Whereas, current law allows the Director of the Bureau of Forestry to prohibit or regulate the entry of certain plants into the State; and

Whereas, the director has established a ban in many counties in the State against possessing and cultivating plants of the genus Ribes, including gooseberries, currants, European black currants and other members of the Ribes plant genus; and

Whereas, it is possible in today's agricultural market to obtain plants of the genus Ribes that are certified resistant or immune to White Pine Blister Rust; and

Whereas, this bill allows the possession and cultivation of such plants, and in order for this to be in effect for the growing season this bill must take effect immediately; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §8305, as enacted by PL 1979, c. 545, §3, is amended to read:

§8305. Shipment prohibited

The director may prohibit, prevent or regulate the entry into or movement within the State, from any part thereof to any other part, of any plants of the genus Ribes or other nursery or wilding plants, stock or parts of plants which that may cause the introduction or spread of a dangerous forest insect or disease; except that the director shall allow possession, shipment and cultivation of plants of the genus Ribes if the plants are specifically labeled by the shipper as certified resistant or immune to white pine blister rust. The director may issue the necessary orders, permits and notices necessary to carry out this section which shall not be considered to require or constitute an adjudicatory proceeding under the Maine Administrative Procedure Act, Title 5, chapter 375.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.