| | | 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. |
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| | | Sec. 7. 7 MRSA §424, sub-§3, as enacted by PL 1981, c. 154, §1, is | | amended to read: |
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| | | 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. |
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| | | Sec. 8. 7 MRSA §426, sub-§5, as enacted by PL 1981, c. 154, §1, is | | repealed and the following enacted in its place: |
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| | | 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| | | Sec. 9. 7 MRSA §443-A, sub-§3, as enacted by PL 1995, c. 294, §1, is | | repealed.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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