2004-5 Regulatory Agenda (Rules) - Department of Agriculture - State of Maine

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Department of Agriculture, Food and Rural Resources
2004-2005 Regulatory Agenda

001 - The Department - General
Animal Welfare Program
015 - Maine Milk Commission
017 - Maine State Harness Racing Commission
026 - Board of Pesticides Control

AGENCY UMBRELLA-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 2004 - 2005 RULEMAKING ACTIVITY:

CHAPTER 5: Official Designation of Maine Bag Logo
STATUTORY AUTHORITY: 7 M.R.S.A. §1035
PURPOSE: Make needed changes in rules to reflect current practices.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Potato farmers, packers, and shippers.

CHAPTER 26: Blueberry Marketing Order
STATUTORY AUTHORITY: 7 M.R.S.A. §421- §430
PURPOSE: Modify grade and other standards as needed.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Fresh blueberry packers.

CHAPTER 30: Quarantine (Potato)
STATUTORY AUTHORITY: 7 M.R.S.A. §2301- §2303
PURPOSE: Amend the quarantine against various potato pests to take into
consideration recent survey results on the distribution of such pests in the U.S.
ANTICIPATED SCHEDULE: Prior to June, 2005.
AFFECTED PARTIES: Potato farmers, dealers, buyers, and shippers of imported seed.

CHAPTER 32: Rules for Operation of the Agricultural Marketing Loan Fund
STATUTORY AUTHORITY: 7 M.R.S.A. §12, §435
PURPOSE: Make changes to rules for the operation of the Agricultural Marketing Loan Fund to address changes in legislation this past session.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Borrowers.

CHAPTER 50: Underserved Rural Areas for Veterinary Services
STATUTORY AUTHORITY: 7 M.R.S.A. §12 and 20-A M.R.S.A. §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, 2005
AFFECTED PARTIES: veterinary students

CHAPTER 91: Rules for the Administration of the Right to Farm Law
STATUTORY AUTHORITY: 17 M.R.S.A. §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, 2005.
AFFECTED PARTIES: Farmers, farm operation owners, adjacent landowners, municipal officials, government agencies.

CHAPTER 122: Fee Schedule for Inspection of Agricultural Commodities
STATUTORY AUTHORITY: 7 M.R.S.A. §12, §441, §446, §951-B, §1033-A
PURPOSE: Change inspection fee levels to reflect current costs of providing services.
ANTICIPATED SCHEDULE: Prior to July 2005
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 M.R.S.A. §951 and §1033-A(3)
PURPOSE: Modifies rules governing potato packaging.
ANTICIPATED SCHEDULE: Prior to December, 2005
AFFECTED PARTIES: Potato farmers, packers, and shippers.

CHAPTER 126: Official Use of Blue, White & Red State Trademark
STATUTORY AUTHORITY: 7 M.R.S.A. §441 and §443
PURPOSE: Modify standards as necessary.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Licensed packers.

CHAPTER 127: Maple Syrup Requirements--Blue, White and Red State Trademark
STATUTORY AUTHORITY: 7 M.R.S.A. §441 and §443
PURPOSE: Modify standards as needed.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Licensed packers.

CHAPTER 135: Official Use of the State of Maine Quality Trademark
STATUTORY AUTHORITY: 7 M.R.S.A. §441 and §443
PURPOSE: Modify rules on use and fees for users of the Maine Quality Trademark.
ANTICIPATED SCHEDULE: Prior to July, 2005
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 M.R.S.A. §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, 2005
AFFECTED PARTIES: Milk dealers.

CHAPTER 201: Rules Governing Licensed Livestock Dealers
STATUTORY AUTHORITY: 7 M.R.S.A. §1303 and §1307
PURPOSE: Rules governing livestock dealers
ANTICIPATED SCHEDULE: Prior to July 1, 2005
AFFECTED PARTIES: livestock owners and livestock dealers

CHAPTER 205: Rules Governing The Poultry Disease Control Fund
STATUTORY AUTHORITY: 7 M.R.S.A. §1756 -§1757
PURPOSE: Rules governing the poultry disease control fund
ANTICIPATED SCHEDULE: Prior to July 1, 2005
AFFECTED PARTIES: poultry farmers

CHAPTER 206: Prevention and Control of Certain Diseases of Domestic Animals and Poultry
STATUTORY AUTHORITY: 7 M.R.S.A. §1752 and §1812
PURPOSE: Rules governing the control of certain diseases of animals and poultry
ANTICIPATED SCHEDULE: Prior to July 1, 2005
AFFECTED PARTIES: livestock and poultry industry

CHAPTER 207: Control of Equine Infectious Anemia
STATUTORY AUTHORITY: 7 M.R.S.A. §1820-A
PURPOSE: Rules governing the management of equine infectious anemia
ANTICIPATED SCHEDULE: Prior to July 1, 2005
AFFECTED PARTIES: equine owners

CHAPTER 208: Handling of Domestic Animal and Poultry Vaccines
STATUTORY AUTHORITY: 7 M.R.S.A. §1752
PURPOSE: Rules governing animal and poultry vaccine use
ANTICIPATED SCHEDULE: Prior to July 1, 2005
AFFECTED PARTIES: livestock and poultry industry

CHAPTER 209: Livestock Commission or Community Auctions
STATUTORY AUTHORITY: 7 M.R.S.A. §1453
PURPOSE: Rules governing auctions
ANTICIPATED SCHEDULE: Prior to July 1, 2005
AFFECTED PARTIES: livestock auctions

CHAPTER 210: Poultry for Immediate Slaughter
STATUTORY AUTHORITY: 7 M.R.S.A. §1331
PURPOSE: Rules governing poultry slaughtering
ANTICIPATED SCHEDULE: Prior to July 1, 2005
AFFECTED PARTIES: poultry industry

CHAPTER 212: Rules Governing Procurement, Storage, Distribution and Use of Brucellosis Vaccine
STATUTORY AUTHORITY: 7 M.R.S.A. §1812
PURPOSE: Rules governing the use of Brucellosis vaccine
ANTICIPATED SCHEDULE: Prior to July 1, 2005
AFFECTED PARTIES: Livestock industry

CHAPTER 213: Rules Governing the Disposal of Animal Carcasses
STATUTORY AUTHORITY: 7 M.R.S.A. §1752, §1817, §1818; 17 M.R.S.A. §2805.
PURPOSE: Revise rules that would describe how to safely dispose of animals that die on farms.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Farmers, abutters, government agencies.

CHAPTER 220: Importation of Certain Deer into Maine
STATUTORY AUTHORITY: 7 M.R.S.A. §1331
PURPOSE: Rules governing the importation of deer into Maine
ANTICIPATED SCHEDULE: Prior to July 1, 2005
AFFECTED PARTIES: Deer farmers and commercial large game shooting area operations

CHAPTER 221: Cervids Importation Embargo
STATUTORY AUTHORITY: 7 M.R.S.A. §1331
PURPOSE: Rules governing the importation embargo of cervids into Maine
ANTICIPATED SCHEDULE: Repeal by July 1, 2005
AFFECTED PARTIES: Deer farmers and commercial large game shooting area operations

CHAPTER 252: Rules Governing Certification of Seed Potatoes in the State of Maine
STATUTORY AUTHORITY: 7 M.R.S.A. §2101- §2105
PURPOSE: Amend the current rules to clarify certain provisions involved in the seed potato certification program.
ANTICIPATED SCHEDULE: Prior to July, 2005.
AFFECTED PARTIES: Seed potato producers in Maine.

CHAPTER 255: Imported Seed Potatoes
STATUTORY AUTHORITY: 7 M.R.S.A. §2101- §2105
PURPOSE: Establish or amend standards required for the importation of seed potatoes for planting within Maine.
ANTICIPATED SCHEDULE: Prior to May, 2005.
AFFECTED PARTIES: Potato farmers, dealers, buyers, and shippers of imported seed.

CHAPTER 259: Minimum Standards for Planting Potatoes.
STATUTORY AUTHORITY: 7 M.R.S.A. §951-A
PURPOSE: Modify standards as necessary.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Potato farmers who plant at least 1 acre.

CHAPTER 266: Hemlock Woolly Adelgid
STATUTORY AUTHORITY: 7 M.R.S.A. §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, 2005.
AFFECTED PARTIES: Saw mills, nurseries, and the general public.

CHAPTER 268: Pine Shoot Beetle Quarantine
STATUTORY AUTHORITY: 7 M.R.S.A. §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 the regulated area; and clarify the state's authority if infested materials are found in Maine.
ANTICIPATED SCHEDULE: Prior to July 1, 2005.
AFFECTED PARTIES: Saw mills, nurseries, and the general public.

CHAPTER 270: Maine Apiary Rules and Regulations
STATUTORY AUTHORITY: 7 M.R.S.A. §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 June, 2005.
AFFECTED PARTIES: Beekeepers, blueberry and apple producers, and the general public.

CHAPTER 306: Regulations for Adopotion of Type Evaluation of Weighing and Measuring Devices
STATUTORY AUTHORITY: 10 M.R.S.A. §2402(3).
PURPOSE: Revise regulations to reflect current standards and practices for device approval.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Manufacturers of weighing and measuring devices, and repair companies.

CHAPTER 321: Milk
STATUTORY AUTHORITY: 7 M.R.S.A. §2910
PURPOSE: Rules governing the inspection of milk and milk products
ANTICIPATED SCHEDULE: Repeal prior to July 1, 2005
AFFECTED PARTIES: Dairy farmers and Maine dairies

CHAPTER 322: Frozen Dessert Products Standards and Regulations
STATUTORY AUTHORITY: 7 M.R.S.A. §2910
PURPOSE: Rules governing the frozen dessert standards
ANTICIPATED SCHEDULE: Repeal prior to July 1, 2005
AFFECTED PARTIES: Maine dairies

CHAPTER 323: Weigh and Sample Milk
STATUTORY AUTHORITY: 7 M.R.S.A. §2910
PURPOSE: Rules governing the weighing and sampling of milk
ANTICIPATED SCHEDULE: Repeal prior to July 1, 2005
AFFECTED PARTIES: Dairy farmers

CHAPTER 341: Bakeries (Commercial, Retail and Distributors)
STATUTORY AUTHORITY: 10 M.R.S.A. §2625, 22 M.R.S.A. §2153, §2157-9(B), §2166 and §2169
PURPOSE: Revise regulations to reflect current processing and sanitation requirements.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Commercial Bakeries.

CHAPTER 342: Cider and Apple Juice Plants
STATUTORY AUTHORITY: 10 M.R.S.A. §2625, 22 M.R.S.A. §2153, §2154, §2167, §2168 and §2169
PURPOSE: Revise regulations to reflect food safety concerns.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Cider and juice producers.

CHAPTER 343: Food Processing Manufacturing
STATUTORY AUTHORITY: 22 M.R.S.A. §2167, §2168 and §2169.
PURPOSE: Revise regulations to reflect current manufacturing and processing technology and practices.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Manufacturing and processors of food, including shellfish.

CHAPTER 344: Food Storage Warehouses
STATUTORY AUTHORITY: 22 M.R.S.A. §2167- §2169
PURPOSE: Clarify changes reflect current food safety practices.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Operators of food storage facilities.

CHAPTER 345: Home Food Manufacturing
STATUTORY AUTHORITY: 10 M.R.S.A. §2625, 22 M.R.S.A. §2153, §2157-9(B), §2168, §2169 and §2176
PURPOSE Revise standards to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Home food manufacturers and processors.

CHAPTER 346: Rules Governing Meat and Poultry Inspection and Licensing.
STATUTORY AUTHORITY: 22 M.R.S.A. §2513
PURPOSE: To adopt the rules necessary to implement a State Meat and Poultry Inspection Program.
ANTICIPATED SCHEDULE: Prior to December, 2005
AFFECTED PARTIES: Slaughterhouses, producers, custom processors, custom slaughterhouses and retailers.

CHAPTER 347: Maple Syrup Processing
STATUTORY AUTHORITY: 10 M.R.S.A. §2625, 22 M.R.S.A. §2153, §2154, §2167, §2168 and §2164
PURPOSE: Maintain sanitary procedures in the maple syrup production process.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Maple syrup produces.

CHAPTER 350: Regulations for the Registration and Sale of Fertilizer.
STATUTORY AUTHORITY: 7 M.R.S.A. §747 and §748
PURPOSE: Establish Uniform Standards for Labeling, Registration and Regulating Fertilizer.
ANTICIPATED SCHEDULE: Prior to December, 2005 AFFECTED PARTIES: Manufacturer's of fertilizer.

CHAPTER 351: Packaged Ice Manufacturing and Processing
STATUTORY AUTHORITY: 10 M.R.S.A. §2625, 22 M.R.S.A. §2153, §2167, §2168, and §2169
PURPOSE: Clarify current ice manufacturing regulations.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Manufacturers of ice.

CHAPTER 352: Fallow Deer Processing
STATUTORY AUTHORITY: 7 M.R.S.A. §1331(6)
PURPOSE: Clarify fallow deer processing regulations.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Processors of fallow deer.

CHAPTER 353: Licensing of Domestic Deer for Food
STATUTORY AUTHORITY: 7 M.R.S.A. §1331
PURPOSE: Clarify existing rule.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Domesticated deer producers.

CHAPTER 357: Food Salvage
STATUTORY AUTHORITY: 22 M.R.S.A. §2153 and §2169
PURPOSE: Revise regulations to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Food salvage operators.

CHAPTER 358: Manufacturing of Potentially Hazardous Foods
STATUTORY AUTHORITY: 22 M.R.S.A. §2151 and §2153
PURPOSE: Revise regulations to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to July, 2005
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 M.R.S.A. §1851 and §2153
PURPOSE: Revise regulations to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Manufacturers and processors of smoked, cured and salted fish.

CHAPTER 360: Responsibilities of Initiators of Deposit, and Redemption Centers regarding the comingling of beverage containers.
STATUTORY AUTHORITY: 32 M.R.S.A. §1871.
PURPOSE: Implement the requirements of P.L. 2003, Chapter 499, An Act To Improve the State's Returnable Bottle Law and Adjust Handling Fees.
ANTICIPATED SCHEDULE: Prior to July, 2005
AFFECTED PARTIES: Initiator's of deposit, and redemption centers.

CHAPTER 565: Nutrient Management Rules
STATUTORY AUTHORITY: 7 M.R.S.A. §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, 2005.
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 M.R.S.A. §1007-A
PURPOSE: To update the rules regarding disposal of cull potato piles
ANTICIPATED SCHEDULE: Prior to July, 2005.
AFFECTED PARTIES: potato farmers, Department of Agriculture, Food and Rural Resources

CHAPTER 701: Rules Governing Animal Welfare
STATUTORY AUTHORITY: 7 M.R.S.A. 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 1, 2004.
AFFECTED PARTIES: Pet owners

CHAPTER 751: Definitions
STATUTORY AUTHORITY: 7 M.R.S.A. §2176
PURPOSE: Update the current rule concerning definitions relating to Arborists in the State of Maine.
ANTICIPATED SCHEDULE: Prior to October, 2005.
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. §2176
PURPOSE: Update the current rule relating to Arborist Licensing 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 October, 2005.
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. §2176
PURPOSE: Update the current rule concerning the standards of practice 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 October, 2005.
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. §2176
PURPOSE: Update the current rule concerning enforcement and disciplinary procedures 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 October, 2005.
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 Maine Cattle Health Assurance Program
STATUTORY AUTHORITY: 7 M.S.R.A. §1309
PURPOSE: Rules governing the Maine Cattle Health Assurance Program
ANTICIPATED SCHEDULE: Prior to July 1, 2005
AFFECTED PARTIES: Livestock industry

NEW RULE CHAPTER (# to be assigned): Rules Governing the Maine Chronic Wasting Disease Surveillance Program
STATUTORY AUTHORITY: 7 M.S.R.A. §1821
PURPOSE: Rules governing the Maine Chronic Wasting Disease Surveillance Program
ANTICIPATED SCHEDULE: Prior to July 1, 2005
AFFECTED PARTIES: Deer and Elk Industry

NEW RULE CHAPTER (# to be assigned): Action Against Improper Manure Handling.
STATUTORY AUTHORITY: 17 M.R.S.A. §2701-B
PURPOSE: To establish procedures for resoponding to, investigating, reporting on and resolving complaints invilving improper manure handling.
ANTICIPATED SCHEDULE: Prior to July, 2005.
AFFECTED PARTIES: Farmers, farm operation owners, adjacent landowners, municipal officials, government agencies.

NEW RULE CHAPTER (# to be assigned): Rules Governing the Labeling of Foods Free of Genetic Engineering
STATUTORY AUTHORITY: 7 M.R.S.A. §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, 2005
AFFECTED PARTIES: Processors and producers selling products produced without the use of genetic engineering and the consuming public.

NEW RULE CHAPTER (# to be assigned): Non-released Potato Varieties
STATUTORY AUTHORITY: 7 M.R.S.A. §21030-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, 2005.
AFFECTED PARTIES: Seed potato growers who produce non-released potato varieties and potato breeders.

NEW RULE CHAPTER (# to be assigned): Designation of Potato Pests and Diseases; Seizure, Destruction, Disinfection
STATUTORY AUTHORITY: 7 M.R.S.A. §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 to prevent the spread of such pests and diseases.
ANTICIPATED SCHEDULE: Prior to April, 2005.
AFFECTED PARTIES: Potato farmers in Maine.

Animal Welfare Program

CONTACT PERSON: Norma Worley, Executive Director, 28 State House Station, Augusta, Maine 04333-0028 Tel: (207) 287-5531

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004 - 2005 RULEMAKING ACTIVITY:

CHAPTER 702: Rules for the Low Income Spay/Neuter Program
STATUTORY AUTHORITY: 7 M.R.S.A. §3906-B (13)
PURPOSE: To establish and implement a low income Spay/Neuter program for dogs and cats owned by the citizens of Maine who meet certain minimum income requirements.
ANTICIPATED SCHEDULE: Prior to July 2005
AFFECTED PARTIES: Veterinarians, Humane Societies, Animal Advocate Groups, Governmental agencies.

CHAPTER 703: Rules for the Care and Treatment of Elephants
STATUTORY AUTHORITY: Resolve, Chapter 41 (5/23/03)
PURPOSE: To establish the minimum requirements for the care and treatment of elephants of elephants in the State of Maine.
ANTICIPATED SCHEDULE: Prior to July 2005
AFFECTED PARTIES: Circuses, Animal Parks, Animal Advocate Groups, and governmental agencies.

CHAPTER 721: Rules for the Permanent Identification of Wolf Hybrids.
STATUTORY AUTHORITY: 7 M.R.S.A. §3921 - A
PURPOSE: To establish and implement rules for the permanent identification of wolf hybrids using various forms of technology, including microchips or tattoos.
ANTICIPATED SCHEDULE: Prior to July 2005.
AFFECTED PARTIES: Wolf Hybrid Owners, Municipalities, and Governmental Agencies.

UMBRELLA/UNIT NUMBER: 01-015
AGENCY: Maine Milk Commission

CONTACT PERSON: Stan Millay, Executive Director, 28 State House Station, Augusta, Maine 04333-0028 Tel: (207) 287-7521

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULEMAKING ACTIVITY:

CHAPTER 1: Minimum Retail Pricing of Bulk Containers
STATUTORY AUTHORITY: 7 M.R.S.A. §2953- §2954
PURPOSE: Set minimum retail price for bulk containers to cover sales for home delivery and grocery stores.
ANTICIPATED SCHEDULE: Prior to October 1, 2005
AFFECTED PARTIES: Dealers, retailers, and consumers.

CHAPTER 1: Payment by Dealers and Retailers and Others
STATUTORY AUTHORITY: 7 M.R.S.A. §2953- §2954
PURPOSE: Set dates and minimums when payment for milk received must be made.
ANTICIPATED SCHEDULE: Prior to October 1, 2005
AFFECTED PARTIES: Milk dealers, retailers and others.

CHAPTER 1: Integrated Operations
STATUTORY AUTHORITY: 7 M.R.S.A. §2953- §2954
PURPOSE: Set minimum controls for integrated operations.
ANTICIPATED SCHEDULE: Prior to October 1, 2005
AFFECTED PARTIES: Producers, dealers and retailers.

CHAPTER 1: Late Payment Penalty
STATUTORY AUTHORITY: 7 M.R.S.A. §2953- §2954
PURPOSE: Set variable penalty fee on late payments to Commission.
ANTICIPATED SCHEDULE: Prior to October 1, 2005
AFFECTED PARTIES: Farmers and dealers.

CHAPTER 1: Base Rating-- Quota Plan
STATUTORY AUTHORITY: 7 M.R.S.A. §2953- §2954
PURPOSE: Set producer production base or quota production.
ANTICIPATED SCHEDULE: Prior to October 1, 2005
AFFECTED PARTIES: Farmers.

CHAPTER 1: Container Deposits
STATUTORY AUTHORITY: 7 M.R.S.A. §2953- §2954
PURPOSE: Set deposit price for any container.
ANTICIPATED SCHEDULE: Prior to October 1, 2005
AFFECTED PARTIES: Farmers and dealers.

CHAPTER 1: Milk Balancing
STATUTORY AUTHORITY: 7 M.R.S.A. §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 1, 2005
AFFECTED PARTIES: Farmers, dealers and consumers.

CHAPTER 1: Interstate Conference and Compacts
STATUTORY AUTHORITY: 7 M.R.S.A. §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 1, 2005
AFFECTED PARTIES: Any or all segments of the dairy industry.

CHAPTER 2: Hearing Procedures
STATUTORY AUTHORITY: 7 M.R.S.A. §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 1, 2005
AFFECTED PARTIES: Commission, intervenors and industry.

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

CHAPTER 3: Marketing Areas
STATUTORY AUTHORITY: 7 M.R.S.A. §2953- §2954
PURPOSE: Set new marketing areas based on new information and latest buying or selling practices in State.
ANTICIPATED SCHEDULE: Prior to October 1, 2005
AFFECTED PARTIES: Farmers, dealers, consumers and retailers.

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

CHAPTER 6: Inspection of Records, Books and Accounts
STATUTORY AUTHORITY: 7 M.R.S.A. §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 1, 2005
AFFECTED PARTIES: Farmers, dealers and retailers.

CHAPTER 11: Dealer and Subdealer Route Information Reports
STATUTORY AUTHORITY: 7 M.R.S.A. §2954
PURPOSE: Require dealers to report special route delivery information.
ANTICIPATED SCHEDULE: Prior to October 1, 2005
AFFECTED PARTIES: Dealers and consumers.

CHAPTER 11 and 25: Hauling and Transportation Costs
STATUTORY AUTHORITY: 7 M.R.S.A. §2953- §2954
PURPOSE: Set minimums/maximums on hauling and transportation cost.
ANTICIPATED SCHEDULE: Prior to October 1, 2005
AFFECTED PARTIES: Farmers, dealers, retailers, and consumers.

CHAPTER 13 and 27: Retail Margins
STATUTORY AUTHORITY: 7 M.R.S.A. §2953- §2954
PURPOSE: Set new minimum retail margins according to cost study and hearing testimony.
ANTICIPATED SCHEDULE: Prior to October 1, 2005
AFFECTED PARTIES: Retailers and consumers.

CHAPTER 14: 30 Days Notice
STATUTORY AUTHORITY: 7 M.R.S.A. §2953- §2954
PURPOSE: Minimum number of days notice required before a producer can be dropped by a Maine dealer.
ANTICIPATED SCHEDULE: Prior to October 1, 2005
AFFECTED PARTIES: Farmers and dealers.

CHAPTER 20: Prevention of Destructive Competition
STATUTORY AUTHORITY: 7 M.R.S.A. §2981 et seq.
PURPOSE: Prohibits predatory pricing.
ANTICIPATED SCHEDULE: Prior to October 1, 2005
AFFECTED PARTIES: Farmers, dealers, retailers, and milk consumers.

CHAPTER 26: Producer Cost
STATUTORY AUTHORITY: 7 M.R.S.A. §2953- §2954
PURPOSE: Set minimum producer price based on Federal order and actual cost of production.
ANTICIPATED SCHEDULE: Prior to October 1, 2005
AFFECTED PARTIES: Producers, dealers, retailers and consumers.

CHAPTER 29: Dealer Margins
STATUTORY AUTHORITY: 7 M.R.S.A. §2953- §2954
PURPOSE: Set new minimum dealer margins based on latest cost study and public hearings and testimony.
ANTICIPATED SCHEDULE: Prior to October 1, 2005
AFFECTED PARTIES: Dealers and consumers.

CHAPTER 603: Milk Promotion
STATUTORY AUTHORITY: 7 M.R.S.A. §2954
PURPOSE: Establish guidelines for promotions of milk.
ANTICIPATED SCHEDULE: Prior to October 1, 2005
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) 287-7568

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULEMAKING ACTIVITY:

CHAPTER: 1 through 21:
STATUTORY AUTHORITY: 8 M.R.S.A. §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 are needed to meet the needs of an ever-changing industry.
SCHEDULE FOR ADOPTION: October 1, 2004 - September 30, 2005
AFFECTED PARTIES: Harness horse licensees; track owners and operators; pari mutuel wagering facilities; and, those affiliated with the harness racing industry.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

AGENCY UMBRELLA-UNIT: 01-026
AGENCY NAME: Board of Pesticides Control

AGENCY CONTACT PERSON: Robert I. Batteese, Jr., Executive Director, 28 State House Station, Augusta, Maine 04333-0028 Tel: (207) 287-7541

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULEMAKING ACTIVITY:

CHAPTER 10: Definitions and Terms
STATUTORY AUTHORITY: 22 M.R.S.A. §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 October 2005
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 M.R.S.A. §1471A-X
PURPOSE: The Board may amend the current Chapter to include specific duties that an employer must perform 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 October 2005
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: 22 M.R.S.A. §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 October 2005
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 M.R.S.A. §601-625 and 22 M.R.S.A. §1471A-X
PURPOSE: The Board may make amendments to this chapter that affects all applicators making outdoor applications with powered application equipment.
ANTICIPATED SCHEDULE: Prior to October 2005
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 M.R.S.A. §1471-O and 7 M.R.S.A. §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 October 2005
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 M.R.S.A. §1471A-X and 7 M.R.S.A. §601- §625
PURPOSE: The Board adopted this rule over a year ago but it just went into effect on August 30, 2003. The Board is now finding that some small revisions are needed to clarify the intent of the rule.
ANTICIPATED SCHEDULE: Prior to October 2005
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 M.R.S.A. §1471-M (2)(D)
PURPOSE: The Board may amend this rule that 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 October 2005
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 M.R.S.A. §1471-M (2)(D)
PURPOSE: The Board may amend this rule that was adopted in April 1999 and currently protects surface water by establishing a set back from water bodies during mixing and loading operations, requirements for securing containers on sprayers and support vehicles, and requiring prompt clean up of any spills within the set back area. The Board has been monitoring water bodies adjacent to blueberry, corn and potato fields as well as residential areas and railroad rights of way. Depending on final sample results, the Board may move 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 October 2005
AFFECTED PARTIES: Pesticide manufacturers, outdoor applicators, persons owning land next to surface water bodies and environmental groups.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 31: Certification and Licensing Provisions for Commercial Applicators
STATUTORY AUTHORITY: 2 M.R.S.A. §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 & spa applicators and drinking and sewage treatment plant operators from licensing.
ANTICIPATED SCHEDULE: October 2005
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 M.R.S.A. §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 October 2005
AFFECTED PARTIES: All persons licensed by the Board.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTERS 32, 35 and 36: Certification and Licensing Provisions for Private Applicators, Firms, and Monitors and Spotters
STATUTORY AUTHORITY: 2 M.R.S.A. §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 October 2005
AFFECTED PARTIES: All persons licensed by the Board.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 40: State Restricted Pesticide List
STATUTORY AUTHORITY: 7 M.R.S.A. §601- §625 and 22 M.R.S.A. §1471-A(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 October 2005
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 M.R.S.A. §601- §625 and 22 M.R.S.A. §1471-A(X)
PURPOSE: The Board amended this Chapter in 2003 to place additional use restrictions on pesticides that are likely to be used illegally by the general public to control weeds in waters of the State. The Board experienced problems utilizing the U. S. Environmental Protection Agency List and amended the rule early in 2004 to utilize a list based on products registered as aquatic herbicides in Maine. The Board has since realized that manufacturers did not list their algaecides and may seek another amendment to include these products on the published list. In addition, the Board may propose amendments to place additional restrictions on products identified as potential risks by the health or environmental review processes.
ANTICIPATED SCHEDULE: Prior to October 2005
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 M.R.S.A. §1471-G and M
PURPOSE: The Board may amend the current regulation 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 pesticide application records current by recording all the required information on the same day the application is performed.
ANTICIPATED SCHEDULE: Prior to October 2005
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 M.R.S.A. §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 October 2005
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 M.R.S.A. §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 current rule allows a single person or family to request such a designation and two past attempts have been extremely divisive and costly for the participants. The Board may amend the rule to limit eligibility to institutions where many medically sensitive people reside.
ANTICIPATED SCHEDULE: Prior to October 2005
AFFECTED PARTIES: Persons living within the requested area and all applicators wishing to do business within the designated zone.
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Standards for Indoor Application of Pesticides
STATUTORY AUTHORITY: 22 M.R.S.A. §1471-A(X) and 7 M.R.S.A. §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 October 2005
AFFECTED PARTIES: All structural pest control applicators, owners or managers of businesses, 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 M.R.S.A. §1471-A(X) and 7 M.R.S.A. §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 October 2005
AFFECTED PARTIES: All pesticide applicators and dealers as well as interested members of the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Contemplated