01-001 - Department of Agriculture, Food
and Rural Resources
01-015 - Maine Milk Commission
01-017 - State Harness Racing Commission
01-026 - Board of Pesticides Control
AGENCY UMBREALLA-UNIT NUMBER: 01-001
AGENCY NAME: Department of Agriculture, Food & Rural Resources
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 2003 -2004 RULEMAKING ACTIVITY:
CHAPTER 5: Official Designation of Maine Bag Logo
STATUTORY AUTHORITY: 7 MRSA §1035
PURPOSE: Make needed changes in rules to reflect current practices.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Potato farmers, packers and shippers.
CHAPTER 26: Blueberry Marketing Order
STATUTORY AUTHORITY: 7 MRSA §§421-430
PURPOSE: Modify grade and other standards as needed.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Fresh blueberry packers.
CHAPTER 30: Quarantine (Potato)
STATUTORY AUTHORITY: 7 MRSA §§2301-2303
PURPOSE: To amend the quarantine against various potato pests to take
into consideration recent survey results on the distribution of such
pests in the United States.
ANTIPATED SCHEDULE: Prior to June 2004
AFFECTED PARTIES: Potato farmers, dealers, buyers and shippers of
imported seed
CHAPTER 31: Rules for the Operation of the Potato Marketing
Improvement Fund
STATUTORY AUTHORITY: 7MRSA §§973-A and 977, and 10MRSA §1023-N
PURPOSE: To make changes to the rules for the operation of the Potato
Marketing Improvement Fund
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Borrowers
CHAPTER 32: Rules for the Operation of the Agricultural Marketing
Loan Fund
STATUTORY AUTHORITY: 7MRSA §437
PURPOSE: To make changes to the rules for the operation of the Agricultural
Marketing Loan Fund
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Borrowers
CHAPTER 36: Maine Farms for the Future Program
STATUTORY AUTHORITY: 7MRSA §10-B
PURPOSE: To make changes to the rules for the operation of the Maine
Farms for the Future Program to reflect Public Law 167 and Public
Law 50.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Farmers and potential administering agents of the
program
CHAPTER 50: Underserved Rural Areas for Veterinary Services
STATUTORY AUTHORITY: 7 MRSA §12 and 20-A MRSA §12107
PURPOSE: Establishes underserved rural areas for veterinary services
for purposes of the loan forgiveness program for certain state contract
veterinary students.
ANTICIPATED SCHEDULE: Prior to July 1, 2004
AFFECTED PARTIES: Veterinary students
CHAPTER 91: Rules for the Administration of the Right to Farm
Law
STATUTORY AUTHORITY: 17 MRSA §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 2004
AFFECTED PARTIES: Farmers, farm operation owners, adjacent landowners,
municipal officials, and government agencies
CHAPTER 122: Fee Schedule for Inspection of Agricultural Commodities
STATUTORY AUTHORITY: 7 MRSA §§12, 441, 446, 951B, 1033A
PURPOSE: Change inspection fee levels to reflect current costs of
providing services.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Growers, processors and packers of inspected products.
CHAPTER 125: Official Grades, Standards and Inspection Requirements
for Potatoes packed in Maine
STATUTORY AUTHORITY: 7 MRSA §§951 and 1033-A(3)
PURPOSE: Modifies rules governing potato packaging.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Potato farmers, packers and shippers.
CHAPTER 126: Official Use of Blue, White & Red State Trademark
STATUTORY AUTHORITY: 7 MRSA §§441 and 443
PURPOSE: Modify standards as necessary.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Licensed packers.
CHAPTER 127: Maple Syrup Requirements--Blue, White and Red
State Trademark
STATUTORY AUTHORITY: 7 MRSA §§441 and 443
PURPOSE: Modify standards as needed.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Licensed packers.
CHAPTER 135: Official Use of the State of Maine Quality Trademark
STATUTORY AUTHORITY: 7 MRSA §§441 and 443
PURPOSE: Modify rules on use and fees for users of the Maine Quality
Trademark.
ANTICIPATED SCHEDULE: Prior to July 2004
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 §§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 2004
AFFECTED PARTIES: Milk dealers.
CHAPTER 201: Rules Governing Licensed Livestock Dealers
STATUTORY AUTHORITY: 7 MRSA §§1303 and 1307
PURPOSE: Rules governing livestock dealers.
ANTICIPATED SCHEDULE: Prior to July 1, 2004
AFFECTED PARTIES: Livestock owners and livestock dealers.
CHAPTER 205: Rules Governing The Poultry Disease Control Fund
STATUTORY AUTHORITY: 7 MRSA §§1756-1757
PURPOSE: Rules governing the poultry disease control fund.
ANTICIPATED SCHEDULE: Prior to July 1, 2004
AFFECTED PARTIES: Poultry farmers.
CHAPTER 206: Prevention and Control of Certain Diseases of
Domestic Animals and Poultry
STATUTORY AUTHORITY: 7 MRSA §1752 and §1812
PURPOSE: Rules governing the control of certain diseases of animals
and poultry.
ANTICIPATED SCHEDULE: Prior to July 1, 2004
AFFECTED PARTIES: Livestock and poultry industry.
CHAPTER 207: Control of Equine Infectious Anemia
STATUTORY AUTHORITY: 7 MRSA §1820-A
PURPOSE: Rules governing the management of equine infectious anemia.
ANTICIPATED SCHEDULE: Prior to July 1, 2004
AFFECTED PARTIES: Equine owners.
CHAPTER 208: Handling of Domestic Animal and Poultry Vaccines
STATUTORY AUTHORITY: 7 MRSA §1752
PURPOSE: Rules governing animal and poultry vaccine use.
ANTICIPATED SCHEDULE: Prior to July 1, 2004
AFFECTED PARTIES: Livestock and poultry industry.
CHAPTER 209: Livestock Commission or Community Auctions
STATUTORY AUTHORITY: 7 MRSA §1453
PURPOSE: Rules governing auctions.
ANTICIPATED SCHEDULE: Prior to July 1, 2004
AFFECTED PARTIES: Livestock auctions.
CHAPTER 210: Poultry for Immediate Slaughter
STATUTORY AUTHORITY: 7 MRSA §1331
PURPOSE: Rules governing poultry slaughtering.
ANTICIPATED SCHEDULE: Prior to July 1, 2004
AFFECTED PARTIES: Poultry industry.
CHAPTER 212: Rules Governing Procurement, Storage, Distribution
and Use of Brucellosis Vaccine
STATUTORY AUTHORITY: 7 MRSA §1812
PURPOSE: Rules governing the use of Brucellosis vaccine.
ANTICIPATED SCHEDULE: Prior to July 1, 2004
AFFECTED PARTIES: Livestock industry.
CHAPTER 213: Rules Governing the Disposal of Animal Carcasses
STATUTORY AUTHORITY: 7 MRSA §§1752, 1817 and 1818; 17 MRSA
§2805.
PURPOSE: To revise rules that would describe how to safely dispose
of animals that
die on farms.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Farmers, abutters, government agencies.
CHAPTER 220: Importation of Certain Deer into Maine
STATUTORY AUTHORITY: 7 MRSA §1331
PURPOSE: Rules governing the importation of deer into Maine.
ANTICIPATED SCHEDULE: Prior to July 1, 2004
AFFECTED PARTIES: Deer farmers and commercial large game shooting
operations.
CHAPTER 221: Cervids Importation Embargo
STATUTORY AUTHORITY: 7 MRSA §1331
PURPOSE: Rules governing the importation embargo of cervids into Maine.
ANTICIPATED SCHEDULE: Repeal by July 1, 2004
AFFECTED PARTIES: Deer farmers and commercial large game shooting
operations.
CHAPTER 252: Rules Governing Certification of Seed Potatoes
in the State of
Maine
STATUTORY AUTHORITY: 7 MRSA §§ 2101-2105
PURPOSE: Amend the current rules to clarify certain provisions involved
in the seed potato certification program.
ANTICIPATED SCHEDULE: Prior to June 2004
AFFECTED PARTIES: Seed potato producers in Maine.
CHAPTER 255: Imported Seed Potatoes
STATUTORY AUTHORITY: 7 MRSA §§2101-2105
PURPOSE: Establish or amend standards required for the importation
of seed potatoes for planting within Maine.
ANTICIPATED SCHEDULE: Prior to May 2004
AFFECTED PARTIES: Potato farmers, dealers, buyers and shippers of
imported seed.
CHAPTER 259: Minimum Standards for Planting Potatoes.
STATUTORY AUTHORITY: 7 MRSA §951-A
PURPOSE: Modify standards as necessary.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Potato farmers who plant at least one acre.
CHAPTER 266: Hemlock Woolly Adelgid
STATUTORY AUTHORITY: 7 MRSA §§2301-2303
PURPOSE: Amend the quarantine against the Hemlock Woolly Adelgid;
specify the areas under quarantine and requirements to import logs
and nursery stock from infested areas; and clarify the state's authority
if infested materials are found in Maine.
ANTICIPATED SCHEDULE: Prior to April 2004
AFFECTED PARTIES: Saw mills, nurseries and the general public.
CHAPTER 268: Pine Shoot Beetle Quarantine
STATUTORY AUTHORITY: 7 MRSA §§2301-2303
PURPOSE: Amend the quarantine against the Pine Shoot Beetle; specify
the areas under quarantine; requirements to move regulated articles
(pine logs, nursery stock etc.) from regulated areas; and clarify
the state's authority if infested materials are found in Maine.
ANTICIPATED SCHEDULE: Prior to April 2004
AFFECTED PARTIES: Saw mills, nurseries and the general public.
CHAPTER 270: Maine Apiary Rules and Regulations
STATUTORY AUTHORITY: 7 MRSA §§2701-2872
PURPOSE: Amend the current apiary rules to clarify certain provisions
relating to Africanized Honey bees and honey bee diseases and parasites
in Maine.
ANTICIPATED SCHEDULE: Prior to June 2004
AFFECTED PARTIES: Beekeepers, blueberry and apple producers, and the
general public.
CHAPTER 306: Regulations for Adoption of Type Evaluation of
Weighing and Measuring Devices
STATUTORY AUTHORITY: 10 MRSA §2402 (3).
PURPOSE: Revise regulations to reflect current standards and practices
for device approval.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Manufacturers of weighing and measuring devices,
and repair companies.
CHAPTER 321: Milk
STATUTORY AUTHORITY: 7 MRSA §2910
PURPOSE: Rules governing the inspection of milk and milk products.
ANTICIPATED SCHEDULE: Repeal prior to July 1, 2004
AFFECTED PARTIES: Dairy farmers and Maine dairies.
CHAPTER 322: Frozen Dessert Products Standards and Regulations
STATUTORY AUTHORITY: 7 MRSA §2910
PURPOSE: Rules governing the frozen dessert standards.
ANTICIPATED SCHEDULE: Repeal prior to July 1, 2004
AFFECTED PARTIES: Maine dairies.
CHAPTER 323: Weigh and Sample Milk
STATUTORY AUTHORITY: 7 MRSA §2910
PURPOSE: Rules governing the weighing and sampling of milk.
ANITICIPATED SCHEDULE: Repeal prior to July 1, 2004
AFFECTED PARTIES: Dairy farmers.
CHAPTER 341: Bakeries (Commercial, Retail and Distributors)
STATUTORY AUTHORITY: 10 MRSA §2625, 22 MRSA §§2153,
2157.9B, 2166 and 2169
PURPOSE: Revise regulations to reflect current processing and sanitation
requirements.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Commercial Bakeries.
CHAPTER 342: Cider and Apple Juice Plants
STATUTORY AUTHORITY: 10 MRSA §2625, 22 MRSA §§2153,
2154, 2167, 2168 and 2169
PURPOSE: Revise regulations to reflect food safety concerns.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Cider and juice producers.
CHAPTER 343: Food Processing Manufacturing
STATUTORY AUTHORITY: 22 MRSA §§2167, 2168 and 2169.
PURPOSE: Revise regulations to reflect current manufacturing and processing
technology and practices.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Manufacturing and processors of food, including
shellfish.
CHAPTER 344: Food Storage Warehouses
STATUTORY AUTHORITY: 22 MRSA §§2167-2169
PURPOSE: Clarify changes reflect current food safety practices.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Operators of food storage facilities.
CHAPTER 345: Home Food Manufacturing
STATUTORY AUTHORITY: 10 MRSA §2625, 22 MRSA §§2153,
2157.9B, 2168, 2169 and 2176
PURPOSE: Revise standards to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Home food manufacturers and processors.
CHAPTER 346: Rules Governing Meat and Poultry Inspection and
Licensing.
STATUTORY AUTHORITY: 22 MRSA §2513
PURPOSE: To adopt the rules necessary to implement a State Meat and
Poultry Inspection Program.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Slaughterhouses, producers, custom processors, custom
slaughterhouses and retailers.
CHAPTER 347: Maple Syrup Processing
STATUTORY AUTHORITY: 10 MRSA §2625, 22 MRSA §§2153,
2154, 2167, 2168 and 2164
PURPOSE: Maintain sanitary procedures in the maple syrup production
process.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Maple syrup produces.
CHAPTER 350: Regulations for the Registration and Sale of
Fertilizer.
STATUTORY AUTHORITY: 7 MRSA §§747 and 748
PURPOSE: Establish Uniform Standards for Labeling, Registration and
Regulating Fertilizer.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Manufacturers of fertilizer.
CHAPTER 351: Packaged Ice Manufacturing and Processing
STATUTORY AUTHORITY: 10 MRSA §2625, 22 MRSA §§2153,
2167, 2168, and 2169
PURPOSE: Clarify current ice manufacturing regulations.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Manufacturers of ice.
CHAPTER 352: Fallow Deer Processing
STATUTORY AUTHORITY: 7 MRSA §1331 (6)
PURPOSE: Clarify fallow deer processing regulations.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Processors of fallow deer.
CHAPTER 353: Licensing of Domestic Deer for Food
STATUTORY AUTHORITY: 7 MRSA §1331
PURPOSE: Clarify existing rule.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Domesticated deer producers.
CHAPTER 357: Food Salvage
STATUTORY AUTHORITY: 22 MRSA §§2153 and 2169
PURPOSE: Revise regulations to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Food salvage operators.
CHAPTER 358: Manufacturing of Potentially Hazardous Foods
STATUTORY AUTHORITY: 22 MRSA §§2151 and 2153
PURPOSE: Revise regulations to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Manufacturers and processors of potentially hazardous
foods.
CHAPTER 359: Rules Governing the Processing/Handling/Storing/Labeling
of
Smoked, Cured and Salted Fish
STATUTORY AUTHORITY: 22 MRSA §§1851 and 2153
PURPOSE: Revise regulations to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Manufacturers and processors of smoked, cured and
salted fish.
CHAPTER 360: Responsibilities of Manufacturers, Distributors,
Dealers, Initiators of Deposit, and Redemption Centers under the Returnable
Beverage Container Law
STATUTORY AUTHORITY: 32 MRSA §§1861-1872
PURPOSE: Make changes needed to facilitate operation of Maine's bottle
bill.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Manufacturers, distributors, initiators of deposit,
dealers, contract agents and redemption centers dealing with returnable
beverage containers.
CHAPTER 565: Nutrient Management Rules
STATUTORY AUTHORITY: 7 MRSA §4206
PURPOSE: To update the Nutrient Management Rules and to amend it to
clarify some provisions of the Nutrient Management Program
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Farmers, farm operation owners, nutrient management
certified planners, government agencies.
CHAPTER 600: Rules regarding disposal of cull potato piles
STATUTORY AUTHORITY: 7 MRSA §1007-A
PURPOSE: To update the rules regarding disposal of cull potato piles
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Potato farmers
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 and to clarify and correct inconsistencies.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Pet owners.
CHAPTER 751: Definitions
STATUTORY AUTHORITY: 7 MRSA §2176
PURPOSE: Update the current rule concerning definitions relating to
Arborists in the State of Maine, and delete references to the Arborist
Examining Board, which was abolished when the program was transferred
to the Department of Agriculture in September of 2000.
ANTICIPATED SCHEDULE: Prior to July 2003
AFFECTED PARTIES: Individuals currently licensed or wishing to become
licensed as arborists in the State of Maine.
CHAPTER 752: Licensing
STATUTORY AUTHORITY: 7 MRSA §2176
PURPOSE: Update the current rule concerning definitions relating to
Arborists in the State of Maine and delete references to the Arborist
Examining Board, which was abolished when the program was transferred
to the Department of Agriculture in September 2000.
ANTICIPATED SCHEDULE: Prior to July 2004
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 MRSA §2176
PURPOSE: Update the current rule concerning the standards of practices
of Arborists in the State of Maine, and delete references to the Arborist
Examining Board, which was abolished when the program was transferred
to the Department of Agriculture in September of 2000.
ANTICIPATED SCHEDULE: Prior to July 2004
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 MRSA §2176
PURPOSE: Update the current rule concerning definitions relating to
Arborists in the State of Maine, and delete references to the Arborist
Examining Board, which was abolished when the program was transferred
to the Department of Agriculture in September of 2000.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Individuals currently licensed or wishing to become
licensed as arborists in the State of Maine.
NEW RULE CHAPTER (# to be assigned): Rules Governing the labeling
of foods free of genetic engineering
STATUTORY AUTHORITY: 7 MRSA §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 2004
AFFECTED PARTIES: Processors and producers selling products produced
without the use of genetic engineering and the consuming public.
NEW RULE CHAPTER (# to be assigned): Responsibilities of Initiators
of Deposit, and Redemption Centers regarding the commingling of beverage
containers
STATUTORY AUTHORITY: 32 MRSA §1871
PURPOSE: Implement the requirements of Public Law 499, An Act to Improve
the State's Returnable Bottle Law and Adjust Handling Fees
ANTICIPATED SCHEDULE: Prior to July 2004.
AFFECTED PARTIES: Initiators of deposit and redemption centers
NEW RULE CHAPTER (# to be assigned): Rules Governing the Maine
Cattle Health Assurance Program
STATUTORY AUTHORITY: 7 MRSA. §1309
PURPOSE: To adopt the rules governing the Maine Cattle Health Assurance
Program
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Livestock industry
NEW RULE CHAPTER (# to be assigned): Rules Governing the Maine
Chronic Waste Disease Surveillance Program
STATUTORY AUTHORITY: 7MRSA §1821
PURPOSE: To adopt the rules governing the Maine Chronic Wasting Disease
Surveillance Program
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Deer and elk industry
NEW RULES CHAPTER (# to be assigned): Action Against Improper
Manure Handling
STATUTORY AUTHORITY: 17MRSA §2701-B
PURPOSE: To establish procedures for responding to, investigating,
reporting on and resolving complaints involving improper manure handling.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: Farmers, farm owners, adjacent landowners, municipal
officials
NEW RULE: Non-released Potato Varieties
STATUTORY AUTHORITY: 7MRSA §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 2004
AFFECTED PARTIES: Seed potato growers who produce non-released potato
varieties and potato breeders
NEW RULE: Designation of Potato Pests and Diseases; Seizure,
Destruction, and Disinfection
STATUTORY AUTHORITY: 7 MRSA §§2351 and 2352
PURPOSE: To designate those potato pests and diseases that 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 to prevent the spread of such pests and diseases.
ANTICIPATED SCHEDULE: Prior to April 2004
AFFECTED PARTIES: Potato farmers in Maine
AGENCY 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 2003-2004 RULEMAKING ACTIVITY:
CHAPTER 1: Minimum Retail Pricing of Bulk Containers
STATUTORY AUTHORITY: 7 MRSA §§2953 and 2954
PURPOSE: Set minimum retail price for bulk containers to cover sales
for home delivery and grocery stores.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Dealers, retailers, and consumers.
CHAPTER 1: Payment by Dealers and Retailers and Others
STATUTORY AUTHORITY: 7 MRSA §§2953 and 2954
PURPOSE: Set dates and minimums when payment for milk received must
be made.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Milk dealers, retailers and others.
CHAPTER 1: Integrated Operations
STATUTORY AUTHORITY: 7 MRSA §§2953 and 2954
PURPOSE: Set minimum controls for integrated operations.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Producers, dealers and retailers.
CHAPTER 1: Late Payment Penalty
STATUTORY AUTHORITY: 7 MRSA §§2953 and 2954
PURPOSE: Set variable penalty fee on late payments to Commission.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Farmers and dealers.
CHAPTER 1: Base Rating-- Quota Plan
STATUTORY AUTHORITY: 7 MRSA §§2953 and 2954
PURPOSE: Set producer production base or quota production.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Farmers.
CHAPTER 1: Container Deposits
STATUTORY AUTHORITY: 7 MRSA §§2953 and 2954
PURPOSE: Set deposit price for any container.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Farmers and dealers.
CHAPTER 1: Milk Balancing
STATUTORY AUTHORITY: 7 MRSA §§2953 and 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 2004
AFFECTED PARTIES: Farmers, dealers and consumers.
CHAPTER 1: Interstate Conference and Compacts
STATUTORY AUTHORITY: 7 MRSA §§2953 and 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 2004
AFFECTED PARTIES: Any or all segments of the dairy industry.
CHAPTER 2: Hearing Procedures
STATUTORY AUTHORITY: 7 MRSA §§2953 and 2954
PURPOSE: Amend present rules to reflect changing industry standards,
new Administrative Procedures Act requirements, and/or to upgrade
and modernize past practices.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Commission, interveners and industry.
CHAPTER 3: Monthly Minimum Milk Prices
STATUTORY AUTHORITY: 7 MRSA §§2953 and 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 §§2953 and 2954
PURPOSE: Set new marketing areas based on new information and latest
buying or selling practices in State.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Farmers, dealers, consumers and retailers.
CHAPTER 3: Milk Commission Monthly Forms
STATUTORY AUTHORITY: 7 MRSA §§2953 and 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 §§2953 and 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 2004
AFFECTED PARTIES: Farmers, dealers and retailers.
CHAPTER 11: Dealer and Subdealer Route Information Reports
STATUTORY AUTHORITY: 7 MRSA §2954
PURPOSE: Require dealers to report special route delivery information.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Dealers and consumers.
CHAPTER 11 and 25: Hauling and Transportation Costs
STATUTORY AUTHORITY: 7 MRSA §§2953 and 2954
PURPOSE: Set minimums/maximums on hauling and transportation cost.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Farmers, dealers, retailers and consumers.
CHAPTER 13 and 27: Retail Margins
STATUTORY AUTHORITY: 7 MRSA §§2953 and 2954
PURPOSE: Set new minimum retail margins according to cost study and
hearing testimony.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Retailers and consumers.
CHAPTER 14: 30 Days Notice
STATUTORY AUTHORITY: 7 MRSA §§2953 and 2954
PURPOSE: Minimum number of days notice required before a producer
can be dropped by a Maine dealer.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Farmers and dealers.
CHAPTER 20: Prevention of Destructive Competition
STATUTORY AUTHORITY: 7 MRSA §2981 et seq.
PURPOSE: Prohibits predatory pricing.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Farmers, dealers, retailers and milk consumers.
CHAPTER 26: Producer Cost
STATUTORY AUTHORITY: 7 MRSA §§2953 and 2954
PURPOSE: Set minimum producer price based on Federal order and actual
cost of production.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Producers, dealers, retailers and consumers.
CHAPTER 29: Dealer Margins
STATUTORY AUTHORITY: 7 MRSA §§2953 and 2954
PURPOSE: Set new minimum dealer margins based on latest cost study
and public hearings and testimony.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Dealers and consumers.
CHAPTER 603: Milk Promotion
STATUTORY AUTHORITY: 7 MRSA §2954
PURPOSE: Establish guidelines for promotions of milk.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Farmers, dealers, retailers and consumers.
AGENCY UMBRELLA-UNIT: 01-017
AGENCY NAME: Maine State Harness Racing Commission
CONTACT PERSON: Henry W. Jackson, Executive Director, 28 State
House Station, Augusta, ME 04333-0028; TEL: (207) 287-3221
EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA:
CHAPTER 11: Emergency Rule Establishing a Post Race Blood
Gas Testing Program
STATUTORY AUTHORITY: 8 MRSA §§ 263-A, 275-C, 279-A, 279-B,
and 281
PURPOSE: This rule establishes the parameters of the total carbon
dioxide that may be present in the blood following a race.
ANTICIPATED SCHEDULE: Adopted effective July 23, 2003
AFFECTED PARTIES: Owners and trainers of harness race horses
EXPECTED 2003-2004 RULEMAKING ACTIVITY:
CHAPTERS 1 through 21
STATUTORY AUTHORITY: 8 MRSA §§263-A; 268; 275-C; 279-A;
279-B; and, 281
PURPOSE: The Maine State Harness Racing Commission will continue to
make minor corrections and modifications that may required to meet
the needs of an ever changing industry.
SCHEDULE FOR ADOPTION: October 1, 2003 - October 1, 2004
AFFECTED PARTIES: Harness horse owners, track owners and operators,
those affiliated with the harness racing industry.
AGENCY UMBRELLA-UNIT: 01-026
AGENCY NAME: Board of Pesticides Control
AGENCY CONTACT PERSON: Robert I. Batteese, Jr., 28 State House
Station, Augusta, Maine 04333-0028. Telephone (207) 287-2731.
EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:
None
EXPECTED 2003-2004 RULEMAKING ACTIVITY:
CHAPTER 10: Definitions and Terms
STATUTORY AUTHORITY: 22 MRSA §§1471A-X
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. In addition,
the Board will be incorporating into the definition of distribute
a current policy that prohibits giving away free samples of unregistered
pesticides.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: All individuals and businesses affected by the Board's
rules.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated
CHAPTER 20: Special Provisions
STATUTORY AUTHORITY: 22 MRSA §§1471A-X
PURPOSE: The Board may amend the current Chapter to include specific
duties that 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 2004
AFFECTED PARTIES: All business that use pesticides and have one or
more employees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated
CHAPTER 21: Pesticide Container Disposal and Storage
STATUTORY AUTHORITY: 22MRSA §1471-Q
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 2004
AFFECTED PARTIES: Pesticide applicators and dealers.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated
CHAPTER 22: Standards for Outdoor Application of Pesticides
by Powered Equipment in Order to Minimize Off-Target Deposition
STATUTORY AUTHORITY: 7 MRSA §§ 601-625 and 22 MRSA §§1471A-X
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 2004
AFFECTED PARTIES: All applicators making outdoor applications with
powered application equipment.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated
CHAPTER 24: Pesticide Storage Facility Standards/Pesticide
Distributors
STATUTORY AUTHORITY: 22 MRSA § 1471-O and 7 MRSA § 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 2004
AFFECTED PARTIES: Pesticide dealers with self-service sales areas.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated
CHAPTER 27: Standards for Pesticide Applications and Public
Notification in Schools
STATUTORY AUTHORITY: 22 MRSA §§1471A-X and 7 MRSA §§
601-625
PURPOSE: The Board this rule last year but it went into effect August
30, 2003. The Board may find that some small revisions are necessary
as groups gain experience implementing the rule.
ANTICIPATED SCHEDULE: Prior to July 2004
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: Not Contemplated
CHAPTER 28: Notification Provisions for Outdoor Pesticide
Applications
STATUTORY AUTHORITY: 22 MRSA § 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 established
fees for persons to be on the registry.
ANTICIPATED SCHEDULE: Prior to July 2004
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.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated
CHAPTER 29: Standards for Water Quality Protection
STATUTORY AUTHORITY: 22 MRSA § 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 2004
AFFECTED PARTIES: Commercial and private pesticide applicators
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated
CHAPTER 31: Certification and Licensing Provisions for Commercial
Applicators
STATUTORY AUTHORITY: 2 MRSA §§ 1471-D and S
PURPOSE: The Board may amend any of its current regulations dealing
with the examination, certification, licensing, and re-licensing of
commercial applicators. In addition, the Board will be incorporating
current policies that exempt pet groomers, swimming pool and spa applicators,
and drinking water and sewage treatment plant operators from licensing.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: All persons licensed by the Board.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated
CHAPTER 34: Certification and Licensing Provisions for Pesticide
Dealers
STATUTORY AUTHORITY: 2 MRSA §§1471-D and S
PURPOSE: The Board may amend its current regulation to require pesticide
dealers to have a company license in addition to having their employees
licensed.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: All persons licensed by the Board
CONSENSUS-BASED RULLE DEVELOPMENT: Not contemplated
CHAPTERS 32, 35 and 36: Certification and Licensing Provisions
for Private Applicators, Firms and Monitors and Spotters
STATUTORY AUTHORITY: 2 MRSA §§ 1471-D and S
PURPOSE: The Board may amend any of its current regulations dealing
with the examination, certification, licensing and re-licensing of
private applicators, firms and monitors and spotters.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: All persons licensed by the Board
CONSENSUS-BASED RULEMAKING: Not contemplated
CHAPTER 40: State Restricted Pesticide List
STATUTORY AUTHORITY: 7 MRSA §§ 601-625 and 22 MRSA §§
1471A-X
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 2004
AFFECTED PARTIES: Pesticide manufacturers, pesticide applicators,
and environmental groups interested in pesticide issues.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated
CHAPTER 41: Special Restrictions
STATUTORY AUTHORITY: 7 MRSA §§ 601-625 and 22 MRSA §§
1471A-X
PURPOSE: The Board may amend this Chapter to place additional use
restrictions on pesticides that are identified as groundwater contaminants
or are likely to be used illegally by the general public to control
weeds in waters of the State. The Board has experienced problems utilizing
the US Environmental Protection Agency List and will likely seek another
amendment to utilize a list based on products registered in Maine.
In addition, the Board may also propose amendments to place additional
restrictions on products identified as potential risks by the health
or environmental review processes.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: All applicators making outdoor applications and
environmental groups.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated
CHAPTER 50: Reporting Requirements for Applicators and Dealers
STATUTORY AUTHORITY: 22 MRSA §§ 1471-G and M
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. In addition, the Board may incorporate a recently adopted
policy that states commercial agricultural producers and commercial
applicators must keep their pesticides application records current
by recording all the required information on the same day that the
application is performed.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: All private and commercial applicators, dealers,
and consumer or environmental groups.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated
CHAPTER 51: Notice of Aerial Pesticide Applications.
STATUTORY AUTHORITY: 22 MRSA § 147-R
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 2004
AFFECTED PARTIES: Aerial applicators, paper company and utility officials,
and environmental groups.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated
CHAPTER 60: Designation of Critical Pesticide Control Area
STATUTORY AUTHORITY: 22 MRSA § 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. The Board
has received a petition from a Gorham resident requesting a ban on
all pesticide use within 500 feet of her property. In addition, the
Board anticipates that it may be requested to repeal the Deblois Critical
Pesticide Control Area if the fish hatchery it was designed to protect
is abandoned.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: Persons living within the requested area and all
applicators wishing to do business within the designated zone.
CONSENSUS-BASED RULE DEVELOPMENT: Contemplated for the request from
a Gorham resident
NEW RULE: Standards for Indoor Application of Pesticides
STATUTORY AUTHORITY: 22 MRSA §§1471A-X and 7 MRSA §§
601-625
PURPOSE: The Board's top priority for the coming year is to complete
the development of a regulation that would set standards for the application
of pesticides in indoor settings and include notification procedures
for tenants, employees, customers or other visitors.
ANTICIPATED SCHEDULE: Prior to December 2004
AFFECTED PARTIES: All structural pest control applicators, business
owners or managers, institutions and apartment houses as well as interested
members of the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated
NEW RULE: Pesticide Use Reduction
STATUTORY AUTHORITY: 22 MRSA §§1471A-X and 7 MRSA §§
601-625
PURPOSE: The Board is continuing to investigate ways to implement
the 1997 state policy to minimize reliance on pesticides. The Board
may be asked to adopt standards to expand integrated pest management
practices.
ANTICIPATED SCHEDULE: Prior to July 2004
AFFECTED PARTIES: All pesticide applicators and dealers as well as
interested members of the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Contemplated
NEW RULE: Standards for Buffers Around Surface Water Bodies
STATUTORY AUTHORITY: 7 MRSA §§ 601-625 and 22 MRSA §§
1471A-X
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 2004
AFFECTED PARTIES: Pesticide manufacturers, outdoor applicators, persons
owning land next to surface water bodies and environmental groups.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated
