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Second Regular Session of the 122nd

H.P. 1373 - L.D. 1961

An Act To Create a Tiered Wholesale Seafood Dealer's License

     Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, the 90-day period will end after the period during which shellfish dealer licenses are valid; and

     Whereas, unless enacted as an emergency measure, the new category of license authorized in this legislation will be unavailable to holders of commercial shellfish licenses until 2007; 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 enacted by the People of the State of Maine as follows:

     Sec. 1. 12 MRSA §6851-A is enacted to read:

     1. License required. A person may not engage in the activities authorized under this section without a current commercial shellfish license issued under section 6601.

     2. Licensed activity. A holder of a limited wholesale shellfish harvester's license may, within or beyond the state limits, sell, ship or transport in the wholesale trade only shellfish the holder has taken.

     3. License limited. A limited wholesale shellfish harvester's license authorizes activities under this section at only one establishment and with only one vehicle.

     4. Fee. The fee for a limited wholesale shellfish harvester's license is $100.

     Sec. 2. 12 MRSA §6856, sub-§1, as amended by PL 2003, c. 248, §11, is further amended to read:

     1. Shellfish sanitation certificate. A person may not undertake the processing, buying, selling, shipping, transporting or shucking of shellfish or whole scallops without a shellfish sanitation certificate unless authorized under section 6701 or 6702. The commissioner may issue a shellfish sanitation certificate to a wholesale seafood license holder, a limited wholesale shellfish harvester's license holder or a shellfish transportation license holder that authorizes the holder to undertake the activities expressly authorized therein, which may include buying and selling, shipping, transporting, shucking or other processing of shellfish or whole scallops. A wholesale seafood license, limited wholesale shellfish harvester's license or shellfish transportation license is also necessary to undertake the activities authorized under those licenses.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective March 24, 2006.

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