CHAPTER 111
H.P. 1860 - L.D. 2595
Resolve, Regarding Legislative Review of Chapter (Unassigned): Rules Governing Maine Milk and Milk Products, Major Substantive Rules of the Department of Agriculture, Food and Rural Resources
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
Whereas, the above-named major substantive rule has been submitted to the Legislature for review; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Adoption. Resolved: That final adoption of Chapter (unassigned): Rules Governing Maine Milk and Milk Products, a provisionally adopted major substantive rule of the Department of Agriculture, Food and Rural Resources, that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A is authorized with the revisions presented to the Joint Standing Committee on Agriculture, Conservation and Forestry on March 15, 2000 by the Director of the Division of Animal Health and Industry within the Department of Agriculture, Food and Rural Resources. A copy of the revised rule and the letter prepared by the Director of the Division of Animal Health and Industry and dated March 13, 2000 that presents the revisions to the provisionally adopted rule must be filed with the Secretary of State as part of the written statement required under the Maine Revised Statutes, Title 5, section 8052, subsection 5. The revisions to the rule include:
1. Several technical changes to the rule;
2. Inserting references in several places to guidelines found in the Grade "A" Pasteurized Milk Ordinance;
3. Specifying that rooms or areas in which not pasteurized milk and milk products are handled must have a self-closing door; and
4. An appeals process for the Commissioner of Agriculture, Food and Rural Resources to use when a milk producer disputes the results of component tests reported by a milk plant.
The Commissioner of Agriculture, Food and Rural Resources is not required to hold hearings or conduct other formal proceedings prior to finally adopting the rule in accordance with this resolve.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective April 12, 2000.
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