| | |
information to enable Maine farmers to make wise short-term and | | long-term production decisions; to establish standards for proper | | storage, packing and grading of agricultural products; and to | | create adequate enforceable programs for quality assurance as well | | as for the effective coordination of promotion and advertising | | efforts. In order to ensure that these responsibilities are | | fulfilled, the Legislature finds it necessary to provide state | | assistance to agricultural marketing and promotion. |
|
| | | Sec. 5. 7 MRSA §415, sub-§2, ¶B, as enacted by PL 1993, c. 138, §1, is | | amended to read: |
|
| | | B. A person may not sell farm and food products at a market | | labeled "farmers' market" unless at least 75% of the product | | offered by that person was grown or processed by that person | | or under that person's direction. A product not grown or | | processed by that person must have been grown or processed | | by and purchased directly from another farmer. |
|
| | | Sec. 6. 7 MRSA §415, sub-§5 is enacted to read: |
|
| | | 5.__Enforcement; prima facie evidence.__The commissioner or an | | agent of the commissioner may request proof of the origin of a | | product for the purpose of enforcing this section.__Failure to | | provide written documentation or other reasonable proof upon | | request as to the origin of the products offered for sale at a | | farmers' market is prima facie evidence that a person is in | | violation of this section. |
|
| | | Sec. 7. 7 MRSA §424, sub-§3, as enacted by PL 1981, c. 154, §1, is | | amended to read: |
|
| | | 3. Enforcement. The commissioner may institute such | investigations, hold such hearings, require such reports, | subpoena such records and persons and take such other actions as | he that the commissioner finds necessary to implement this | subchapter. The commissioner may institute such action at law or | in equity as may appear necessary to enforce compliance with any | provision of this subchapter, or any rule, market agreement or | order, committed to his the commissioner's administration under | | this subchapter. In addition to any other remedy under this | | subchapter or otherwise, the commissioner may apply for relief by | | injunction to protect the public interest without being compelled | | to allege or prove that an adequate remedy at law does not exist | | and without being compelled to post bond. |
|
| | | Sec. 8. 7 MRSA §426, sub-§5, as enacted by PL 1981, c. 154, §1, is | | repealed and the following enacted in its place: |
|
|