Maine Revised Statutes Title 7 Sec. 2901-B – Trademark for milk and milk products
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The department shall adopt rules permitting the use of the certification trademark provided for in section 443-B on milk or milk products. The initial rules must include limitations relating to the use of milk from cows that have been treated with recombinant bovine somatotropin, referred to in this section as “rbST.” The rules must include a requirement that the department receive written consent from producers to draw blood from their milking herd, examine historical milk production records, inspect medicine storage places and perform other inspections reasonably necessary to verify compliance with the trademark criteria. [PL 2005, c. 382, Pt. F, §1 (AMD).]
1. Notice by producer. If the criteria for use of the certification trademark include absence of the use of rbST, a milk producer in this State who sells milk to a milk plant that uses the trademark must notify that milk plant before using rbST within the milking herd of the producer’s dairy farm. Notification to the milk plant must be made at least 45 days before using rbST. Notification must be made by certified mail and sent to the milk plant’s employee responsible for milk procurement at the plant location where the milk is processed. For purposes of this section, “possession of rbST” means use.
[PL 1999, c. 679, Pt. A, §4 (AMD).]
Terms Used In Maine Revised Statutes Title 7 Sec. 2901-B
- Contract: A legal written agreement that becomes binding when signed.
- Milk: means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, goats or sheep. See Maine Revised Statutes Title 7 Sec. 2900
- Milk plant: means any place, premises or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, aseptically processed, bottled or otherwise prepared for distribution. See Maine Revised Statutes Title 7 Sec. 2900
- Milk producer: means any person who operates a dairy farm and provides, sells or offers milk or milk products for sale. See Maine Revised Statutes Title 7 Sec. 2900
- Milk products: means cream, light cream, light whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light cream, sour cream, acidified sour cream, cultured sour cream, milk, butter, evaporated milk, sweetened condensed milk, nonfat dry milk solids, half-and-half, sour half-and-half, acidified sour half-and-half, cultured sour half-and-half, concentrated milk and milk products, skim milk, reconstituted or recombined milk and milk products, low-fat milk, light milk, reduced fat milk, homogenized milk, frozen milk concentrate, eggnog, cultured milk, buttermilk, yogurt, cottage cheese, creamed cottage cheese, acidified milk, low-sodium milk, lactose-reduced milk, aseptically processed and packaged milk and milk products, milk with added safe and suitable microbial organisms and any other milk product, frozen dairy dessert or frozen dairy dessert mix, cheese or other product designated as a milk product by the commissioner that is made by the addition or subtraction of milkfat or addition of safe and suitable optional ingredients for protein, vitamin or mineral fortification. See Maine Revised Statutes Title 7 Sec. 2900
2. Failure to provide notice. If a Maine milk producer fails to give the milk plant the notice required in subsection 1, the milk plant is not required to comply with the notice requirements of section 2903-A before refusing to continue to purchase milk under any contract with that milk producer.
[PL 1999, c. 679, Pt. A, §4 (AMD).]
SECTION HISTORY
PL 1993, c. 663, §1 (NEW). PL 1999, c. 679, §A4 (AMD). PL 2005, c. 382, §F1 (AMD).