Terms Used In Maine Revised Statutes > Title 7 > Part 7 > Chapter 601 - Milk and Milk Products

• accredited educational institution: is a n institution accredited by the Council on Social Work Education or its successor or other organization approved by the board. See Maine Revised Statutes Title 32 Sec. 7001-A
• Administrator: means the Superintendent of Consumer Credit Protection. See Maine Revised Statutes Title 32 Sec. 11002
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: means an establishment, organization or institution, public or private, that is licensed by the Department of Health and Human Services and that offers, purports to offer, maintains or operates one or more programs for the assessment, diagnosis, care, treatment or rehabilitation of individuals who are suffering physically, emotionally or psychologically from substance use disorder. See Maine Revised Statutes Title 32 Sec. 6203-A
• Alcohol and drug counseling aide: means an individual who is licensed by the board to engage in an apprenticeship for the purpose of acquiring knowledge and experience in the performance of alcohol and drug counseling services, including but not limited to knowledge of ethical standards. See Maine Revised Statutes Title 32 Sec. 6203-A
• Alcohol and drug counseling services: includes nicotine addiction counseling and treatment services. See Maine Revised Statutes Title 32 Sec. 6203-A
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: Taking physical custody of a person by lawful authority.
• Aseptically processed and packaged: means hermetically sealed in a container and thermally processed to render the product free of microorganisms capable of reproducing in the product under normal nonrefrigeration conditions of storage and distribution. See Maine Revised Statutes Title 7 Sec. 2900
• Asynchronous encounter: means an interaction between a client and a person licensed under this chapter through a system that has the ability to store digital information, including, but not limited to, still images, video files, audio files, text files and other relevant data, and to transmit such information without requiring the simultaneous presence of the client and the person licensed under this chapter. See Maine Revised Statutes Title 32 Sec. 6231
• Asynchronous encounter: means an interaction between a client and a person licensed under this chapter through a system that has the ability to store digital information, including, but not limited to, still images, video files, audio files, text files and other relevant data, and to transmit such information without requiring the simultaneous presence of the client and the person licensed under this chapter. See Maine Revised Statutes Title 32 Sec. 7071
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Board: means the State Board of Alcohol and Drug Counselors. See Maine Revised Statutes Title 32 Sec. 6203-A
• Board: means the Polygraph Examiners Advisory Board under section 7371. See Maine Revised Statutes Title 32 Sec. 7352
• Bulk milk hauler and sampler: means a person who collects samples and transports raw milk from a farm or raw milk products to or from a farm, milk plant, receiving station or transfer station and has in that person's possession a permit from any state to sample such products. See Maine Revised Statutes Title 7 Sec. 2900
• Certified alcohol and drug counselor: means an individual who provides individual or group alcohol and drug counseling services unaided and who meets the criteria established in section 6214?C. See Maine Revised Statutes Title 32 Sec. 6203-A
• Certified clinical supervisor: means an individual who is licensed by the board to provide supervision to individuals who provide alcohol and drug counseling services as required by this chapter. See Maine Revised Statutes Title 32 Sec. 6203-A
• certified social worker - independent practice: is a person who was licensed as a certified social worker and permitted to engage in the independent practice of social work pursuant to section 7052, before January 1, 1985. See Maine Revised Statutes Title 32 Sec. 7001-A
• Charge-off: means the act of a creditor removing an account from its books as an asset and treating it as a loss or expense because payment is unlikely. See Maine Revised Statutes Title 32 Sec. 11002
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• clinical setting: is a setting where mental disorders are evaluated, prevented, diagnosed and treated using psychosocial evaluation. See Maine Revised Statutes Title 32 Sec. 7001-A
• Collection action: means a lawsuit or arbitration proceeding initiated to collect a debt from a consumer. See Maine Revised Statutes Title 32 Sec. 11002
• Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agent. See Maine Revised Statutes Title 7 Sec. 2900
• Commissioner: means the Commissioner of Public Safety. See Maine Revised Statutes Title 32 Sec. 7352
• Communication: means the conveyance or receipt of information regarding or facilitating the collection of a debt, directly or indirectly, to or from any person through any medium. See Maine Revised Statutes Title 32 Sec. 11002
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conducting business in this State: means the collection or attempted collection of a debt due another by a debt collector located in this State; the solicitation of creditors in this State as clients and the collection or attempted collection of their debts by a debt collector, wherever located; or the collection or attempted collection of a debt from a consumer in this State by a debt collector, wherever located. See Maine Revised Statutes Title 32 Sec. 11002
• Consumer: means any natural person obligated or allegedly obligated to pay any debt. See Maine Revised Statutes Title 32 Sec. 11002
• Conversion therapy: means any practice or treatment that seeks or claims to change an individual's sexual orientation or gender identity, including, but not limited to, any effort to change gender expression or to eliminate or reduce sexual or romantic attractions, feelings or behavior toward others based on the individual's gender. See Maine Revised Statutes Title 32 Sec. 59-C
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Creditor: means any person who offers or extends credit creating a debt or to whom a debt is owed, but that term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of that debt for another. See Maine Revised Statutes Title 32 Sec. 11002
• Dairy or dairy farm: means any place or premises where one or more cows, goats or sheep are kept and from which milk or milk products are provided, sold or offered for sale. See Maine Revised Statutes Title 7 Sec. 2900
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Debt: includes any obligation or alleged obligation for payment of child support owed to, or owed by, a resident of this State and any obligation or alleged obligation relating to a check returned because of insufficient funds if a consumer is subject to an enforcement program operated by a private entity. See Maine Revised Statutes Title 32 Sec. 11002
• Debt buyer: means a person that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, whether the person collects the debt or hires a 3rd party, which may include an attorney-at-law, in order to collect the debt. See Maine Revised Statutes Title 32 Sec. 11002
• Debt collector: includes persons who furnish collection systems carrying a name that simulates the name of a debt collector and who supply forms or form letters to be used by the creditor even though the forms direct the debtor to make payments directly to the creditor. See Maine Revised Statutes Title 32 Sec. 11002
• 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 Public Safety. See Maine Revised Statutes Title 32 Sec. 7352
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executor: A male person named in a will to carry out the decedent
• 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}
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• heat-treated: means processed by heating every particle of milk to a temperature of 145 degrees Fahrenheit for at least 30 minutes. See Maine Revised Statutes Title 7 Sec. 2900
• in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
• Inhabitant: means a person having an established residence in a place. See Maine Revised Statutes Title 1 Sec. 72
• Instrument: means a device used to test a subject to directly or indirectly detect deception or verify the truth of a statement by, at a minimum, recording visually, permanently and simultaneously a subject's cardiovascular, respiratory and electrodermal patterns. See Maine Revised Statutes Title 32 Sec. 7352
• Intern: means a person who holds a polygraph examiner intern license under this chapter. See Maine Revised Statutes Title 32 Sec. 7352
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Legal age: means the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
• Licensed alcohol and drug counselor: means an individual who provides individual or group alcohol and drug counseling services independently within an agency or in private practice and who meets the criteria established in section 6214?D. See Maine Revised Statutes Title 32 Sec. 6203-A
• licensed clinical social worker: is a person who has received a license as a clinical social worker from the board. See Maine Revised Statutes Title 32 Sec. 7001-A
• licensed master social worker: is a person who has received a license as a master social worker from the board. See Maine Revised Statutes Title 32 Sec. 7001-A
• licensed social worker: includes a person who has received a conditional license as a licensed social worker. See Maine Revised Statutes Title 32 Sec. 7001-A
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Location information: means a consumer's place of abode and his telephone number at that place or his place of employment. See Maine Revised Statutes Title 32 Sec. 11002
• 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 distributor: means any person who offers for sale or sells to another person any milk or milk products in their final form. 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
• Milk transport tank: means a vehicle, including the truck and tank, used by a bulk milk hauler and sampler or milk tank vehicle driver to transport bulk shipments of milk from a milk plant, receiving station or transfer station to another milk plant, receiving station or transfer station. See Maine Revised Statutes Title 7 Sec. 2900
• Milk transportation company: means a company responsible for a milk transport tank. See Maine Revised Statutes Title 7 Sec. 2900
• Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipal officers: means the mayor, councillors and aldermen of cities, the members of the select board of towns and the assessors of plantations. See Maine Revised Statutes Title 36 Sec. 501
• Municipality: shall include cities, towns and plantations. See Maine Revised Statutes Title 36 Sec. 501
• Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Not pasteurized: means any milk or milk product that has not been subjected to the temperature and time requirements of pasteurization using equipment designed for pasteurization or has not been aseptically processed and packaged. See Maine Revised Statutes Title 7 Sec. 2900
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any individual, plant operator, partnership, corporation, company, firm, trustee, association or institution. See Maine Revised Statutes Title 7 Sec. 2900
• Person: means an individual, firm, partnership, association, society, club, corporation, financial institution, estate, trust, business trust, receiver, assignee or any other group or combination acting as a unit, the State or Federal Government or any political subdivision or agency of either government. See Maine Revised Statutes Title 36 Sec. 111
• Person: means any natural person, corporation, trust, partnership, incorporated or unincorporated association and any other legal entity. See Maine Revised Statutes Title 32 Sec. 11002
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Polygraph examination: means an examination conducted by a polygraph examiner that consists of a pre-test phase, an in-test phase and a post-test phase. See Maine Revised Statutes Title 32 Sec. 7352
• Polygraph examiner: means a person licensed under this chapter to use an instrument. See Maine Revised Statutes Title 32 Sec. 7352
• Polygraph examiner internship: means a course of study of polygraph examinations and of the administration of polygraph examinations by an intern under the supervision and control of a polygraph examiner. See Maine Revised Statutes Title 32 Sec. 7352
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Property: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501
• Psychosocial evaluation: includes the determination and examination by social workers of the psychosocial situation of an individual or group related to interpersonal and intrapersonal stress, family background, family interaction, living arrangements and socioeconomic problems and treatment, evaluation, plans and goals, including the diagnosis of mental illness and emotional disorders for the purpose of treatment and therapeutic intervention, but excluding the treatment of any illness by organic therapy, to the extent permitted by the licensure provision of this chapter. See Maine Revised Statutes Title 32 Sec. 7001-A
• Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
• Receiving station: means any place, premise or establishment where raw milk is received, collected, handled, stored or cooled and prepared for further transporting. See Maine Revised Statutes Title 7 Sec. 2900
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Residential real estate property preservation provider: means a person who regularly provides residential real estate property preservation services. See Maine Revised Statutes Title 32 Sec. 11002
• Residential real estate property preservation services: means those services undertaken at the direction of a person holding or enforcing a mortgage on residential real estate that is in default or in which the property is presumed abandoned in entering or arranging for entry into a building to perform the services of winterizing the residence, changing the door locks or removing unsecured items from the residence. See Maine Revised Statutes Title 32 Sec. 11002
• Resolved debt: means a debt that has been paid, settled or discharged in bankruptcy. See Maine Revised Statutes Title 32 Sec. 11002
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Return: means any document, digital file or electronic data transmission containing information required by this Title to be reported to the State Tax Assessor. See Maine Revised Statutes Title 36 Sec. 111
• Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) ^{Source: OCC}
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Social work: means engaging in psychosocial evaluation and intervention, including therapy, to the extent permitted by the licensure provisions of this chapter, to effect a change in the feelings, attitudes and behavior of a client, whether an individual, group or community. See Maine Revised Statutes Title 32 Sec. 7001-A
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Store and forward transfer: means the transmission of a client's records through a secure electronic system to a person licensed under this chapter. See Maine Revised Statutes Title 32 Sec. 6231
• Store and forward transfer: means the transmission of a client's records through a secure electronic system to a person licensed under this chapter. See Maine Revised Statutes Title 32 Sec. 7071
• supervision: includes , but is not limited to, oversight of case record reviews, case management, development of counseling skills, education and treatment modalities, clinical supervision log maintenance and client treatment plans and activities. See Maine Revised Statutes Title 32 Sec. 6203-A
• Synchronous encounter: means a real-time interaction conducted with an interactive audio or video connection between a client and a person licensed under this chapter or between a person licensed under this chapter and another health care provider. See Maine Revised Statutes Title 32 Sec. 6231
• Synchronous encounter: means a real-time interaction conducted with an interactive audio or video connection between a client and a person licensed under this chapter or between a person licensed under this chapter and another health care provider. See Maine Revised Statutes Title 32 Sec. 7071
• Tax: means the total amount required to be paid, withheld and paid over or collected and paid over with respect to estimated or actual tax liability under this Title, any credit or reimbursement allowed or paid pursuant to this Title that is recoverable by the assessor and any amount assessed by the assessor pursuant to this Title, including any interest or penalties provided by law. See Maine Revised Statutes Title 36 Sec. 111
• Tax collector: shall mean any person chosen, appointed or designated by a municipality or the officers thereof to collect any tax due a municipality; or his successor in office. See Maine Revised Statutes Title 36 Sec. 501
• Telehealth services: means health care services delivered through the use of information technology and includes synchronous encounters, asynchronous encounters, store and forward transfers and telemonitoring. See Maine Revised Statutes Title 32 Sec. 6231
• Telehealth services: means health care services delivered through the use of information technology and includes synchronous encounters, asynchronous encounters, store and forward transfers and telemonitoring. See Maine Revised Statutes Title 32 Sec. 7071
• Telemonitoring: means the use of information technology to remotely monitor a client's health status via electronic means, allowing the person licensed under this chapter to track the client's health data over time. See Maine Revised Statutes Title 32 Sec. 6231
• Telemonitoring: means the use of information technology to remotely monitor a client's health status via electronic means, allowing the person licensed under this chapter to track the client's health data over time. See Maine Revised Statutes Title 32 Sec. 7071
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
• Transfer station: means any place, premises or establishment where milk or milk products are transferred directly from one milk transport tank to another. See Maine Revised Statutes Title 7 Sec. 2900
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.