A fee for administrative costs, which must be at a rate set by rule by the commissioner upon consultation with the Potato Marketing Improvement Committee but that may not exceed 1% of the loan, must be charged on all loans made for projects, the total cost of which exceeds $50,000. This fee must be deposited in the Potato Marketing Improvement Fund.

Sec. 39. 7 MRSA §1031, as amended by PL 1987, c. 99, §1, is repealed.

Sec. 40. 7 MRSA §1033, as amended by PL 2001, c. 164, §1, is repealed.

Sec. 41. 7 MRSA §1033-A, as corrected by RR 1997, c. 2, §28, is amended to read:

§1033-A. Duties of the commissioner

1. Inspection fee. After considering the recommendations of the Maine Potato Quality Control Board, as provided in section 1033, subsection 2, paragraph G, and after considering available money appropriated from the General Fund, the commissioner shall set the inspection fee for potatoes packed in Maine bags pursuant to rules adopted pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375.

2. Statement of basis for fee. Upon request of the Maine Potato Quality Control Board, the commissioner shall provide to the board and other interested parties a written statement of the basis for the fee established under this section.

3. Maine bag grades. Pursuant to the rule-making provisions of the Maine Administrative Procedure Act, the commissioner shall adopt the official grade or grades for potatoes to be packed in Maine bags. The commissioner and the Maine Potato Quality Control Board shall jointly prepare proposed rules. These rules as finally adopted become effective on August 1st, 1988 and may be amended only annually thereafter, with amendments becoming effective on August 1st of the year in which adopted. A Maine bag grade may not be less than United States No. 1.

Sec. 42. 7 MRSA §1034, as amended by PL 1987, c. 99, §15, is further amended to read: