Maine Revised Statutes Title 7 Sec. 781 – Disposition of misbranded or adulterated amendments
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Terms Used In Maine Revised Statutes Title 7 Sec. 781
- 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.
- Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7 Sec. 776
- 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: means individual, partnership, association, firm or corporation, municipality or quasi-municipal entity. See Maine Revised Statutes Title 7 Sec. 776
- Plant amendment: means any product distributed consisting of a plant-amending ingredient and other ingredients. See Maine Revised Statutes Title 7 Sec. 776
- Registrant: means the person who registers plant or soil amendments under the provisions of this subchapter. See Maine Revised Statutes Title 7 Sec. 776
If the analyses or tests show that any plant or soil amendments are misbranded or adulterated, disposition of the amendment shall be in accordance with rules. [PL 1979, c. 491, §1 (NEW).]
The commissioner may adopt rules establishing tolerable deficiencies for guaranteed analyses. The commissioner may also establish a schedule of assessments for exceeding the tolerable deficiencies. The assessments must be against the registrant of a soil or plant amendment. The assessments must bear a reasonable relationship to the commercial value of the deficiency. [RR 2021, c. 1, Pt. B, §109 (COR).]
Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification of the assessments imposed. [PL 1979, c. 491, §1 (NEW).]
The assessments shall in no manner be construed as limiting the consumer’s right to bring a civil action in damage against the registrant paying the assessment. [PL 1979, c. 491, §1 (NEW).]
For the purpose of determining commercial values to be applied under this section, the commissioner shall determine from the registrant’s sales invoice the values charged for the plant or soil amending ingredients. If no invoice is available or if the invoice fails to provide sufficient information, the commissioner may use other methods to determine values. The values so determined shall be used in determining and levying assessments. [PL 1979, c. 491, §1 (NEW).]
The assessment shall in no manner be construed as limiting the department’s right to bring a civil action for a penalty against the registrant. [PL 1979, c. 491, §1 (NEW).]
The assessments and penalties received shall be deposited with the Treasurer of State and are appropriated for carrying out this subchapter. These funds shall not lapse. [PL 1979, c. 491, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 491, §§1,2 (NEW). RR 2021, c. 1, Pt. B, §109 (COR).