HP0954, LD 1337, item 1, An Act To Revise the Maine Wild Mushroom Harvesting Certification Program

An Act To Revise the Maine Wild Mushroom Harvesting Certification Program

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §2175, sub-§2-A is enacted to read:

2-A. License required. A person may not sell, transfer or otherwise deliver wild mushrooms within the State without a license issued by the Department of Health and Human Services, except that a person does not need a license issued under this section to sell, transfer or otherwise deliver wild mushrooms that the person has received through a chain of custody that includes a person licensed under this section. The Department of Health and Human Services shall issue a license to an applicant who holds a valid certification according to subsection 2 and meets any additional requirements that may be established by the department by rule.

Sec. 2. 22 MRSA §2175, sub-§3, as amended by PL 2011, c. 587, §1, is further amended to read:

3. Refusal to certify or license; revocation of certification or license. The Department of Health and Human Services may decline to certify or license any person determined to lack the appropriate training to safely harvest, broker or sell wild mushrooms, in accordance with recommendations of the Maine Wild Mushroom Harvesting Advisory Committee under subsection 5 and rules adopted by the Department of Health and Human Services pursuant to this section. The Department of Health and Human Services may revoke, in accordance with the Maine Administrative Procedure Act, the certification or license of any person in accordance with recommendations of the Maine Wild Mushroom Harvesting Advisory Committee and rules adopted by the Department of Health and Human Services pursuant to this section.

Sec. 3. 22 MRSA §2175, sub-§7, as amended by PL 2011, c. 587, §1, is further amended to read:

7. Fees; license renewal. The certification license fees may not exceed $20 and must be established by the Department of Health and Human Services by rule. Licenses under this section must be renewed annually, on a schedule determined by the Department of Health and Human Services by rule. Revenues from applicants for certification licenses pursuant to subsection 2 2-A must be deposited into a special revenue account dedicated to a health inspection program.

Sec. 4. 22 MRSA §2175, sub-§§9 to 11 are enacted to read:

9. Sustainability. The Department of Health and Human Services may, by rule, place limits on the number of licenses issued under this section or place limits on the time or manner of harvest of wild mushrooms by license holders to ensure the sustainability of wild mushroom resources.

10. Penalties. A person who violates subsection 2-A or 11 commits a civil violation for which a fine of not less than $1,000 nor more than $5,000 may be adjudged. Each violation of this section must be treated as a separate offense. The Department of Health and Human Services may suspend the license of any person convicted of a 2nd or subsequent violation of this section. The suspension period must be for at least one year from the date of conviction and may be for up to 3 years.

11. Liability insurance. A person licensed under this section shall maintain a financial responsibility policy of liability insurance in an amount set by the Department of Health and Human Services by rule.

summary

This bill creates an annual licensing requirement, in addition to the existing certification requirement, for certain persons selling, transferring or otherwise delivering wild mushrooms within the State. This bill provides that a person does not need a license to sell wild mushrooms that had been originally received from a licensed person. Fees currently required for certification are shifted to the annual licensing system. This bill adds a requirement that license holders maintain liability insurance, provides for a civil penalty of $1,000 to $5,000 for each violation of the license or insurance requirement and provides for license suspension for repeat offenses.

HP0954 LD 1337	Session - 126th Maine Legislature		LR 1162 Item 1
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