CHAPTER 172
S.P. 209 - L.D. 654
An Act To Provide for Independent Testing of Unpasteurized Milk Products
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §2902-B, sub-§4 is enacted to read:
4. Testing of unpasteurized milk products. The commissioner shall establish a process by rule for submitting samples of unpasteurized milk products to an independent laboratory for testing when:
A. The milk laboratory operated by the department has tested unpasteurized milk products and determined that they do not meet the standards for unpasteurized milk products established by rules adopted pursuant to section 2910; and
B. The person operating the milk plant that processed the milk products has requested independent testing.
The commissioner may require the person requesting the independent testing under paragraph B to pay for that testing. Any restrictions on the sale of unpasteurized milk products pending test results and after receipt of test results must be established by rule. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. For the purposes of this subsection, "independent laboratory" means a laboratory that is operated by a private entity or a public entity other than the department.
Effective September 17, 2005.
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