LD 1567
pg. 169
Page 168 of 185 An Act To Implement Recommendations of the MCJUSTIS Policy Board Concerning the... Page 170 of 185
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LR 526
Item 1

 
violation of this subsection is a strict liability crime as defined
in Title 17-A, section 34, subsection 4-A.__Title 17-A, section 9-A
governs the use of prior convictions when determining a sentence.

 
Sec. V-6. 36 MRSA §4315, sub-§1, as amended by PL 1999, c. 194, §1, is
further amended to read:

 
1. Transportation of wild blueberries without permit. It is
unlawful for a A person to may not transport wild blueberries in
quantities exceeding 25 pounds without first obtaining a
transportation permit on an official form to be furnished by the
Wild Blueberry Commission of Maine. The Wild Blueberry
Commission of Maine shall issue upon request official
transportation permit forms to shippers and processors certified
under section 4305. Shippers and processors may issue the
transportation permits to owners or owner's transportation agents
with written authorization from owners. Each permit issued must
bear a different number and expire at the end of the calendar
year. When a shipper or processor issues a transportation
permit, the shipper or processor shall immediately send a copy to
the Wild Blueberry Commission of Maine. The commission shall
keep a permanent record of all permits issued. The commission
shall establish the form and content of transportation permits
and establish the record-keeping requirements of the commission,
shippers and processors. Notwithstanding any provision of Title
1, chapter 13, subchapter I to the contrary, records pertaining
to transportation permits required to be kept by the Wild
Blueberry Commission of Maine under this section are confidential
to the extent necessary to preserve the identity of parties to
individual business transactions. The confidential status does
not apply when records kept by the Wild Blueberry Commission of
Maine are needed as evidence in any proceeding to enforce any
provision of section 4314 or this section, or in any prosecution
for a violation of any other criminal law. This subsection does
not apply to wild blueberries that have been received by a
certified shipper or processor and have been weighed, logged into
a permanent record-keeping system and reloaded onto a vehicle for
shipping under a bill of lading.

 
Sec. V-7. 36 MRSA §4315, sub-§1-A is enacted to read:

 
1-A.__Records of permits; confidentiality.__When a shipper or
processor issues a transportation permit, the shipper or
processor shall immediately send a copy to the Wild Blueberry
Commission of Maine.__The commission shall keep a permanent
record of all transportation permits issued.__The commission
shall establish the form and content of transportation permits
and establish the record-keeping requirements of the commission,
shippers and processors.__Notwithstanding any provision of Title


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