| | | 5.__Prohibition on sale; mandatory inspection.__Provisions | | prohibiting a producer of an agricultural commodity to which a | | market order or market agreement applies from selling, offering | | for sale or delivering a commodity not meeting and complying with | | standards established pursuant to subsection 4.__A provision for | | mandatory inspection under a market order must be indicated in | | the market order and specifically included in the referendum | | proposal under section 425, subsection 2; |
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| | | Sec. 9. 7 MRSA §443-A, sub-§3, as enacted by PL 1995, c. 294, §1, is | | repealed. |
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| | | Sec. 10. 7 MRSA §443-A, sub-§5 is enacted to read: |
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| | | 5.__Enforcement; prima facie evidence.__The commissioner or an | | agent of the commissioner may request proof of the origin of farm | | produce for the purpose of enforcing this section.__Failure to | | provide written documentation or other reasonable proof upon | | request as to the origin of the produce offered for sale is prima | | facie evidence that a person is in violation of this section. |
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| | | Sec. 11. 7 MRSA §452, sub-§7, as enacted by PL 1981, c. 139, is | | amended to read: |
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| | | 7. Licensed commodities. "Licensed commodities" means dry | | beans and other vegetables listed in rules established pursuant | | to section 453, but does not mean potatoes, which are governed by | chapter 103, subchapter X 10, article 3. |
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| | | Sec. 12. 7 MRSA §453, first ¶, as enacted by PL 1981, c. 139, is | | amended to read: |
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| | | The commissioner may, in a manner consistent with the Maine | Administrative Procedure Act, Title 5, chapter 375, adopt rules | | for carrying out this subchapter and establishing a list of | | commodities for which a person must have a license under section | | 454 to act as an agent, broker, dealer or processor. |
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| | | Sec. 13. 7 MRSA §454, as enacted by PL 1981, c. 139, is amended to | | read: |
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| | | No A person may not act as agent, broker, dealer or processor | unless duly licensed as provided in this subchapter. Every | person, before Before acting as a dealer, processor, broker or | | agent, a person shall file an application with the commissioner | | for a license to transact the business of a dealer, processor, | broker or agent and the application shall must be accompanied by | | the license fee provided in this subchapter. |
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