| | 5.__Enforcement; prima facie evidence.__The commissioner or an | agent of the commissioner may request proof of the origin of a | product for the purpose of enforcing this section.__Failure to | provide written documentation or other reasonable proof upon | request as to the origin of the products offered for sale at a | farmers' market is prima facie evidence that a person is in | violation of this section. |
|
| | Sec. 7. 7 MRSA §424, sub-§3, as enacted by PL 1981, c. 154, §1, is | amended to read: |
|
| | 3. Enforcement. The commissioner may institute such | investigations, hold such hearings, require such reports, | subpoena such records and persons and take such other actions as | he that the commissioner finds necessary to implement this | subchapter. The commissioner may institute such action at law or | in equity as may appear necessary to enforce compliance with any | provision of this subchapter, or any rule, market agreement or | order, committed to his the commissioner's administration under | this subchapter. In addition to any other remedy under this | subchapter or otherwise, the commissioner may apply for relief by | injunction to protect the public interest without being compelled | to allege or prove that an adequate remedy at law does not exist | and without being compelled to post bond. |
|
| | Sec. 8. 7 MRSA §426, sub-§5, as enacted by PL 1981, c. 154, §1, is | repealed and the following enacted in its place: |
|
| | 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; |
|
| | Sec. 9. 7 MRSA §443-A, sub-§3, as enacted by PL 1995, c. 294, §1, is | repealed. |
|
| | Sec. 10. 7 MRSA §443-A, sub-§5 is enacted to read: |
|
| | 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. |
|
|