Maine Revised Statutes Title 7 Sec. 743 – Registration
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Each brand and grade of commercial fertilizer must be registered before being offered for sale, sold or distributed in this State. The application for registration must be submitted to the commissioner on forms furnished by the commissioner and must be accompanied by an annual fee of $125 per product. All registrations expire on December 31st or in a manner consistent with the provisions as to license expiration of the Maine Administrative Procedure Act, Title 5, section 10002, whichever is later. The commissioner may issue a registration for a one-year, 2-year or 3-year period. Registrations for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year registration is 2 times the annual fee. The fee for a 3-year registration is 3 times the annual fee. The commissioner may refuse to register or renew or may suspend or cancel registration for failure to comply with this subchapter or with rules adopted pursuant to this subchapter. This refusal, suspension or cancellation is considered rulemaking as that term is defined in the Maine Administrative Procedure Act, Title 5, chapter 375 and notice and opportunity for a hearing must be provided in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375. The application must include the following information: [PL 2015, c. 191, §2 (AMD).]
1. Weight. The net weight;
Terms Used In Maine Revised Statutes Title 7 Sec. 743
- Brand: means a term, design or trademark used in connection with one or several grades of commercial fertilizer. See Maine Revised Statutes Title 7 Sec. 742
- Commercial fertilizer: means a substance containing one or more recognized fertilizer materials bearing a guaranteed analysis on the product label of a packaged product or the accompanying delivery paperwork or invoice of a bulk fertilizer. See Maine Revised Statutes Title 7 Sec. 742
- Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's authorized agent. See Maine Revised Statutes Title 7 Sec. 742
- distributor: means any person who distributes. See Maine Revised Statutes Title 7 Sec. 742
- Grade: means any commercial fertilizer having a specific minimum percentage of plant nutrients that is the same as the guaranteed analysis, expressed in whole numbers. See Maine Revised Statutes Title 7 Sec. 742
- Guaranteed analysis: means the minimum percentage of plant nutrients claimed in the following order and form:Total Nitrogen (N) . See Maine Revised Statutes Title 7 Sec. 742
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individual, partnership, association, firm and corporation. See Maine Revised Statutes Title 7 Sec. 742
- Registrant: means the person who registers commercial fertilizer under this subchapter. See Maine Revised Statutes Title 7 Sec. 742
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Brand and grade. The brand and grade;3. Analysis. The guaranteed analysis;4. Registrant‘s name and address. The name and address of the registrant; and[PL 2001, c. 670, §2 (AMD).]
5. Additional information. Additional information as required in rules adopted by the department.[PL 2001, c. 670, §3 (NEW).]
Of the fee collected by the commissioner under this section, $100 must be deposited in the General Fund and $25 must be deposited in a dedicated, nonlapsing account established under section 765, subsection 2 and used for the purpose of administering and enforcing this subchapter and subchapter 5?A. [PL 2015, c. 191, §2 (AMD).]A distributor is not required to register any brand and grade of commercial fertilizer that is already registered under this subchapter by another person. [PL 2015, c. 191, §2 (AMD).]The plant nutrient content of each and every brand and grade of commercial fertilizer must remain uniform for the period of registration.The commissioner shall review annually the fertilizer inspection and sampling program established under this subchapter and report findings and any recommendations for changes to the program by February 1st annually to the joint standing committee of the Legislature having jurisdiction over agricultural matters, which after receiving the report may report out a bill to the Legislature to make adjustments to the program. [PL 2015, c. 191, §2 (NEW).]SECTION HISTORYPL 1977, c. 694, §§73,74 (AMD). PL 1979, c. 672, §§A22,23 (AMD). PL 1989, c. 888, §2 (AMD). PL 1997, c. 454, §2 (AMD). PL 2001, c. 670, §§1-3 (AMD). PL 2005, c. 12, §EEE1 (AMD). PL 2015, c. 191, §2 (AMD).