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State of Maine

01
Department of Agriculture, Food and Rural Resources
1998-99 Regulatory Agenda


001 - General
013 - Maine Potato Marketing Commission
015 - Maine Milk Commission
017 - State Harness Racing Commission
019 - Soil and Water Conservation Commission
020 - Maine Agricultural Marketing Board
026 - Board of Pesticides Control
303 - Pull Events Commission


01-001
Department of Agriculture Food and Rural Resources
General
Robert N. Moore, Deputy Commissioner
28 State House Station
Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:

CHAPTER: Emergency Rule Regarding the Testing of Seed Potatoes for the Bacterial Ring Rot Pathogen
STATUTORY AUTHORITY: 7 MRSA 2101-2105
PURPOSE: To specify the testing requirements which the Department must follow when seed potato samples are submitted for testing.
ANTICIPATED SCHEDULE: Adopted effective April 10, 1998
AFFECTED PARTIES: Potato farmers

CHAPTER: Nutrient Management Rules
STATUTORY AUTHORITY: 7 MRSA 4206
PURPOSE: To establish standards and a permitting process for new large concentrated animal feeding operations and existing operations expanding beyond a designated threshold.
ANTICIPATED SCHEDULE: Provisional adoption prior to December 15, 1998.
AFFECTED PARTIES: Livestock farmers and crop farmers.

CHAPTER 125: Official Classifications, Grades and Standards for Potatoes packed in Maine Bags
STATUTORY AUTHORITY: 7 MRSA 951 & 1033-A(3)
PURPOSE: Modifies rules governing potato packaging.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Potato farmers, packers, and shippers.

CHAPTER 213: Rules Governing the Disposal of Animal Carcasses
STATUTORY AUTHORITY: 7 MRSA Sections 1752,1817,1818; 17 MRSA Section 2805.
PURPOSE: Issue rules that would describe how to safely dispose of animals that die on farms.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Farmers, abutters, government agencies.

CHAPTER: Production, Distribution, and Sale of Nuclear Seed Potatoes
STATUTORY AUTHORITY: 7 MRSA section 2154
PURPOSE: This proposed regulation will address the procedures used to determine the production, distribution, and sale of nuclear seed potatoes from the Maine Seed Potato Board.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Seed potato producers and dealers in the State of Maine.

CHAPTER: Non-released Potato Varieties
STATUTORY AUTHORITY: 7 MRSA section 2103-A
PURPOSE: To establish procedures to ensure that seed potato growers are only certifying those non- released potato varieties which they have been authorized to certify.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Seed potato growers who release non-released potato varieties; potato breeders.

CHAPTER: Designation of Potato Pests and Diseases; Seizure, Destruction, Disinfect ion.
STATUTORY AUTHORITY: 7 MRSA sections 2351-2352
PURPOSE: To designate those potato pests and diseases which pose a threat to the Maine potato industry, to provide for the control and eradication of such pests and diseases, and to provide for the disinfection of any vehicles believed to be infested with such pests and diseases.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Potato farmers in Maine.

CHAPTER 252: Rules Governing Certification of Seed Potatoes in the State of Maine
STATUTORY AUTHORITY: 7 MRSA sections 2101-2105
PURPOSE: To amend the current certification rules to clarify certain provisions involved in the seed potato certification program (such as separate farming organizations, others).
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Seed potato producers in Maine.

CHAPTER 270: Maine Apiary Rules and Regulations
STATUTORY AUTHORITY: 7 MRSA sections 2701-2872
PURPOSE: Implement rules to address the movement and control of Africanized Honeybees and other honey bee diseases and parasites in Maine.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Beekeepers, blueberry and apple producers, and the general public.

CHAPTER: Rules Governing Investigation of Complaints Involving Agriculture
STATUTORY AUTHORITY: 17 MRSA 2805; 7 MRSA 2701-B
PURPOSE: To establish rules dealing with the investigation of complaints involving agriculture and to assist municipalities in developing ordinances.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Farmers and homeowners living in rural areas.

CHAPTER 4 and 20: Procedures for Adoption of Apple Market Orders and Agreements, and Apple Market Order
STATUTORY AUTHORITY: 7 MRSA 0421-430
PURPOSE: Make needed changes to improve the functioning of the Apple Market Order
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Apple orchardists

CHAPTER 122: Fee Schedule for Shipping Point Inspections
STATUTORY AUTHORITY: 7 MRSA 12, 441, 446, 951B, 1033A
PURPOSE: Change inspection fee levels to reflect current costs of providing services.
ANTICIPATED SCHEDULE: September 1997
AFFECTED PARTIES: Growers and packers of inspected products.

CHAPTER 135: Official Use of the State of Maine Quality Trademark
STATUTORY AUTHORITY: 7 MRSA 441, 443
PURPOSE: Modify rules on use and fees for users of the Maine Quality Trademark.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Processors and packers of products using the Maine Quality
Trademark.

CHAPTER 26: Blueberry Marketing Order
STATUTORY AUTHORITY: 7 MRSA 421-430
PURPOSE: Modify grade and other standards as needed.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Fresh blueberry packers.

CHAPTER : Controlled Atmosphere Storage for Apples
STATUTORY AUTHORITY: 7 MRSA 539-543
PURPOSE: Establish and/or modify standards as needed.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Orchardists

CHAPTER 126: Official Use of Blue, White & Red State Trademark
STATUTORY AUTHORITY: 7 MRSA 441, 443
PURPOSE: Modify standards as necessary
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Licensed packers.

CHAPTER 127: Maple Syrup Requirements--Blue, White and Red State Trademark
STATUTORY AUTHORITY: 7 MRSA 441, 443
PURPOSE: Modify standards as needed.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Licensed packers.

CHAPTER 259: Minimum Standards for Planting Potatoes.
STATUTORY AUTHORITY: 7 MRSA 951-A
PURPOSE: Modify standards as necessary.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Potato farmers who plant at least 1 acre

CHAPTER 11: Rules of Procedure Governing Award of Dates for Agricultural Fairs
STATUTORY AUTHORITY: 7 MRSA 65
PURPOSE: Assign fair dates, as needed.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Fair operators

CHAPTER: Organic Food Certification
STATUTORY AUTHORITY: 7 MRSA 562-A
PURPOSE: Institute rules, as needed, for operation of independent organic food certification programs in Maine.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Organic farmers, certifying organizations.

CHAPTER 31: Rules for Operation of the Potato Marketing Improvement Fund
STATUTORY AUTHORITY: 7 MRSA 974 (1)D
PURPOSE: Amend rules as needed.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Borrowers.

CHAPTER 206: Prevention, Control, and Eradication of Diseases of Domestic Animals and Poultry
STATUTORY AUTHORITY: 7 MRSA 1752
PURPOSE: Revise regulations relating to disease control in domestic animals and poultry, as needed
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Owners of domestic animals and avian species

CHAPTER 220: Importation of Certain Deer into Maine
STATUTORY AUTHORITY: 7 MRSA 1331(6)
PURPOSE: Would expand the definition of domesticated deer to include Sika Deer
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Venison Farmers

CHAPTER 218: Rules for Boarding Stables, Commercial Riding Facilities, and Equine Activities
STATUTORY AUTHORITY: 7 MRSA 4101-4104
PURPOSE: Establishes health and welfare standards for commercial boarding stables,
commercial riding facilities, and equine activities
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Commercial equine business

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, 1999
AFFECTED PARTIES: Commercial Bakeries.

CHAPTER 342: Cider and Apple Juice Plants
STATUTORY AUTHORITY: 1 0 MRSA 2625, 22 MRSA 2153, 2154, 2167, 2168, 2169.
PURPOSE: Revise regulations to reflect food safety concerns.
ANTICIPATED SCHEDULE: September 1997
AFFECTED PARTIES: Cider and juice producers.

CHAPTER 343: Food Processing Manufacturing
STATUTORY AUTHORITY: 22 MRSA 2167, 2168, 2169.
PURPOSE: Revise regulations to reflect current manufacturing and processing
technology and practices.
ANTICIPATED SCHEDULE: January 1998
AFFECTED PARTIES: Manufacturing and processors of food, including shellfish.

CHAPTER 345: Home Food Manufacturing
STATUTORY AUTHORITY: 10 MRSA 2625, 22 MRSA 2153, 2157.9B 2168, 169 and
2176.
PURPOSE
ANTICIPATED SCHEDULE: January 1998
AFFECTED PARTIES: Home food manufacturers and processors.

CHAPTER 346: Mobil Vendors
STATUTORY AUTHORITY: 10 MRSA 2625, 22 MRSA 2153, 2157.9B, 2167, 2168, and 2169.
PURPOSE: Revise standards to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Mobile vendors.

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, 1999
AFFECTED PARTIES: Maple syrup produces.

CHAPTER 348: Bulk Food Regulations
STATUTORY AUTHORITY: 22 MRSA 2151, 2153, 2154.
PURPOSE: Clarify bulk food regulations
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Retailers of bulk food products.

CHAPTER 350: Self-Service Salad Bars and Hot Foods in Retail Establishments
STATUTORY AUTHORITY: 22 MRSA 2169.
PURPOSE: Revise regulations to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: 10 MRSA 2625, 22 MRSA 2153, 2167, 2168 and 2169.

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, 1999
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, 1999
AFFECTED PARTIES: Processors of fallow deer.

CHAPTER 357: Food Salvage
STATUTORY AUTHORITY: 22 MRSA, 2153, 2169.
PURPOSE: Revise regulations to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Food salvage operators.

CHAPTER 358: Manufacturing of Potentially Hazardous Foods
STATUTORY AUTHORITY: 22 MRSA, 2151, 2153.
PURPOSE: Revise regulations to reflect current food safety concerns.
ANTICIPATED SCHEDULE: Prior to July, 1999
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 July, 1999
AFFECTED PARTIES: Manufacturers and processors of smoked, cured and salted fish.

CHAPTER 353: Licensing of Domestic Deer for Food
STATUTORY AUTHORITY: 7 MRSA 1331
PURPOSE: Would clarify existing rule.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Domesticated deer producers.

CHAPTER 344: Food Storage Warehouses
STATUTORY AUTHORITY: 22 MRSA 2167-2169
PURPOSE: Clarify changes resulting from 1990 revisions.
ANTICIPATED SCHEDULE: June 1998
AFFECTED PARTIES: Operators of food storage facilities.

CHAPTER 354: Country of Origin Labeling on Produce
STATUTORY AUTHORITY: 7 MRSA 530
PURPOSE: Modify listing of countries whose origin must be listed, as necessary.
ANTICIPATED SCHEDULE: June 1998
AFFECTED PARTIES: Grocery store operators.

CHAPTER 360: Responsibilities of Manufacturers, Distributors, Dealers and Redemption
Centers under the Returnable Beverage Container Law
STATUTORY AUTHORITY: 32 MRSA 1861-1872
PURPOSE: Make any needed changes to facilitate operation of Maine's bottle bill.
ANTICIPATED SCHEDULE: June 1998
AFFECTED PARTIES: Manufacturers, distributors, and dealers of returnable beverage containers; redemption centers.

CHAPTER: Rule Governing the Spay/Neuter Reimbursement Program
STATUTORY AUTHORITY: 7 MRSA 3906-A (3) & 3906-B (2)
PURPOSE: These rules will allow reimbursement to animal shelter for extended stays of cats and dogs to be spayed or neutered before being given up for adoption
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Animal Shelters

CHAPTER: Genetic Engineering Oversight
STATUTORY AUTHORITY: 7 MRSA 232
PURPOSE: The Commission on Genetic Engineering and Biotechnology is considering rules that would: provide State oversight of experiments using plant or animal
biotechnology and ensure State control in the absence of operative Federal guidelines.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Companies and researchers doing experiments with plant or animal biotechnology; general public.

CHAPTER 60: Maine Milk Pool Administrative Rules
STATUTORY AUTHORITY: 7 MRSA 3154
PURPOSE: Set annual fee for administering the Pool, requirements for operation, and variable penalty fees, as appropriate.
ANTICIPATED SCHEDULE: January, 1998
AFFECTED PARTIES: Farmers

CHAPTER: Rules for Operation of Food Assistance Program
STATUTORY AUTHORITY: 7 MRSA Section 12
PURPOSE: This rule will establish procedures of operation for the emergency food programs operated by and through the Department. Authority for these programs was assumed by the Department during FY92.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Recipients of food assistance, food pantries and food distribution points, Community Action Agencies, others working on emergency food distribution issues.

CHAPTER 136: Rules Governing the Use of the Quality Trademark for Maine Dairy Products
STATUTORY AUTHORITY: 7 MRSA Sections 2901-B and 443-B.
PURPOSE: Establishes and/or amends standards for the use of the Quality Trademark on milk and milk products.
ANTICIPATED SCHEDULE: Prior to July, 1999

CHAPTER: Rules Governing the Handling, Processing, Storing and Shipping of Sea Urchins
STATUTORY AUTHORITY: 22 MRSA Section 2151 et seq.
PURPOSE: Establishes sanitary standards for operations involving sea urchins.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Sea urchin processors, shippers and buyers

CHAPTER 211: Disposal of Animal Carcasses
STATUTORY AUTHORITY: 7 MRSA Sections 1752
PURPOSE: To clearly outline the standards for designing disposal facilities for all types of domestic animal carcasses. In addition, procedures for addressing emergency disposal situations outlined.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Farmers and other animal owners.

CHAPTER 255: Imported Seed Potatoes
STATUTORY AUTHORITY: 7 MRSA Sections 2101-2105
PURPOSE: To establish or amend standards required for the importation of seed potatoes for planting within Maine.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Potato farmers; dealers, buyers, shippers of imported seed.

CHAPTER 560: Standards for Compost Products
STATUTORY AUTHORITY: 5 MRSA Section 3, Subsection 1812-c
PURPOSE: To clearly outline quality characteristics of compost product for different purposes.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Producers of bulk compost materials and state agencies now using soil products in their programs.

CHAPTER 600: Rules Governing the Disposal of Cull Potatoes
STATUTORY AUTHORITY: 7 MRSA Section 1007-A.
PURPOSE: Establishes criteria for the proper disposal of cull potatoes so as to avoid environmental contamination and spread of disease.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: potato growers, abutting and neighboring property owners

CHAPTER 701: Rules Setting Minimum Standards for Pet Shops, Shelters, Kennels and Boarding Kennels
STATUTORY AUTHORITY: 7 MRSA Section 3906B(l 0)
PURPOSE: Establish and/or amends standards for various animal facilities
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Owners and operators of animal facilities, persons generally interested in the welfare of animals.

CHAPTER: Rule defining prohibited substances in animals competing in Pulling Events and Livestock Exhibitions.
STATUTORY AUTHORITY: 7 MRSA Section 74A
PURPOSE: These rules will define substances that are prohibited in animals at pulling events and exhibitions.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Persons with animals competing in pulling events and livestock exhibitions.

CHAPTER: Rules for Operation of the Agricultural Marketing Loan Fund
STATUTORY AUTHORITY: 7 MRSA Section 437
PURPOSE: Establishes rules for the operation of the Agricultural Marketing Loan Fund.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Borrowers

CHAPTER: Rules for Operation of the Rural Rehabilitation Fund
STATUTORY AUTHORITY:
PURPOSE: Establishes rules for the operation of the Rural Rehabilitation Fund
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Borrowers


01-013
Department of Agriculture Food and Rural Resources
Maine Potato Marketing Committee
Robert N. Moore, Deputy Commissioner 28 State House Station
Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 2: Marketing Order--Russet Potatoes
STATUTORY AUTHORITY: 7 MRSA 991-1006
PURPOSE: Modify grade standards as needed.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Potato farmers, packers and shippers.

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, 1999
AFFECTED PARTIES: Potato farmers, packers, and shippers.


01-015
Maine Department of Agriculture, Food and Rural Resources
Maine Milk Commission
Robert N. Moore, Deputy Commissioner
28 State House Station
Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

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, consumers

CHAPTER 25: 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: August, 1997
AFFECTED PARTIES: Dealers, 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 July, 1999
AFFECTED PARTIES: Retailers, consumers

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 July, 1999
AFFECTED PARTIES: Farmers, dealers, 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 July, 1999
AFFECTED PARTIES: Farmers, dealers, consumers, retailers.

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

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: July, 1997
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 July, 1999
AFFECTED PARTIES: Commission, intervenors, industry.

CHAPTER 6: Inspection of Records, Books and Accounts
STATUTORY AUTHORITY: 7 MRSA 2953-2954
PURPOSE: Adopt or amend rule to all inspection of industry records, books, accounts and any matter relating to the dairy industry and the setting of minimum prices.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Farmers, dealers, 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 July, 1999
AFFECTED PARTIES: Dealers, 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 July, 1999
AFFECTED PARTIES: Farmers, dealers

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 July, 1999
AFFECTED PARTIES: Producers through 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 July, 1999
AFFECTED PARTIES: Farmers, dealers, retailers, and consumers

CHAPTER: Milk Promotion
STATUTORY AUTHORITY: 7 MRSA 2954
PURPOSE: Establish guidelines for promotions of milk.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Farmers, dealers, retailers, consumers.

CHAPTER 20: Prevention of Destructive Competition
STATUTORY AUTHORITY: 7 MRSA 2981 et seq.
PURPOSE: Prohibits predatory pricing
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Farmers, dealers, retailers, and milk consumers

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 July, 1999
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 July, 1999
AFFECTED PARTIES: All sectors

CHAPTER 1: Integrated Operations
STATUTORY AUTHORITY: 7 MRSA 2953-2954
PURPOSE: Set minimum controls for integrated operations.
ANTICIPATED SCHEDULE: Prior to July, 1999
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 July, 1999
AFFECTED PARTIES: Farmers, 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 July, 1999
AFFECTED PARTIES: Farmers

CHAPTER 1: Container Deposits
STATUTORY AUTHORITY: 7 MRSA 2953-2954
PURPOSE: Set deposit price for any container.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Farmers, dealers


01-017
Maine Department of Agriculture, Food and Rural Resources
State Harness Racing Commission
Robert N. Moore, Deputy Commissioner
28 State House Station
Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1 through 31: Harness Racing Rule Recodification and Revision
STATUTORY AUTHORITY: 8 MRSA 268 et seq.
PURPOSE: The Maine Harness Racing Commission recently recodified its entire body of rules. Minor corrections and modifications may be needed to clarify changes made last year.
ANTICIPATED SCHEDULE: July 1, 1997 - January 15, 1998
AFFECTED PARTIES: Harness horse owners, track owners and operators, those affiliated with the harness racing industry.

CHAPTER 29: Date Assignment Hearings
STATUTORY AUTHORITY: 8 MRSA 268, 271
PURPOSE: Assigns racing dates for the coming year.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Race track owners and operators.


01-019
Maine Department of Agriculture Food and Rural Resources
Soil and Water Conservation Commission
Robert N. Moore, Deputy Commissioner 28 State House Station
Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 15: Election of Soil and Water Conservation District Supervisors
STATUTORY AUTHORITY: 12 MRSA 101
PURPOSE: Clarify election procedures, as needed. ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Current and potential supervisors


01-020
Maine Department of Agriculture, Food and Rural Resources
Maine Agricultural Bargaining Board
Robert N. Moore, Deputy Commissioner 28 State House Station
Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 3: Rules of Procedure for the Maine Agricultural Bargaining Board
STATUTORY AUTHORITY: 13 MRSA 1956.6
PURPOSE: Modify rules, as necessary, to clarify operating procedures of the Board.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Bargaining groups, processors


01-026
Maine Department of Agriculture, Food, and Rural Resources
Board of Pesticides Control
Robert N. Moore, Deputy Commissioner 28 State House Station
Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 10: Definitions and Terms
STATUTORY AUTHORITY: 22 MRSA 1471
PURPOSE: In 1996 the Board consolidated all definitions to rule in this chapter. This chapter will be undergoing rulemaking each time a new definition is added to one of the subsequent chapters.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: All individuals and businesses affected by the Board's rules.

CHAPTER 20: Special Provisions
STATUTORY AUTHORITY: 22 MRSA 1471
PURPOSE: The Board may amend the current chapter to include specific duties which an employer must do to protect their employees from occupational exposure to pesticides. Many of the amendments will be modeled on the 1992 Federal Worker Protection Standard.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: All business which use pesticides and have one or more employees.

CHAPTER 21: Pesticide Container Disposal and Storage
STATUTORY AUTHORITY: 22 MRSA 1471
PURPOSE: The Board may make amendments to reflect current practices regarding payment of deposits, issuance of stickers and submission of affidavits.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Pesticide applicators and dealers.

CHAPTER 22: Standards for Outdoor Application of Pesticides by Powered Equipment in Order to Minimize Off-Target Deposition
STATUTORY AUTHORITY: 7 MRSA 601 & 22 MRSA 1471
PURPOSE: The Board may make amendments to this chapter which affects all applicators making outdoor applications with powered application equipment.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: All applicators making outdoor applications with powered application equipment.

CHAPTER 23: Standards for Indoor Applications of Pesticides
STATUTORY AUTHORITY: 22 MRSA Ch. 258-1 section 1471
PURPOSE: These regulations will establish minimum standards that indoor applicators must follow in maintaining their equipment, providing notice to residents, employees or visitors of the building to be treated, and making applications in a manner to minimize human exposure to any applied pesticides
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Pesticide control operators, indoor plantscapers, greenhouse operators and persons such as retail food chain managers and innkeepers who utilize their services, as well as public health advocates.

CHAPTER 24: Pesticide Storage Facility Standards/Pesticide Distributors
STATUTORY AUTHORITY: 22 MRSA Section 1471-0 and, 7 MRSA Section 610(2)(B)
PURPOSE: The Board may amend its current regulations dealing with the siting, design and operating standards for Pesticide Storage Facilities and self-service sales areas for Pesticide Distributors.
ANTICIPATED SCHEDULE: Prior to July, 1998
AFFECTED PARTIES: Pesticide Distributors

CHAPTER 25: Pesticide Storage Facility Standards/Commercial Applicators STATUTORY AUTHORITY: 22 MRSA Section 1471-0 and 7 MRSA Section 610(2)(B)
PURPOSE: This action would establish regulations dealing with the siting, design, construction and operating standards for Pesticide Storage Facilities belonging to Commercial Applicators.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Commercial applicators.

CHAPTER 26: Pesticide Storage Facility Standards/Warehouse Retailers
STATUTORY AUTHORITY: 22 MRSA Section 1471-0 and 7 MRSA Section 610(2)(B)
PURPOSE: This action would establish standards for the display and storage of pesticides in self-service sales areas by warehouse retailers.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Pesticide dealers with self-service sales areas.

CHAPTER 28: Pesticide Notification Registry for Outdoor Pesticide Application
STATUTORY AUTHORITY: 22 M.R.S.A. 1471-M(2)(D)
PURPOSE: This rule will establish a registry for persons who wish to be notified of outdoor pesticide applications in their vicinity. It would establish mechanisms for notifying applicators (commercial and homeowner) in the area of the existence of the person on the registry. This rule would also establish fees to be on such a registry.
ANTICIPATED SCHEDULE: Notice of Agency Rulemaking and Hearings - June 1997, Adoption - Sept/Oct. 1997
AFFECTED PARTIES: Persons who believe they are sensitive to pesticides would benefit greatly. Regulated parties include all commercial pesticide applications and anyone who applies pesticides outdoors in the vicinity of persons on the registry.

CHAPTER 29. Standards for Water Quality Protection
STATUTORY AUTHORITY: 22 MRSA Section 1471-M(2)(D)
PURPOSE: These regulations would establish standards for protecting both ground and surface water by establishing a set back from surface water during mixing and loading operations, establishing 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, 1999
AFFECTED PARTIES: Commercial and private pesticide applicators.

CHAPTER 31, 32, 34, 35 and 36: Certification and Licensing Requirements for Applicators, Dealers, Firms, Monitors and Spotters
STATUTORY AUTHORITY: 22 MRSA 1471
PURPOSE: The Board may amend the current regulations dealing with the certification, licensing, examination of licensed individuals and businesses.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: All persons licensed by the Board.

CHAPTER 40: State Restricted Pesticide List
STATUTORY AUTHORITY: 7 MRSA 106 & 22 MRSA 1471
PURPOSE: The Board may update its Restricted Use List by including products restricted by the U.S. 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, 1999.
AFFECTED PARTIES: Pesticide manufacturers, pesticide applicators, and environmental groups interested in pesticide issues.

CHAPTER 41: Special Restrictions
STATUTORY AUTHORITY: 7 MRSA 601 and 22 MRSA 1471
PURPOSE: The Board may amend these chapters to place additional use restrictions on pesticides which are identified as groundwater contaminants. This Board may also propose amendments to this chapter to place additional restrictions on products identified as potential risks by the health or environmental review processes.
ANTICIPATED SCHEDULE: Prior to July 1998.
AFFECTED PARTIES: All applicators making outdoor applications, environmental groups.

CHAPTER 50: Reporting Requirements for Applicators and Dealers
STATUTORY AUTHORITY: 22 MRSA 1471
PURPOSE: The Board may amend current regulations to require all private applicators to report pesticide use to the Board annually. This action will also amend the sales reporting requirements for pesticide dealers in Maine.
ANTICIPATED SCHEDULE:
AFFECTED PARTIES: All private and commercial applicators, dealers, and consumer or environmental groups.

CHAPTER 51: Notice of Aerial Pesticide Applications.
STATUTORY AUTHORITY: 22 MRSA 1471
PURPOSE: The Board may amend the current regulations dealing with forest insect, ornamental plant, rights of way, other forest pests, biting flies, other public health pests aerial applications.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Aerial applicators, paper company and utility officials, environmental groups.

CHAPTER 53: Pesticide Use Reduction
STATUTORY AUTHORITY: 22 MRSA Section 1471-0 and 7 MRSA Section 610(2)(B)
PURPOSE: This action would create regulations to facilitate pesticide use reduction programs in the State of Maine.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: All users of pesticides in the state.

CHAPTER unassigned: Notice of Pesticide Applications by Ground Applicators
STATUTORY AUTHORITY: 22 MRSA 1471
PURPOSE: These regulations will establish requirements so that ground applicators will have to provide notification to abutters and the general public in a manner similar to that required for aerial applicators.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: All commercial and private applicators, environmental groups, and any citizens interested in having their land sprayed.

CHAPTER unassigned: Standards for Buffers Around Surface Water Bodies
STATUTORY AUTHORITY: 22 MRSA 1471
PURPOSE: This action would 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, 1999.
AFFECTED PARTIES: Pesticide manufacturers, outdoor applicators and environmental groups.


01-303
Maine Department of Agriculture, Food and Rural Resources
Pull Events Commission
Robert N. Moore, Deputy Commissioner 28 State House Station
Augusta, Maine 04333-0028

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER: 01-303-015 Rules for Pull Superintendent Certification
STATUTORY AUTHORITY: 7 MRSA 75
PURPOSE: Make any necessary changes to improve operation.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Fairs, pulling events.


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