Sec. E-1. 10 MRSA §1602, as amended by PL 1977, c. 694, §166, is repealed and the following enacted in its place:
1. Unlawful use of trademark. After establishment by rules adopted in a manner consistent with the Maine Administrative Procedure Act of a trademark by the commission, a person may not use the trademark without first securing a permit or license from the Maine Potato Commission.
2. Penalty. The following penalties apply to violations of this section.
A. A person who violates this section commits a civil violation for which a fine of not more that $50 may be adjudged.
B. A person who violates this section after having previously violated this section commits a civil violation for which a fine of not more than $200 may be adjudged.
3. Additional remedies. The Maine Potato Commission or a duly authorized representative may recover penalties imposed for violation of this section in a civil action brought in the name of the commission, and if it prevails in such action may recover full costs; or the commission may prosecute for violations of this section by complaint or indictment. The District Court and the Superior Court have concurrent jurisdiction of actions brought for the recovery of penalties imposed by this section and of prosecutions for violations thereof.
Sec. E-2. 10 MRSA §1606 is repealed.
Sec. E-3. 10 MRSA §1661-B, sub-§2, as enacted by PL 1989, c. 83, §2, is repealed and the following enacted in its place:
2. Penalties. The following penalties apply to violations of this section.
A. A person, firm, partnership or corporation who violates this section commits a civil violation for which a fine of not more than $100 may be adjudged.
B. A person, firm, partnership or corporation who violates this section after having previously violated this section commits a civil violation for which a fine of not more than $500 may be adjudged.
Sec. E-4. 10 MRSA §1661-B, sub-§3 is enacted to read:
3. Enforcement. The Commissioner of Agriculture, Food and Rural Resources shall enforce this section pursuant to Title 7, section 14.
Sec. E-5. 10 MRSA §2364-B, sub-§5, as enacted by PL 1997, c. 648, §2, is amended to read:
5. Enforcement; violations. Upon request, a truck driver must present the trip ticket to any employee of the State charged with enforcing the provisions of this subchapter. Upon request, a wood scaler shall present the record of measurement including a copy of the trip ticket or information contained on the trip ticket to any employee of the State charged with enforcing the provisions of this subchapter. A person who fails to comply with the provisions of this section or misrepresents information on a trip ticket is subject to the penalties provided in section 2368.
A. A person who violates this section commits a civil violation and is subject to the penalties provided in section 2368.
B. A person who violates this section after having previously violated this subchapter or rules adopted pursuant to this subchapter commits a civil violation and is subject to the penalties provided in section 2368.
C. A person who misrepresents information on a trip ticket commits a civil violation and is subject to the penalties provided in section 2368.
D. A person who misrepresents information on a trip ticket after having previously violated this subchapter or rules adopted pursuant to this subchapter commits a civil violation and is subject to the penalties provided in section 2368.
Sec. E-6. 10 MRSA §2368, as enacted by PL 1983, c. 804, §11, is repealed and the following enacted in its place:
1. Civil penalties. The following penalties apply to violations of this subchapter or a rule adopted pursuant to this subchapter.
A. A person who violates this subchapter or a rule adopted pursuant to this subchapter is subject to a civil penalty of not more than $1,000.
B. A person who violates this subchapter or a rule adopted pursuant to this subchapter after having previously violated this subchapter or a rule adopted pursuant to this subchapter is subject to a civil penalty of not more than $2,000.
These penalties may be recovered by the state sealer on behalf of the State in a civil action.
2. Private action. A person who violates this subchapter or a rule adopted pursuant to this subchapter is liable in a civil action to a person aggrieved by the violation pursuant to the remedies set forth in Title 26, section 626-A. The civil action for damages may be brought by either the aggrieved party or, at the request of the state sealer, by the Attorney General.
Sec. E-7. 10 MRSA §2505, as amended by PL 1999, c. 646, §2, is repealed and the following enacted in its place:
1. Falsification of certificate. A licensed public weighmaster who falsifies a weight certificate or who delegates authority to a person not licensed as a licensed public weighmaster or who preseals a weight certificate with the licensed public weighmaster's official seal before performing the act of weighing commits a civil violation for which a fine of not more than $100 may be adjudged.
2. Misuse of seal. A holder of a corporate public weighmaster's license may not allow a person not licensed as a licensed public weighmaster to issue a weight certificate using the corporate seal.
A. A person who violates this subsection commits a civil violation for which a fine of not more than $500 may be adjudged.
B. A person who violates this subsection after having previously violated this subsection commits a civil violation for which a fine of not more than $1,000 may be adjudged.
3. Holder of corporate license. For the purposes of this section, the person whose name appears on the application for a corporate license pursuant to section 2501, subsection 2 is deemed to be the holder of the corporate license.
Sec. E-8. 10 MRSA §2656 is repealed and the following enacted in its place:
1. Violation of subchapter; first and subsequent offenses. The following penalties apply to violations of this subchapter.
A. A person who violates a provision of this subchapter commits a civil violation for which a fine of not more than $100 may be adjudged.
B. A person who violates a provision of this subchapter after having previously violated this subchapter commits a civil violation for which a fine of not more than $200 may be adjudged.
2. Conducting business without license; first and subsequent offenses. A person may not conduct a business of dealer or repairman without having a certificate in full force.
A. A person who violates this subsection commits a civil violation for which a fine of not more than $100 may be adjudged.
B. A person who violates this subsection after having previously violated this subsection commits a civil violation for which a fine of not more than $200 may be adjudged.
Sec. E-9. 10 MRSA §2702 is repealed and the following enacted in its place:
§2702. Penalty for failure to pay
1. Payment for services rendered. A person, firm or corporation for whom scales, weights and measures or any weighing or measuring devices have been tested by a local sealer of weights and measures may not neglect or refuse to pay for the services rendered.
2. Penalties. The following penalties apply to violations of this section.
A. A person, firm or corporation who violates subsection 1 commits a civil violation for which a fine of $3 plus costs must be adjudged.
B. A person, firm or corporation who violates subsection 1 after having previously violated subsection 1 commits a civil violation for which a fine of not less than $10 plus costs and not more than $20 plus costs must be adjudged.
Sec. E-10. 10 MRSA §8003-C, sub-§3, as enacted by PL 1999, c. 687, Pt. C, §12, is repealed and the following enacted in its place:
3. Unlicensed practice; criminal penalties. Notwithstanding any other provision of law:
A. A person who practices or represents to the public that the person is authorized to practice a profession or trade and intentionally, knowingly or recklessly fails to obtain a license as required by this Title or intentionally, knowingly or recklessly practices or represents to the public that the person is authorized to practice after the license required by this Title has expired or been suspended or revoked commits a Class E crime; and
B. A person who practices or represents to the public that the person is authorized to practice a profession or trade and intentionally, knowingly or recklessly fails to obtain a license as required by this Title or intentionally, knowingly or recklessly practices or represents to the public that the person is authorized to practice after the license required by this Title has expired or been suspended or revoked when the person has a prior conviction under this subsection commits a Class D crime. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence, except that, for purposes of this paragraph, the date of the prior conviction must precede the commission of the offense being enhanced by no more than 3 years.
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