Maine Revised Statutes Title 7 Sec. 426 – Contents of market order or market agreement
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Any market order or market agreement adopted by the commissioner may contain any or all of the following: [PL 1981, c. 154, §1 (NEW).]
1. Surplus. Provisions for determining the existence and extent of the surplus of any agricultural commodity, or of any grade, size or quality thereof, and for regulating and disposing of the surplus;
[PL 1981, c. 154, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 7 Sec. 426
- Agricultural commodity: means any and all agricultural, horticultural and vineyard crops and products when produced or sold in this State, either in their natural state or as processed by the producer, including such products as:
A. See Maine Revised Statutes Title 7 Sec. 423Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's designee. See Maine Revised Statutes Title 7 Sec. 423 Grade: means one of the officially established grades for an agricultural commodity as defined by the commissioner. See Maine Revised Statutes Title 7 Sec. 423 Handler: means any person, except a common carrier, exempt carrier or contract carrier of agricultural commodities, who is engaged in packing, grading, selling, offering for sale or marketing any agricultural commodities, who as owner, agent or otherwise ships or causes to be shipped an agricultural commodity. See Maine Revised Statutes Title 7 Sec. 423 Market agreement: means an agreement with the commissioner entered into pursuant to this subchapter. See Maine Revised Statutes Title 7 Sec. 423 Market order: means an order issued by the commissioner pursuant to this subchapter, prescribing rules governing the marketing, distribution, sale or handling, in any manner of any agricultural commodity during any specified period. See Maine Revised Statutes Title 7 Sec. 423 Processor: means any person, other than a consumer, who purchases or contracts to purchase an agricultural commodity primarily for manufacture into food or other products by operations which change the physical form which that agricultural commodity possessed when produced. See Maine Revised Statutes Title 7 Sec. 423 Producer: means any person engaged within this State in the business of producing, or causing to be produced, for any market, any agricultural commodity. See Maine Revised Statutes Title 7 Sec. 423
2. Quantity. Provisions for limiting the total quantity of any agricultural product, or of any grade or grades, size or sizes, or quality or portions of those agricultural products which may be marketed during any specified period or periods. The total limitations of any commodity so regulated shall not provide for the marketing of less than the quantity which the commissioner finds is reasonably necessary to supply the market demand of consumers for that commodity;
[PL 1981, c. 154, §1 (NEW).]
3. Time periods. Provisions for regulating the period or periods, during which any agricultural commodity, or any grade or grades, size or sizes or quality or portions or combinations of a commodity, may be marketed;
[PL 1981, c. 154, §1 (NEW).]
4. Standards. Provisions for establishing uniform standards of quality, grade, condition, size, maturity or pack of any agricultural commodity delivered by producers or other persons to handlers or processors or others engaged in the handling of agricultural commodities;
[PL 1981, c. 154, §1 (NEW).]
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;
[PL 2005, c. 512, §8 (RPR).]
6. Other sales. Provisions for requiring that no handler or processor of any agricultural commodity for which standards are established pursuant to subsection 4 may, except as otherwise provided in the market agreement or order, have in the handler’s or processor’s possession, sell, offer for sale, process, distribute or otherwise handle any such commodity produced within or without the State, not meeting or complying with the established standards;
[RR 2021, c. 1, Pt. B, §68 (COR).]
7. Other provisions. Such other provisions as may be necessary to carry out the declared purposes of this subchapter.
[PL 1981, c. 154, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 154, §1 (NEW). PL 2005, c. 512, §8 (AMD). RR 2021, c. 1, Pt. B, §68 (COR).