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Home > Agendas > 2007-2008> Department of Agriculture, Food and Rural Resources

2007-2008 Regulatory Agendas

01
Department of Agriculture, Food and Rural Resources


001: General
015: Maine Milk Commission
017: State Harness Racing Commission
020: Agricultural Bargaining Board
026: Board of Pesticides Control
303: Pull Events Commission



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 2007 – 2008 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 October, 2008
AFFECTED PARTIES: Potato farmers, packers, and shippers.

CHAPTER 10: Rules for the Agricultural Compliance Program
STATUTORY AUTHORITY: 17 MRSA §2701–B
PURPOSE: Rules establish procedures for responding to, investigating, reporting on and resolving complaints involving improper manure handling.
ANTICIPATED SCHEDULE: Prior to July, 2008.
AFFECTED PARTIES: Farmers, farm operation owners, adjacent landowners, municipal officials, government agencies.

CHAPTER 26: Fresh- Pack Blueberry Market Order
STATUTORY AUTHORITY: 7 MRSA §§ 421-430.
PURPOSE: Make needed changes in rules to reflect current practices.
ANTICIPATED SCHEDULE: Prior to October, 2008
AFFECTED PARTIES: Fresh –Pack blueberry “handlers” (packers, and shippers).

CHAPTER 30: Quarantine (Potato)
STATUTORY AUTHORITY: 7 MRSA §§ 2301-2303
PURPOSE: May 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 October, 2008
AFFECTED PARTIES: Potato farmers, dealers, buyers, and shippers of imported seed.
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated.

CHAPTER 33: Rules for Operation of the Agricultural Development Grant Program
STATUTORY AUTHORITY: 7 MRSA, Chapter 10 §§ 306A - 309
PURPOSE: Make changes to rules for the operation of the Agricultural Development Grant Program to make the program more accessible and transparent.
ANTICIPATED SCHEDULE: Prior to July, 2008
AFFECTED PARTIES: All persons eligible to apply for a grant through the program including, but not limited to Farmers, Farm Organizations, and Agencies/Associations that support farmers.

CHAPTER 36: Rules Governing the Maine Farms for the Future Program
STATUTORY AUTHORITY: 7 MRSA §§ 317-320
PURPOSE: Make changes to the rules governing the Farms for the Future Program to improve program design and administration and incorporate relevant recommendations of the 2006 OPEGA Report on the Program.
ANTICIPATED SCHEDULE: Prior to July, 2008
AFFECTED PARTIES: Maine farmers eligible for the program; Ag Service Providers; and potential future Program Coordinators.

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, 2008.
AFFECTED PARTIES: Farmers, farm operation owners, adjacent landowners, municipal officials, government agencies.

CHAPTER 122: Fee Schedule for Inspection of Agricultural Commodities
STATUTORY AUTHORITY: 7 MRSA §§ 12, 441, 446, 951B, 1033-A
PURPOSE: Change inspection fee levels to reflect current costs of providing services.
ANTICIPATED SCHEDULE Prior to September, 2008
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 October, 2008
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 October, 2008
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 October, 2008
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 October, 2008
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 October, 2008
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, 2008
AFFECTED PARTIES: livestock owners and livestock dealers

CHAPTER 203: Rules for the Participation in 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: None
AFFECTED PARTIES: Deer and Elk Industry

CHAPTER 204: Rule for the Licensing Requirements for Farmed Cervids
STATUTORY AUTHORITY: 7 M.S.R.A. §1821
ANTICIPATED SCHEDULE: None
AFFECTED PARTIES: Deer and Elk Industry

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, 2008
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, 2008
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, 2008
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, 2008
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, 2008
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, 2008
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, 2008
AFFECTED PARTIES: Livestock industry

CHAPTER 213: Rules Governing the Disposal of Animal Carcasses
STATUTORY AUTHORITY: 7 MRSA §1752, §1817, §1818; 17 MRSA §2805.
PURPOSE: Revise rules that would describe how to safely dispose of animals that die on farms.
ANTICIPATED SCHEDULE: Prior to July, 2008
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, 2008
AFFECTED PARTIES: Deer farmers and commercial large game shooting area 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, 2008
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 MRSA §§ 2101-2105
PURPOSE: May amend the current rules to clarify certain provisions involved in the seed potato certification program.
ANTICIPATED SCHEDULE: Prior to January, 2008
AFFECTED PARTIES: Seed potato producers in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated.

CHAPTER 253: Official Seed Potato Grade for Maine Certified Seed Potatoes
STATUTORY AUTHORITY: 7 MRSA §§ 2101-2105
PURPOSE: May amend the current standards to meet the official description of the Maine Seed Potato Grade.
ANTICIPATED SCHEDULE: Prior to October, 2008
AFFECTED PARTIES: Seed potato producers in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated.

CHAPTER 255: Imported Seed Potatoes
STATUTORY AUTHORITY: 7 MRSA §§ 2101-2105
PURPOSE: May establish or amend standards required for the importation of seed potatoes for planting within Maine.
ANTICIPATED SCHEDULE: Prior to January, 2008
AFFECTED PARTIES: Potato farmers, dealers, buyers, and shippers of imported seed.
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated.

CHAPTER 257: Rules Governing the Establishment and Operation of Seed Potato Production Areas
STATUTORY AUTHORITY: 7 MRSA § 2103-B
PURPOSE: May amend the current provisions relating to production practices and enforcement in a seed potato production area.
ANTICIPATED SCHEDULE: Prior to October, 2008
AFFECTED PARTIES: Seed potato producers in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated.

CHAPTER 259: Minimum Standards for Planting Potatoes
STATUTORY AUTHORITY: 7 MRSA §951-A
PURPOSE: Modify standards as necessary
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Potato farmers who plant at least 1 acre.

CHAPTER 259: Minimum Standards for Planting Potatoes
STATUTORY AUTHORITY: 7 MRSA §§ 951-A; 12
PURPOSE: May amend the current provisions regarding the planting of certified seed and the maintenance of records.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Seed potato producers in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated.

CHAPTER 261: Field Seed Certification
STATUTORY AUTHORITY: 7 MRSA §§ 2101-2104
PURPOSE: May amend the standards governing production, certification, testing, storing and preparation for sale of field seed to update and bring the rule into conformance with the Federal Seed Act.
ANTICIPATED SCHEDULE: Prior to October 2008
AFFECTED PARTIES: Seed grain producers in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated.

CHAPTER 266: Hemlock Woolly Adelgid Quarantine
STATUTORY AUTHORITY: 7 MRSA §§ 2301-2303
PURPOSE: May 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 March, 2008.
AFFECTED PARTIES: Saw mills, nurseries, and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated.

CHAPTER 267: License Fees to Sell Nursery Stock
STATUTORY AUTHORITY: 7 MRSA § 2171
PURPOSE: May revise the fee for a license to sell or deal in nursery stock.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Nursery owners.
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated.

CHAPTER 268: Pine Shoot Beetle Quarantine
STATUTORY AUTHORITY: 7 MRSA §§ 2301-2303
PURPOSE: May 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 January, 2008.
AFFECTED PARTIES: Saw mills, nurseries, and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated.

CHAPTER 270: Maine Apiary Rules and Regulations
STATUTORY AUTHORITY: 7 MRSA §§ 2701-2872
PURPOSE: May 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 October, 2008.
AFFECTED PARTIES: Beekeepers, blueberry and apple producers, and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated.

CHAPTER 302: Method of Sale of Commodities
STATUTORY AUTHORITY: 10 MRSA §2628
PURPOSE: Update the Method of Sale regulations to conform to current practices
ANTICIPATED SCHEDULE: Prior to October, 2008
AFFECTED PARTIES: Buyers and sellers of food and non-food commodities.

CHAPTER 303: Packaging and Labeling
STATUTORY AUTHORITY: 10 MRSA §2629
PURPOSE: Update the Packaging and Labeling regulations to conform to current practices.
ANTICIPATED SCHEDULE: Prior to October, 2008
AFFECTED PARTIES: Buyers and sellers of food and non-food commodities.

CHAPTER 304: Weights and Measures
STATUTORY AUTHORITY: 10 MRSA §2353
PURPOSE: Update the requirements pertaining to specifications and tolerances of weighing and measuring devices.
ANTICIPATED SCHEDULE: Prior to October, 2008
AFFECTED PARTIES: Owners of weighing and measuring devices and consumers purchasing commodities through the use of weighing and measuring devices.

CHAPTER 307: Testing fees for weighing and measuring devices
STATUTORY AUTHORITY: 10 MRSA §2701
PURPOSE: Update the fees for testing weighing and measuring devices
ANTICIPATED SCHEDULE: Prior to October, 2008
AFFECTED PARTIES: Owners of weighing and measuring devices.

CHAPTER 315: Agricultural Liming Materials Regulations
STATUTORY AUTHORITY:
PURPOSE: Update the Agricultural Liming Materials Regulations to allow for the collection of tonnage fees.
ANTICIPATED SCHEDULE: Prior to October, 2008
AFFECTED PARTIES: Manufacturers and sellers of liming materials.

CHAPTER 331: 2001 Maine Food Code
STATUTORY AUTHORITY: 10 MRSA §§ 2625 – 2629, 22 MRSA §§ 2153, 2154, and 2167 – 2169
PURPOSE: Update the Maine Food Code to reflect changes made to the 2005 FDA Model Food Code
ANTICIPATED SCHEDULE: Prior to October, 2008
AFFECTED PARTIES: Food Establishments and Eating Establishments

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 October, 2008
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 October, 2008
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 October, 2008
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 October, 2008
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 October, 2008
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 and implement “Maine Humane” slaughter guidelines.
ANTICIPATED SCHEDULE: Prior to October, 2008
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 October, 2008
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 October, 2008
AFFECTED PARTIES: Manufacturer’s 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 October, 2008
AFFECTED PARTIES: Manufacturers of ice.

CHAPTER 353: Licensing of Domestic Deer for Food
STATUTORY AUTHORITY: 7 MRSA §1331
PURPOSE: Clarify existing rule.
ANTICIPATED SCHEDULE: Repeal Prior to July, 2008
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 October, 2008
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 October, 2008
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 §§ 1851 and 2153
PURPOSE: Revise regulations to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to October, 2008
AFFECTED PARTIES: Manufacturers and processors of smoked, cured and salted fish.

CHAPTER 360: 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 October, 2008
AFFECTED PARTIES: Initiator’s of deposit, and redemption centers.

CHAPTER 375: Voluntary Municipal Farm Support Program
STATUTORY AUTHORITY: 7 MRSA §60.
PURPOSE: Start the rulemaking process for those rules that will govern the voluntary Municipal Farm Support Program
ANTICIPATED SCHEDULE: MAJOR SUBSTANTIVE RULEMAKING per MRSA 5, Ch. 375, Sub. 2-A.
Nov 2007 - Information and data collection begin; August 2008 - Provisional rule completed; Sept 2008 - Provisional rule filed w/ Executive Director of the Legislative Council. Final adoption will be no less than 60 days after the effective date of the legislation approving the rule.
AFFECTED PARTIES: Program will increase Maine’s towns cost of doing business by reducing property tax revenues, but at the same time, it will provide Maine farmers new opportunities for farmland protection. The work of Maine community of conservation organizations and land trusts will also be involved.
THE AGENCY IS REQUIRED TO UNDERTAKE MAJOR SUBSTANTIVE RULEMAKING AS DEFINED IN TITLE 5, CHAPTER 375, SUBCHAPTER 2-A.

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, 2008
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 §1007-A
PURPOSE: To update the rules regarding disposal of cull potato piles
ANTICIPATED SCHEDULE: Prior to July, 2008
AFFECTED PARTIES: potato farmers, Department of Agriculture, Food and Rural Resources

CHAPTER 701: Rules for Governing Animal Welfare
STATUTORY AUTHORITY: 7 MRSA §3906-B. Section 10
PURPOSE: To insure that only healthy animals, including birds, are offered for sale and that all animals, within the scope of the Commissioner's authority, shall receive proper care, housing facilities, disease control, records of sales and purchases, euthanasia records and licenses will be monitored by Animal Welfare.
ANTICIPATED SCHEDULE: Prior to July, 2008
AFFECTED PARTIES: Pet Stores, Breeding Kennels; Boarding Kennels; Equine Owners.

CHAPTER 702: Rules for the Low Income Spay/Neuter Program
STATUTORY AUTHORITY: 7 MRSA §3906-B (13)
PURPOSE: This Chapter establishes and implements a low-income spay/neuter program for cats and dogs. Eligibility requirements for participation in the program, veterinarian reimbursement, and program administration and performance measurements are contained in these rules.
The purpose of the low-income spay/neuter program is to reduce:
a) Stray and unwanted cats and dogs
b) Stray and unwanted cats and dogs entering animal shelters
c) Cat and dog euthanasia rates
d) Dog bites
e) Feral cats
f) Threats to public health and safety from rabies and other zones
g) Community and state animal control costs
ANTICIPATED SCHEDULE: Prior to July, 2008
AFFECTED PARTIES: Dog owners and veterinarians.

CHAPTER 751: Rules Governing Arborist Licensing, Testing and Enforcement in the State of Maine
STATUTORY AUTHORITY: 7 MRSA, Chapter 404, §§ 2173-2191
PURPOSE: May need to amend the current requirements adopted in 2006 to clarify certain provisions relating to the licensing of arborists in the State of Maine.
ANTICIPATED SCHEDULE: Prior to October 2008.
AFFECTED PARTIES: Individuals currently licensed or wishing to become licensed as arborists in the State of Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated.

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, 2008
AFFECTED PARTIES: Livestock industry

NEW RULE: Non-released Potato Varieties
STATUTORY AUTHORITY: 7 MRSA §2103-A
PURPOSE: May need to 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 October, 2008.
AFFECTED PARTIES: Seed potato growers who produce non-released potato varieties and potato breeders.
CONSENSUS-BASED RULE DEVELOPMENT: Contemplated.

NEW RULE: Designation of Potato Pests and Diseases; Seizure, Destruction,
Disinfection
STATUTORY AUTHORITY: 7 M.R.S.A §§ 2351-2352
PURPOSE: May need to 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 October, 2008.
AFFECTED PARTIES: Potato farmers in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated.

NEW RULE CHAPTER (# to be assigned) Official Grades, Standards and Inspection Requirements for Green House and Vine Ripened Tomatoes packed in Maine
STATUTORY AUTHORITY: 7 MRSA §§ 441, 442, 443, 445, and 446
PURPOSE: To adopt the rules necessary to develop a voluntary inspection and labeling program for Maine tomatoes packed under the Maine Quality Trademark.
ANTICIPATED SCHEDULE: Prior to October, 2008
AFFECTED PARTIES: Maine producers growing, packing and selling green house and vine ripened tomatoes.




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

CONTACT PERSON: Ned Porter, Deputy Commissioner, 28 State House Station, Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULEMAKING ACTIVITY:

CHAPTER 1: Minimum Retail Pricing of Bulk Containers
STATUTORY AUTHORITY: 7 MRSA §§ 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, 2008
AFFECTED PARTIES: Dealers, retailers, and consumers.

CHAPTER 1: Payment by Dealers and Retailers and Others
STATUTORY AUTHORITY: 7 MRSA §§ 2953-2954
PURPOSE: Set dates and minimums when payment for milk received must be made.
ANTICIPATED SCHEDULE: Prior to October 1, 2008
AFFECTED PARTIES: Milk dealers, retailers and others.

CHAPTER 1: Integrated Operations
STATUTORY AUTHORITY: 7 MRSA §§s 2953-2954
PURPOSE: Set minimum controls for integrated operations.
ANTICIPATED SCHEDULE: Prior to October 1, 2008
AFFECTED PARTIES: Producers, dealers and retailers.

CHAPTER 1: Late Payment Penalty
STATUTORY AUTHORITY: 7 MRSA §§ 2953-2954
PURPOSE: Set variable penalty fee on late payments to Commission.
ANTICIPATED SCHEDULE: Prior to October 1, 2008
AFFECTED PARTIES: Farmers and dealers.

CHAPTER 1: Base Rating-- Quota Plan
STATUTORY AUTHORITY: 7 MRSA §§ 2953-2954
PURPOSE: Set producer production base or quota production.
ANTICIPATED SCHEDULE: Prior to October 1, 2008
AFFECTED PARTIES: Farmers.

CHAPTER 1: Container Deposits
STATUTORY AUTHORITY: 7 MRSA §§ 2953-2954
PURPOSE: Set deposit price for any container.
ANTICIPATED SCHEDULE: Prior to October 1, 2008
AFFECTED PARTIES: Farmers and dealers.

CHAPTER 1: Milk Balancing
STATUTORY AUTHORITY: 7 MRSA §§ 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, 2008
AFFECTED PARTIES: Farmers, dealers and consumers.

CHAPTER 1: Interstate Conference and Compacts
STATUTORY AUTHORITY: 7 MRSA §§ 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, 2008
AFFECTED PARTIES: Any or all segments of the dairy industry.

CHAPTER 2: Hearing Procedures
STATUTORY AUTHORITY: 7 MRSA §§ 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, 2008
AFFECTED PARTIES: Commission, intervenors and industry.

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

CHAPTER 3: Marketing Areas
STATUTORY AUTHORITY: 7 MRSA §§ 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, 2008
AFFECTED PARTIES: Farmers, dealers, consumers and retailers.

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

CHAPTER 6: Inspection of Records, Books and Accounts
STATUTORY AUTHORITY: 7 MRSA §§ 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, 2008
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 October 1, 2008
AFFECTED PARTIES: Dealers and consumers.

CHAPTER 11 and 25: Hauling and Transportation Costs
STATUTORY AUTHORITY: 7 MRSA §§ 2953-2954
PURPOSE: Set minimums/maximums on hauling and transportation cost.
ANTICIPATED SCHEDULE: Prior to October 1, 2008
AFFECTED PARTIES: Farmers, dealers, retailers, and consumers.

CHAPTER 13 and 27: Retail Margins
STATUTORY AUTHORITY: 7 MRSA §§ 2953-2954
PURPOSE: Set new minimum retail margins according to cost study and hearing testimony.
ANTICIPATED SCHEDULE: Prior to October 1, 2008
AFFECTED PARTIES: Retailers and consumers.

CHAPTER 14: 30 Days Notice
STATUTORY AUTHORITY: 7 MRSA §§ 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, 2008
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 October 1, 2008
AFFECTED PARTIES: Farmers, dealers, retailers, and milk consumers.

CHAPTER 26: Producer Cost
STATUTORY AUTHORITY: 7 MRSA §§ 2953-2954
PURPOSE: Set minimum producer price based on Federal order and actual cost of production.
ANTICIPATED SCHEDULE: Prior to October 1, 2008
AFFECTED PARTIES: Producers, dealers, retailers and consumers.

CHAPTER 29: Dealer Margins
STATUTORY AUTHORITY: 7 MRSA §§ 2953-2954
PURPOSE: Set new minimum dealer margins based on latest cost study and public hearings and testimony.
ANTICIPATED SCHEDULE: Prior to October 1, 2008
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 October 1, 2008
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; henry.jackson@maine.gov

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULEMAKING ACTIVITY:

CHAPTER 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 are needed to meet the needs of an ever-changing industry.
SCHEDULE FOR ADOPTION: July 1, 2007 – June 30, 2008
AFFECTED PARTIES: Harness horse licensees; track owners and operators; pari mutuel wagering facilities; and, those affiliated with the harness racing industry.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None



AGENCY UMBRELLA-UNIT: 01-020
AGENCY: Agricultural Bargaining Board

CONTACT PERSON: Ned Porter, Deputy Commissioner, 28 State House Station, Augusta, ME 04333-0028; TEL: (207) 287-3419; ned.r.porter@maine.gov

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULEMAKING ACTIVITY:


CHAPTER 1 through 3
STATUTORY AUTHORITY: 13 MRSA §1956 sub-§6
PURPOSE: Make needed changes in rules to reflect current industry practices.
ANTICIPATED SCHEDULE: Prior to October, 2008
AFFECTED PARTIES: Agricultural cooperative organizations and processors of agricultural products.



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

AGENCY CONTACT PERSON: Henry S. Jennings, 28 State House Station, Augusta, Maine 04333-0028. Telephone (207) 287-2731.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

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 must be updated each time a new definition is added to one of the subsequent chapters. It received a series of housekeeping amendments in January 2005 and will likely be amended again because the Board recently adopted a new regulation, Chapter 26 setting standards for indoor applications and will be working to update Chapters 22 and 28 among others.
ANTICIPATED SCHEDULE: Prior to October 2008
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 recently amended Chapter 20 to clarify that authorization from the property owner is required prior to applying a pesticide. A Board policy requiring positive identification of application sites is also slated for addition to this chapter. In addition, the Board may develop 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 2008
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 MRSA §1471-Q
PURPOSE: The Board is promoting the collection and recycling of all pesticide containers and may need to make amendments to keep the rule compatible with recently adopted federal regulations on container disposal.
ANTICIPATED SCHEDULE: Prior to October 2008
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: Aerial spraying has become a very controversial issue and the Board is in the process of updating this chapter to provide greater protection for area residents.
ANTICIPATED SCHEDULE: Prior to October 2008
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. In addition, discrepancies have been noted between the requirements for agricultural distributors versus the requirements for warehouse-style distributors. The Board may find it necessary to adjust standards for the display and storage of pesticides by affected distributors.
ANTICIPATED SCHEDULE: Prior to October 2008
AFFECTED PARTIES: Pesticide retailers.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 26: Standards for Indoor Application of Pesticides
STATUTORY AUTHORITY: 22 MRSA §1471A-X and 7 MRSA §§601-625
PURPOSE: The Board adopted this chapter during 2006 and it became effective in January of 2007. Applicators have complained that certain aspects are overly burdensome. Consequently, the Board is discussing making some minor amendments.
ANTICIPATED SCHEDULE: Prior to October 2008
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

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 adopted this rule in 2003 and made some housekeeping amendments to it during Spring 2005. The Board may find additional revisions are needed to clarify the intent of the rule.
ANTICIPATED SCHEDULE: Prior to October 2008
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: This rule was adopted in 1998 and amended in 2000 and contains all of the Board notification requirements except for non-agricultural aerial spraying. Since lack of advance notice is often cited in incidents involving aerial agricultural spraying, the Board is considering amendments to improve the advance notice requirements where aerial applications are concerned. In addition, the Board has received a request to expand the posting requirements as they pertain to parks and other outdoor public areas.
ANTICIPATED SCHEDULE: Prior to October 2008
AFFECTED PARTIES: Agricultural aerial applicators. Persons who live near sites sprayed aerially. Persons who believe they are sensitive to pesticides. Regulated parties include all commercial pesticide applicators, the landowners who hire them 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 that was adopted in April 1999 and currently protects surface water by establishing a setback from water bodies during mixing and loading operations, requirements for securing containers on sprayers and support vehicles, and requiring prompt cleanup of any spills within the setback area. The Board has been discussing adding a new section to establish a 25-foot buffer to surface water. In addition, the Board must codify restrictions to protect marine waters from Browntail moth spraying.
ANTICIPATED SCHEDULE: Prior to October 2008
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 MRSA §§ 1471-D and S
PURPOSE: The Board amended this chapter during 2007, but may find it necessary to revise any of its current regulations to reduce the staff workload or deregulate certain types of pesticide application.
ANTICIPATED SCHEDULE: Prior to October 2008
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. In addition, the license fee is outdated.
ANTICIPATED SCHEDULE: Prior to October 2008
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 MRSA §§ 1471-D and S
PURPOSE: The Board may amend any of its current regulations dealing with the examination, certification, licensing, and relicensing of private applicators, firms and monitors and spotters to streamline procedures and/or adjust the fees.
ANTICIPATED SCHEDULE: Prior to October 2008
AFFECTED PARTIES: All persons licensed by the Board.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 40: State Restricted Pesticide List
STATUTORY AUTHORITY: 7 MRSA §§ 601-625 and 22 MRSA §1471A-X
PURPOSE: The Board amended this chapter in 2007 and may update its Restricted Use List by deleting products that are no longer registered, and if necessary, modifying the list as a result of the Board's registration review process. Also, this action may add any products which present a unique threat to Maine’s public health or the environment.
ANTICIPATED SCHEDULE: Prior to October 2008
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 amended this chapter in 2007 to place use restrictions on trichlorfon and to provide for the use of pond dyes. This is a key chapter for the Board to implement restrictions associated with certain pesticides or classes of pesticides. There have been significant changes to this chapter in the last five years, and additional amendments are likely.
ANTICIPATED SCHEDULE: Prior to October 2008
AFFECTED PARTIES: All applicators 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 adopted several housekeeping amendments to this chapter in January 2005, but may find it necessary to require applicators and dealers to record and maintain additional information about their sales and use of pesticides. Adjustments may also be necessary to allow for Bt corn use.
ANTICIPATED SCHEDULE: Prior to October 2008
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: Since aerial spraying has become increasingly controversial in recent years, the Board may amend the current regulations that require notice for forest insect, ornamental plant, rights-of-way, other forest pests, biting flies, other public health pests and aerial applications.
ANTICIPATED SCHEDULE: Prior to October 2008
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 rulemaking to restrict 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 October 2008
AFFECTED PARTIES: Persons living within the requested area and all applicators wishing to do business within the designated zone.
CONSENSUS-BASED RULE DEVELOPMENT: The Board engaged in consensus-based rule development the last time a request was received and would likely try it again.

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 October 2008
AFFECTED PARTIES: All pesticide applicators and dealers as well as interested members of the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Contemplated



AGENCY UMBRELLA-UNIT NUMBER: 01-303
AGENCY NAME: Pull Events Commission

CONTACT PERSON: Mary Ellen Johnston, Director, Pull Events Commission, 28 State House Station, Augusta, Maine 04333-0028. Tel. (207) 287-3941

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007 – 2008 RULEMAKING ACTIVITY: None