Maine Revised Statutes Title 7 Sec. 617 – Exemptions
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1. Exemptions from penalties. The penalties provided for violations of section 606, subsection 1, paragraphs A, B, C, D and E do not apply to:
A. Any carrier while lawfully engaged in transporting a pesticide within this State if the carrier, upon request, permits the board to copy all records showing the transactions in and movement of the pesticides or devices; [PL 2005, c. 620, §17 (AMD).]
B. Public officials of this State and the Federal Government while engaged in the performance of their official duties in administering state or federal pesticide laws or regulations; [PL 1975, c. 382, §3 (NEW).]
C. The manufacturer, shipper or other distributor of a pesticide for experimental use only, provided that person holds or is covered by a valid experimental use permit issued by EPA, and provided further that the permit covers the conduct in question; or [PL 2005, c. 620, §17 (AMD).]
D. Any person who ships a substance or mixture of substances being put through tests the purpose of which is only to determine the value of the substance or mixture for pesticide purposes or to determine its toxicity or other properties and from the use of which the user does not expect to receive any benefit in pest control. [PL 2005, c. 620, §17 (AMD).]
[PL 2005, c. 620, §17 (AMD).]
Terms Used In Maine Revised Statutes Title 7 Sec. 617
- Device: means any instrument or contrivance, other than a firearm, that is intended for trapping, destroying, repelling or mitigating any pest or any other form of plant or animal life, other than a human being and other than a bacterium, virus or other microorganism on or in a living human being or other living animal. See Maine Revised Statutes Title 7 Sec. 604
- EPA: means the United States Environmental Protection Agency. See Maine Revised Statutes Title 7 Sec. 604
- Person: means any individual, partnership, association, fiduciary, corporation or any organized group of persons whether incorporated or not. See Maine Revised Statutes Title 7 Sec. 604
- Pest: means any insects, rodents, nematodes, fungi, weeds, and other forms of terrestrial or aquatic plant or animal life or viruses, bacteria or other microorganisms, except viruses, bacteria or other microorganisms on or in living human beings or other living animals, that the commissioner declares to be a pest under section 610, subsection 1, paragraph A. See Maine Revised Statutes Title 7 Sec. 604
- Pesticide: includes a highly toxic pesticide. See Maine Revised Statutes Title 7 Sec. 604
2. Exemption from this subchapter; pesticides for export. A pesticide or device may not be found to be in violation of this subchapter if the pesticide or device is intended solely for export to a foreign country and is prepared or packed according to the specifications or directions of the purchaser. If the pesticide or device is not so exported, all the provisions of this subchapter apply.
[PL 2005, c. 620, §17 (AMD).]
SECTION HISTORY
PL 1975, c. 382, §3 (NEW). PL 1989, c. 878, §E16 (AMD). PL 2005, c. 620, §17 (AMD).