1. Transportation of wild blueberries; permit required.

[PL 2023, c. 18, §3 (RP).]

Attorney's Note

Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class D crimeup to 1 yearup to $2,000
Class E crimeup to 6 monthsup to $1,000
For details, see Me. Rev. Stat. Title 17-A § 1604

Terms Used In Maine Revised Statutes Title 36 Sec. 4315

  • First hauler: means a person, firm, partnership, association or corporation engaged in the transportation of wild blueberries from the field where the berries were harvested. See Maine Revised Statutes Title 36 Sec. 4302
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Person: means an individual, firm, partnership, association, society, club, corporation, financial institution, estate, trust, business trust, receiver, assignee or any other group or combination acting as a unit, the State or Federal Government or any political subdivision or agency of either government. See Maine Revised Statutes Title 36 Sec. 111
  • Processor: means a person, firm, partnership, association or corporation first engaged in the fresh packing, canning, freezing, pressing, grinding, juicing or dehydrating of wild blueberries whether as owner, agent or otherwise. See Maine Revised Statutes Title 36 Sec. 4302
  • Shipper: means a person, firm, partnership, association or corporation engaged in the shipping, transporting, storing, selling or otherwise handling of wild blueberries either in processed form or as fresh fruit, whether as owner, agent or otherwise. See Maine Revised Statutes Title 36 Sec. 4302
  • Wild blueberries: means all lowbush blueberries grown, purchased, sold or handled for commercial purposes in this State. See Maine Revised Statutes Title 36 Sec. 4302
1-A. Records of permits; confidentiality.

[PL 2023, c. 18, §4 (RP).]

1-B. Restrictions on first haulers. A first hauler who is not certified as a shipper may not transport berries from the field to any entity other than a shipper or a processor holding a valid certification under section 4305.

[PL 2007, c. 694, §9 (NEW).]

2. Permits subject to forgery laws.

[PL 2023, c. 18, §5 (RP).]

3. Violation. The following penalties apply to violations of this section.
A. A person who transports wild blueberries in violation of this section commits:

(1) A Class E crime; or
(2) A Class D crime if the person has 2 or more prior convictions under this paragraph.
B. [PL 2023, c. 18, §7 (RP).]

[PL 2023, c. 18, §§6, 7 (AMD).]

4. Exceptions.

[PL 2023, c. 18, §8 (RP).]

SECTION HISTORY

PL 1989, c. 214, §2 (NEW). PL 1989, c. 859, §1 (AMD). PL 1997, c. 511, §23 (AMD). PL 1999, c. 194, §1 (AMD). PL 2003, c. 452, §§U6-8 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2007, c. 694, §9 (AMD). PL 2023, c. 18, §§3-8 (AMD).