
ANTICIPATED SCHEDULE: Prior to July, 2002
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, 2002
AFFECTED PARTIES: Potato farmers, packers, and shippers.
UMBRELLA/UNIT NUMBER:
01-015
AGENCY: Maine Milk Commission
CONTACT PERSON:
Edwin R. Porter, Deputy Commissioner, 28 State House Station, Augusta,
Maine 04333-0028
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: none
EXPECTED 2001-2002
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 October, 2002
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 October, 2002
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 October, 2002
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 October, 2002
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 October, 2002
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 October, 2002
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 October, 2002
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 October, 2002
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 October, 2002
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:
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 4:
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 October, 2002
AFFECTED PARTIES: Farmers, dealers, consumers 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 October, 2002
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 October, 2002
AFFECTED PARTIES: Dealers and consumers.
CHAPTER 11:
Hauling and Transportation Costs
STATUTORY AUTHORITY: 7 MRSA Sections 2953-2954
PURPOSE: Set minimums/maximums on hauling and transportation cost.
ANTICIPATED SCHEDULE: Prior to October, 2002
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 October, 2002
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 October, 2002
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 October, 2002
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 October, 2002
AFFECTED PARTIES: Producers, dealers, retailers and consumers.
CHAPTER 28:
Milk Promotion
STATUTORY AUTHORITY: 7 MRSA Section 2954
PURPOSE: Establish guidelines for promotions of milk.
ANTICIPATED SCHEDULE: Prior to October, 2002
AFFECTED PARTIES: Farmers, 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 October, 2003
AFFECTED PARTIES: Dealers and consumers.
UMBRELLA-UNIT:
01-017
AGENCY NAME: State Harness Racing Commission
CONTACT PERSON:
Edwin R. Porter, 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 Sections 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: Prior to October 1, 2002
AFFECTED PARTIES: Harness horse owners, track owners and operators,
and those affiliated with the harness racing industry.
UMBRELLA-UNIT:
01-020
AGENCY NAME: Maine Agricultural Bargaining Board
CONTACT PERSON:
Edwin R. Porter, 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 '1956.6
PURPOSE: Modify rules, as necessary, to clarify operating procedures
of the Board.
ANTICIPATED SCHEDULE: Prior to October, 2002
AFFECTED PARTIES: Bargaining groups and processors.
AGENCY UMBRELLA-UNIT:
01-026
AGENCY NAME: Board of Pesticides Control
AGENCY CONTACT
PERSON: Edwin R. Porter, 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 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, 2002
AFFECTED PARTIES: All individuals and businesses affected by the Board's
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, 2002
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, 2002
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, 2002
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 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, 2002
AFFECTED PARTIES: Pesticide dealers with self-service sales areas.
CHAPTER 28:
Notification Provisions for Outdoor Pesticide Applications
STATUTORY AUTHORITY: 22 M.R.S.A. Section 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, 2002
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, 2002
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 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, 2002
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, 2002
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 2002
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, 2002
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, 2002
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: 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, 2002
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 1471-O and 7 MRSA Section 610(2)(B)
PURPOSE: The Board is continuing to investigate ways to implement the
1997 state policy to minimize reliance on pesticides. On a national
level, a bill has passed the U.S. Senate to require the use of integrated
pest management for applications made to both school buildings and grounds.
The Board also has received a request from the Maine Toxics Action Coalition
to implement rulemaking to regulate pesticides in schools.
ANTICIPATED SCHEDULE: Prior to July, 2002
AFFECTED PARTIES: All public and private school systems as well as commercial
applicators and all persons using school buildings and grounds.
CONSENSUS-BASED RULE DEVELOPMENT: Initiated September 25, 2001
NEW RULE:
Standards for Buffers Around Surface Water Bodies
STATUTORY AUTHORITY: 22 MRSA Section 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, 2002
AFFECTED PARTIES: Pesticide manufacturers, outdoor applicators, persons
owning land next to surface water bodies and environmental groups.
UMBRELLA-UNIT:
01-303
AGENCY NAME: Pull Events Commission
CONTACT PERSON:
Edwin R. Porter, 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 15:
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 October, 2002
AFFECTED PARTIES: Fairs and pulling events.
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