Maine Revised Statutes > Title 5 > Part 12 > Chapter 337-D – Profiling and Data Collection


§ 4751	Definitions
§ 4752	Collection of information; reporting of information
§ 4753	Rules; consultation
§ 4754	Report; publication of data
§ 4755	Profiling prohibited

Terms Used In Maine Revised Statutes > Title 5 > Part 12 > Chapter 337-D - Profiling and Data Collection

Accompanied by an adult: means , with respect to operation of an ATV, within visual and voice contact and under the effective control of a child's parent or guardian or another person 21 years of age or older. See Maine Revised Statutes Title 12 Sec. 13001
activities following a traffic or pedestrian stop: include , but are not limited to, asking questions of a person, frisking a person, conducting consensual and nonconsensual searches of a person or property, seizing of property, requiring vehicle occupants to exit a vehicle during a traffic stop, issuing a citation and making an arrest. See Maine Revised Statutes Title 5 Sec. 4751
Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
Agreement: means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a certificate of approval holder and a wholesale licensee, under which the wholesale licensee is authorized to distribute one or more of the certificate of approval holder's brands of malt liquor, wine or beverages. See Maine Revised Statutes Title 28-A Sec. 1451
Alcohol: means the substance known as ethyl alcohol, hydrated oxide of ethyl or spirit of wine which is commonly produced by the fermentation or distillation of grain, starch, molasses, sugar, potatoes or other substances, and includes all dilutions and mixtures of these substances. See Maine Revised Statutes Title 28-A Sec. 2
Alternative: means a substitute process, product, material, chemical, strategy or combination of these that serves a functionally equivalent purpose to a chemical in a package or packaging component. See Maine Revised Statutes Title 32 Sec. 1732
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Antique snowmobile: means a snowmobile more than 25 years old that is registered as an antique snowmobile under section 13104, subsection 5. See Maine Revised Statutes Title 12 Sec. 13001
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Board: means the Board of Environmental Protection. See Maine Revised Statutes Title 32 Sec. 1741
Board: means the Board of Examiners in Physical Therapy as created in section 3112. See Maine Revised Statutes Title 32 Sec. 3111
bottle: means to package spirits, wine or malt liquor for sale in containers. See Maine Revised Statutes Title 28-A Sec. 2
Bottler: means a person that packages spirits, wine or malt liquor for sale in containers and is not engaged in distilling, brewing, fermenting or rectifying liquor. See Maine Revised Statutes Title 28-A Sec. 2
Brewery: means a person that engages in the activities under either paragraph A or B, or both:

A. See Maine Revised Statutes Title 28-A Sec. 2

Bureau: means the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. See Maine Revised Statutes Title 28-A Sec. 2

certificate of approval holder: means an in-state manufacturer of malt liquor or wine licensed under section 1355?A or an out-of-state manufacturer of or out-of-state wholesaler of malt liquor or wine that has been issued a certificate of approval under section 1361. See Maine Revised Statutes Title 28-A Sec. 1401-A

Chemical: means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism. See Maine Revised Statutes Title 32 Sec. 1732

Commission: means the State Liquor and Lottery Commission established in Title 5, section 12004?G, subsection 14. See Maine Revised Statutes Title 28-A Sec. 2

Commissioner: means the Commissioner of Environmental Protection. See Maine Revised Statutes Title 32 Sec. 1741

Credible scientific evidence: means the results of a study, the experimental design and conduct of which have undergone independent scientific peer review, that are published in a peer-reviewed journal or in a publication of an authoritative federal or international governmental agency, including but not limited to the United States Department of Health and Human Services, National Toxicology Program, Food and Drug Administration and Centers for Disease Control and Prevention; the United States Environmental Protection Agency; the World Health Organization; and the European Union, European Chemicals Agency. See Maine Revised Statutes Title 32 Sec. 1741

De minimis level: means :

A. See Maine Revised Statutes Title 32 Sec. 1741

Deed: The legal instrument used to transfer title in real property from one person to another.

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 32 Sec. 1732

Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 32 Sec. 1741

Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.

Direction: means continuing verbal and written contact by a physical therapist with a physical therapist assistant including periodic on-site supervision adequate to ensure the safety and welfare of the patient. See Maine Revised Statutes Title 32 Sec. 3111

Distillery: means a person that engages in the activities under either paragraph A or B, or both:

A. See Maine Revised Statutes Title 28-A Sec. 2

Distributor: means any person, firm or corporation that sells a packaged product to a retailer in this State or any person, firm or corporation that receives a shipment or consignment of, or in any other manner acquires, packaged products outside the State for sale to consumers in the State. See Maine Revised Statutes Title 32 Sec. 1732

Division: means the Department of Inland Fisheries and Wildlife, Division of Licensing, Registration and Engineering. See Maine Revised Statutes Title 12 Sec. 13001

Donor: The person who makes a gift.

Dwelling: means any building used as a permanent residence or place of domicile. See Maine Revised Statutes Title 12 Sec. 13001

Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. ^{Source: OCC}

Food contact chemical of high concern: means a chemical identified by the department pursuant to section 1742. See Maine Revised Statutes Title 32 Sec. 1741

Food package: includes , but is not limited to, a food or beverage product that is contained in a food package or to which a food package is applied, a packaging component of a food package and plastic disposable gloves used in commercial or institutional food service. See Maine Revised Statutes Title 32 Sec. 1732

Full meal: means a meal consisting of a diversified selection of food that ordinarily cannot be consumed without the use of tableware and that cannot be conveniently consumed while standing or walking. See Maine Revised Statutes Title 28-A Sec. 2

Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,

Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

Incidental presence: means the presence of a regulated metal or other regulated chemical as an unintended or undesired ingredient of a package or packaging component. See Maine Revised Statutes Title 32 Sec. 1732

Intentional introduction: means the act of deliberately using a regulated metal or other regulated chemical in the formation of a package or packaging component when its continued presence is desired in the final package or packaging component to provide a specific characteristic, appearance or quality. See Maine Revised Statutes Title 32 Sec. 1732

Intentionally added chemical: means a chemical that was added during the manufacture of a product or product component to provide a specific characteristic, appearance or quality or to perform a specific function. See Maine Revised Statutes Title 32 Sec. 1741

lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72

Law enforcement agency: means an agency in the State charged with enforcement of state, county, municipal or federal laws or laws of a federally recognized Indian tribe, with the prevention, detection or investigation of criminal, immigration or customs laws or with managing custody of detained persons in the State and includes, but is not limited to, a municipal police department, a sheriff's department, the State Police, a university or college police department and the Department of Public Safety. See Maine Revised Statutes Title 5 Sec. 4751

Law enforcement officer: means a state, county or municipal official or an official of a federally recognized Indian tribe responsible for enforcing criminal, immigration or customs laws, including, but not limited to, a law enforcement officer who possesses a current and valid certificate issued by the Board of Trustees of the Maine Criminal Justice Academy pursuant to Title 25, section 2803?A. See Maine Revised Statutes Title 5 Sec. 4751

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Licensee: includes , but is not limited to, agency liquor stores and certificate of approval holders. See Maine Revised Statutes Title 28-A Sec. 2

Liquor: means spirits, wine, malt liquor or hard cider, or any substance containing liquor, intended for human consumption, that contains more than 1/2 of 1% of alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2

Malt liquor: means liquor:

A. See Maine Revised Statutes Title 28-A Sec. 2

Manufacturer: means any person that manufactures a package or packaging component. See Maine Revised Statutes Title 32 Sec. 1732

manufacturer: includes the importer or first domestic distributor of the food package if the person who manufactured or assembled the food package or whose brand name is affixed to the food package does not have a presence in the United States. See Maine Revised Statutes Title 32 Sec. 1741

Manufacturer: means a person who distills, rectifies, brews, ferments, bottles or otherwise produces liquor. See Maine Revised Statutes Title 28-A Sec. 2

Minor: means a person who has not reached the age of 21 years. See Maine Revised Statutes Title 28-A Sec. 2

Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72

municipal clerk: means the clerk of a municipality. See Maine Revised Statutes Title 30-A Sec. 2001

Municipal legislative body: means :

A. See Maine Revised Statutes Title 30-A Sec. 2001

Municipal officers: means :

A. See Maine Revised Statutes Title 30-A Sec. 2001

Municipal officers: means the mayor and aldermen or councillors of a city, the members of the select board or councillors of a town and the assessors of plantations. See Maine Revised Statutes Title 28-A Sec. 2

Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001

Municipality: means a city, town or plantation. See Maine Revised Statutes Title 28-A Sec. 2

Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001

Off-premises retail licensee: means a person licensed to sell liquor in sealed bottles, containers or original packages to be consumed off the premises where sold. See Maine Revised Statutes Title 28-A Sec. 2

On-premises retail licensee: means a person licensed to sell liquor to be consumed on the premises where sold. See Maine Revised Statutes Title 28-A Sec. 2

Operation: means the act of operating as defined in subsection 18. See Maine Revised Statutes Title 12 Sec. 13001

Operator: means the person who is in control or in charge of a watercraft, snowmobile or ATV while it is in use. See Maine Revised Statutes Title 12 Sec. 13001

Organization: means a corporation, partnership or unincorporated association. See Maine Revised Statutes Title 12 Sec. 10001

Owner: means :

A. See Maine Revised Statutes Title 12 Sec. 13001

Package: includes a unit package and a shipping container defined by the American Society for Testing and Materials in its annual book of standards as ASTM, D996; a food package; and unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags and tubs. See Maine Revised Statutes Title 32 Sec. 1732

Packaging component: means any individual assembled part of a package such as, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks and labels. See Maine Revised Statutes Title 32 Sec. 1732

Passenger: means every person carried on board a watercraft other than:

A. See Maine Revised Statutes Title 12 Sec. 13001

person: means a natural person, corporation, partnership, trust, agency or other entity as well as the individual officer, directors or persons in active control of the activities of that entity. See Maine Revised Statutes Title 28-A Sec. 1451

Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001

Person: means an individual, partnership, corporation, firm, association or other legal entity. See Maine Revised Statutes Title 28-A Sec. 2

PFAS: means any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. See Maine Revised Statutes Title 32 Sec. 1732

Phthalates: means any member of the class of organic chemicals that are esters of phthalic acid and that contain 2 carbon chains located in the ortho position. See Maine Revised Statutes Title 32 Sec. 1732

Physical therapist: means a person who is licensed pursuant to this chapter to practice physical therapy. See Maine Revised Statutes Title 32 Sec. 3111

Physical therapist assistant: means a person who is licensed pursuant to this chapter and who assists a physical therapist in specific components of treatment, prevention and educational interventions within the practice of physical therapy. See Maine Revised Statutes Title 32 Sec. 3111

physiotherapy: means the provision of services in the scope of practice that is set forth in section 3111?A. See Maine Revised Statutes Title 32 Sec. 3111

Plastic bottle: means any plastic container with a neck smaller than the container body and a capacity not less than 16 fluid ounces and not more than 5 gallons. See Maine Revised Statutes Title 32 Sec. 1721

Plastic container: means any bottle, can, jar, case, package or other receptacle intended to hold, carry, or enclose fluids, food items or nonfood products that is composed predominately of plastic resins, including, but not limited to, plastic resins listed in section 1723. See Maine Revised Statutes Title 32 Sec. 1721

Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.

Practical quantification limit: means the lowest concentration of a chemical that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness and comparability during routine laboratory operating conditions. See Maine Revised Statutes Title 32 Sec. 1741

Practice of physical therapy: means the rendering of or offering to render any service involving physical therapy to detect, assess, prevent, correct, alleviate or limit physical disability, bodily malfunction and pain from injury, disease or any other bodily condition. See Maine Revised Statutes Title 32 Sec. 3111

Premises: includes lands, private ways and any buildings and structures located on the lands or private ways. See Maine Revised Statutes Title 12 Sec. 10001

Premises: includes the place where an incorporated civic organization sells or serves spirits, wine and malt liquor under a license obtained under section 1071. See Maine Revised Statutes Title 28-A Sec. 2

Primary source of supply: means the distillery, the bottler, the brewery, the winery, the brand owner or the designated agent of any distillery, brewery, winery or brand owner. See Maine Revised Statutes Title 28-A Sec. 1451

Priority food contact chemical: means a chemical designated by the commissioner pursuant to section 1743. See Maine Revised Statutes Title 32 Sec. 1741

Probable cause: A reasonable ground for belief that the offender violated a specific law.

Probate: Proving a will

Profiling: means the consideration of or reliance on, to any degree, actual or perceived race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry or national origin, age or familial status in deciding which persons to subject to a traffic or pedestrian stop or in deciding the scope or substance of law enforcement activities following a traffic or pedestrian stop. See Maine Revised Statutes Title 5 Sec. 4751

Protective headgear: means a helmet that conforms with minimum standards of construction and performance as prescribed by the American National Standards Institute specification Z90. See Maine Revised Statutes Title 12 Sec. 13001

Referral: means the request of an advanced practice registered nurse, certified nurse midwife, physician assistant, naturopathic doctor or doctor of medicine, surgery, osteopathy, podiatry or dentistry or any other health care provider acting within the scope of that health care provider's license to a physical therapist to accept one of that health care provider's patients for treatment. See Maine Revised Statutes Title 32 Sec. 3111

Resident: means a citizen of the United States or a person who is not a citizen of the United States who has been domiciled in the State for one year who:

A. See Maine Revised Statutes Title 12 Sec. 10001

retail licensee: means a person licensed by the bureau to engage in the purchase and resale of liquor in the original container or by the drink for on-premises or off-premises consumption. See Maine Revised Statutes Title 28-A Sec. 2

Retail sale: means any single sale of liquor for consumption on or off the premises where sold and whether in the original package or as a mixed drink for immediate consumption. See Maine Revised Statutes Title 28-A Sec. 2

Rigid plastic container: means any formed or molded plastic container, except plastic bottles, with a capacity not less than 8 fluid ounces and not more than 5 gallons that retains the same shape whether full or empty. See Maine Revised Statutes Title 32 Sec. 1721

Safer alternative: means an alternative that, when compared to a chemical that it could replace, would reduce the potential for harm to human health or the environment or that has not been shown to pose the same or greater potential for harm to human health or the environment as that chemical. See Maine Revised Statutes Title 32 Sec. 1732

sale territory: means the area of primary sales responsibility expressly or implicitly designated by any agreement between a wholesale licensee and a certificate of approval holder for the brand or label of a certificate of approval holder. See Maine Revised Statutes Title 28-A Sec. 1451

sell: means any transfer or delivery of liquor for a consideration. See Maine Revised Statutes Title 28-A Sec. 2

Ship chandler: means a retail establishment supplying provisions, including malt liquor and wine, to ships of foreign registry. See Maine Revised Statutes Title 28-A Sec. 2

Small winery: means a person that ferments and ages:

A. See Maine Revised Statutes Title 28-A Sec. 2

Snowmobile: means a vehicle propelled by mechanical power that is primarily designed to travel over ice or snow and is supported in part by skis, belts or cleats. See Maine Revised Statutes Title 12 Sec. 13001

Spirits: means any liquor produced by distillation or, if produced by any other process, strengthened or fortified by the addition of spirits of any kind. See Maine Revised Statutes Title 28-A Sec. 2

Sunrise: means the time computed and established for sunrise for Bangor, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day. See Maine Revised Statutes Title 12 Sec. 10001

Sunset: means the time computed and established for sunset for Bangor, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day. See Maine Revised Statutes Title 12 Sec. 10001

Supplier: means any person, firm or corporation that sells packages or packaging components to a distributor. See Maine Revised Statutes Title 32 Sec. 1732

Testify: Answer questions in court.

Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

Unincorporated place: means a place which is not incorporated as a municipality. See Maine Revised Statutes Title 28-A Sec. 2

Use: means , with respect to watercraft, operate, navigate or employ. See Maine Revised Statutes Title 12 Sec. 13001

Voter: means a person registered to vote. See Maine Revised Statutes Title 30-A Sec. 2001

wholesale licensee: means a person holding a wholesale license under section 1401, offering malt liquor or wine for sale or resale to retailers, without regard to whether the business of the person is conducted under the terms of an agreement with a certificate of approval holder. See Maine Revised Statutes Title 28-A Sec. 1451

Wholesale licensee: means a person licensed by the bureau under section 1401 as an in-state wholesaler. See Maine Revised Statutes Title 28-A Sec. 2

Wholesaler: means a person that engages in the purchase and resale of malt liquor or wine, or both, in sealed bottles, containers or original packages, as prepared for the market by the manufacturer at the place of manufacture, but not for consumption, except during a taste-testing event conducted in accordance with the requirements of this Title. See Maine Revised Statutes Title 28-A Sec. 2

Wine: includes , but is not limited to, hard cider, wine coolers, table wine, still wine, sparkling wine, champagne and fortified wine that do not contain more than 24% alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2

Winery: means a person that ferments and ages wine. See Maine Revised Statutes Title 28-A Sec. 2