Sec. 1. 32 MRSA §1901, sub-§1-A, as enacted by PL 1993, c. 256, §2, is repealed and the following enacted in its place:

1-A.__Fees.__The Commissioner of Agriculture, Food and Rural Resources shall establish the fee for a license to sell nursery stock by rule, which is a routine technical rule as defined in Title 5, chapter 375, subchapter II-A.

Sec. 2. 32 MRSA §1901, sub-§2, as enacted by PL 1991, c. 785, §4 and affected by §5, is amended to read:

2. Violations. Any person, firm or corporation engaged in the business of selling nursery stock without a license commits a civil violation for which a forfeiture not to exceed $500 may be adjudged. Licenses may be revoked by the Administrative Court, as provided in the Maine Administrative Procedure Act, for failure to comply with the requirements of Title 7, chapter 405- A.

SUMMARY

This bill deletes the fee structure specified in law for a nursery license and requires the Commissioner of Agriculture, Food and Rural Resources to establish these fees by rule. The bill also makes it a civil violation to sell nursery stock without a license and establishes a forfeiture of not more than $500.