01 MAINE DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY

001 DIVISION OF QUALITY ASSURANCE AND REGULATIONS

SUMMARY: This chapter establishes user fees payable for sampling, inspection, certification and other Quality Assurance & Regulation work.

I. DEFINITIONS

1. For the purposes of this chapter, and unless otherwise indicated, the following words shall have the following meanings:
   1. A. “Certificate Charge” means a charge imposed when more than one (1) official document is required for each inspection performed.
   2. B. “Consumer Pack” means a unit of potatoes contained in a bag, crate or any other type of container.
   3. C. “Delinquent Accounts” means nonpayment of fees and charges by the due date specified on the invoice.
   4. D. “Department” means the Maine Department of Agriculture, Conservation and Forestry, Division of Quality Assurance & Regulations.
   5. E. “Expense Guarantee” means that regular charges are not adequate to cover expenses. In such cases, charges shall be based on time consumed computed at the applicable hourly rate plus mileage and related expenses.
   6. F. “Good Agricultural Practices, hereinafter GAP” means the basic environmental conditions that are necessary for the production of safe, wholesome fruits and vegetables.
   7. G. “Good Handling Practices, hereinafter GHP” means general practices to reduce microbial food safety hazards. The term may include “ good agricultural practices” used in growing, harvesting, sorting, packing and storage operations.
   8. H. “Holidays” means New Year’s Day, Martin Luther King, Jr. Day, Washington’s Birthday, Patriot’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, the Friday following Thanksgiving, Christmas Day or the observed day for the aforementioned holidays, and any other recognized state holiday.

I. “Maine Bag” means any consumer pack of potatoes on which appears the word "Maine" in letters larger than 1/4 inch or a pictorial representation of the outline of the shape of the state.

1. J. “Net Weight Certification” means the official weighing of random samples of a specified commodity and the subsequent certification of net weight by the Department.
   1. K. “Person” means both natural persons and all legal entities, including corporations, partnerships, joint ventures, states, municipalities, and unincorporated business enterprises.

L. “Positive Lot Identification” means the affixing of a traceable code, consisting of numbers and/or letters, to primary or shipping containers by printing, stamping, taping or applying official stickers.

1. M. “Principal Display Panel” means that part, or those parts, of a product label designed to be displayed and examined under normal conditions of display at retail markets.
   1. N. “Service Call” means that the Department has incurred cost as a result of an official request for service and subsequent cancellation without notice.
   2. O. “Shipping Point Inspection” means a type of service provided to any person(s) who request(s) inspection on a daily or sporadic basis. Service will be provided to such person(s) in the most effective and efficient manner, subject to the availability of inspectors.

P. “Shipping Point Overtime” means time worked Monday thru Friday prior to 7:00A.M., after 5:00 P.M., or anytime worked on Saturday, Sunday and all State legal holidays. A minimum overtime charge of one hour will be assessed; thereafter, charges will be in half hour increments.

Q. “Quality Trademark Bag” means any consumer pack for potatoes on which appears either a silhouette of the State of Maine divided into three horizontal sections or three parallel stripes consisting of a blue stripe at the top, white in the center and red at the bottom. The use of these trademarks is subject to the provisions set forth by Department of Agriculture Rules (01-001, Chapter 135).

1. R. “Variety Labeling” means the principal display panel of the primary container has been printed or stamped in bold print with words indicating the variety of potatoes contained therein. The lettering shall be at least ½ inch in height. The variety shall be immediately preceded by the word “variety:” or “var:”

II. GENERAL FEES – APPLIES TO ALL CATEGORIES

1. A. Certificate charge per additional document $10.00
2. B. Copy of documents 5 or less pages $1.00
3. 1. More than 5 pages per hourly fee of $30.00
   1. C. Easements (no inspection) will be calculated based on the amount of time used including travel time and mileage as follows:

1. Monday through Friday 7:00 a.m. through 5:00 p.m.

1. a. Up to one half hour $20.00
2. b. One half to 1 hour $30.00
3. c. More than 1 hour-a per hour charge of $30.00
4. d. Mileage per mile, when applicable STATE RATE
5. D. GAP/GHP per inspector per hour $92.00
6. E. Mileage, when applicable, per mile STATE RATE
7. F. Minimum fee (unless otherwise specified) $40.00
8. G. Net weight certification (plus regular inspection fee) $30.00
9. H. Overtime fee per hour per inspector (unless otherwise specified) $45.00
10. I. Service calls $50.00
11. J. Waive mandatory inspection requirement $20.00

III. HOURLY BASIS FEES

1. A. Fee per hour per inspector $30.00
2. B. Mileage per mile STATE RATE

IV. SHIPPING POINT INSPECTION FEES

1. A. Fruits
2. 1. Apples
3. a. Per carton or part thereof $ .08
4. b. Apple Storage Gift Certificates each $1.00
5. 2. Berries
6. a. Per pint or equivalent $ .06
7. B. Maple Syrup – Sampling and Grading
8. a. Per barrel or part thereof $3.00
9. b. Travel Expenses – when applicable ACTUAL
10. C. Vegetables
11. 1. Broccoli
12. a. Per carton or part thereof $ .08
13. b. Overtime fee per hour, per applicant $8.00
14. 2. Fresh Potatoes (Shipping Point)

Fees for shipping point inspection of potatoes in Maine bags, carlots, trucklots,

1. Warehouses storages and the like shall be billed at the following rates:
2. a. Hundredweight fees or part thereof
3. (1) Basic Fee $ .16
4. (2) Quality Trademark Bags $ .09
5. b. Overtime fee per hour, per applicant $8.00

V. PROCESSING INSPECTION FEES

1. Potato Processing Plants
2. A. Fee per hundredweight or part thereof $ .082
   1. Staffing levels will be determined by the Inspection service based on the Processor’s daily delivery schedule.
   2. B. In the event the processor does not provide a daily delivery schedule; the amount delivered is significantly less than projected on the delivery schedule or the processor requests additional inspectors and the $ .082 per hundredweight fee is not sufficient to cover the cost, fees will be assessed at the hourly rates of $30.00 per inspector for regular time and $45.00 per inspector for overtime.
   3. C. Samples will be inspected within twenty-four hours of receipt or as otherwise specified in writing in the contract between the Processor and the Agricultural Bargaining Council.

VI. WORK PERFORMED FOR OTHER AGENCIES

A. State Agencies

1. 1. Minimum daily fee per inspector for State work shall be $120.00
   1. four (4) hours at the applicable State rate;
      1. 2. Fee per hour, per inspector, beyond daily minimum $30.00
      2. 3. Mileage per mile STATE RATE
      3. 4. Charges for inspectors, based on current pay schedule, plus fringe benefits, may be worked out under written agreement in lieu of hourly rates.
      4. B. Federal Agencies
      5. 1. Minimum daily fee for Federal work shall be four (4) hours at the applicable Federal rate;
      6. 2. Hourly, overtime and mileage charges will be assessed at applicable Federal rates.

VII. POTATO VARIETY LABELING PROGRAM

1. A. Any person who indicates the variety of potatoes contained within a container must maintain documentation verifying the variety and make such documentation accessible to the Department if requested.
   1. B. If disputes arise concerning varieties, they will be deemed settled after a determination of variety is made by the Division of Plant Industry or the Plant Genetics Section of a designated university.
   2. C. Violations are as set forth in Title 7 M.R.S.A. Subsection 1034 (3). Any person who packs potatoes in a bag labeled with the name of a different potato variety commits a civil violation. The first violation shall result in a forfeiture of not more than $1,000, with each subsequent violation subject to a penalty of not more than $2,000. Each load of potatoes constitutes a separate violation.

VIII. DELINQUENT ACCOUNTS

A. Timely Payment

1. 1. Payment of fees and charges for services is due by the due date specified on the invoice.
   1. 2. If payment is not received by the due date specified on the invoice, the Department reserves the right to withhold further service until the delinquent account is paid. The Department also reserves the right to require advance cash payments, in a manner acceptable to the Department, for subsequent service to applicants who maintain delinquent accounts.
      1. 3. A late charge of ten (10) percent, plus interest of eight (8) percent per annum shall be assessed on the unpaid balance of accounts that are more than thirty (30) days overdue.
   2. B. Delinquent accounts more than ninety (90) days old shall be handled through the following procedures:
      1. 1. Applicants with delinquent accounts of less than $1400.00 shall receive notification of delinquency and be allowed fifteen (15) days to render payment. If payment is not received within the allotted time, procedures will be initiated to collect the overdue account through small claims court with the applicant liable for interest, filing fee and court costs.
      2. 2. Applicants with delinquent accounts in excess of $1400.00 shall receive notification of delinquency and be allowed fifteen (15) days to render payment. If payment is not received within the allotted time, procedures will be initiated to collect the overdue account through Maine Revenue Services or the Attorney General’s office with the applicant liable for interest, filing fee and cost of collection.

IX. STATUTORY AUTHORITY:

7 M.R.S.A., 12, 441, 446, 951-B, 1033-A, 1034, 1034-A

X. EFFECTIVE DATE (latest filing):

September 21, 2008

EFFECTIVE DATE:

November 1, 1980

AMENDED:

October 20, 1981

September 6, 1982

October 25, 1983

December 17, 1984

October 26, 1985

REPEALED AND REPLACED:

April 4, 1990

AMENDED:

September 20, 1992

EFFECTIVE DATE (ELECTRONIC CONVERSION):

May 4, 1996

REPEALED AND REPLACED:

September 7, 2005 – filing 2005-372

September 21, 2008 – filing 2008-426

CORRECTIONS:

February, 2014 – agency names, formatting

CONVERTED DOCUMENT TO AN UPDATED VERSION OF WORD:

April 21, 2026

APAO ACCESSIBILITY CHECK (Word):

April 21, 2026