01-001 DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY

1. DIVISION OF QUALITY ASSURANCE

Chapter 135: OFFICIAL USE OF THE STATE OF MAINE QUALITY TRADEMARK

Summary:

These rules describe the State of Maine Quality Trademark and establish procedures for licensing and for use for individual commodities and are hereby amended by providing a section on definitions; specify limited reduction of the quality trademark size for use on irregular or small size consumer packages; prohibiting the unauthorized use of or misrepresentation of a product bearing the quality trademark; and, provide for additional quality standards that are in effect but not mentioned in the present regulations.

I. Definitions

1. Words in the regulations in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. For the purposes of the regulations in this part, unless the context otherwise requires, the following terms shall have the following meanings:
   1. A. Commissioner. "Commissioner" means the Commissioner of Agriculture, Conservation and Forestry.

      B Licensed User. "Licensed User" means any grower, packer, processor, handler, dealer, broker, shipper or manufacturer who has applied for and been issued a license to use the official quality trademark and the assigned permit number on tags, labels, bags, containers, packages or advertising material bearing their name and address.

   2. C. Manufacturer. "Manufacturer" means a licensed distributor or producer of tags, labels, bags, containers or packages which incorporate the State of Maine Quality Trademark.
   3. D. Marketing Order. "Marketing Order" means a marketing device containing minimum quality, condition or size requirements that licensed users or industry members have at their disposal to market any designated commodity.
   4. E. Permit Number. "Permit Number" means assigned lot or permit number identifying the licensed user and appearing on the tag, label, bag, container or package as further identification.
   5. F. Producer. "Producer" means the grower or supplier of any specified commodity.
   6. G. Standards. "Standards" means existing USDA grade standards, Maine grade standards, and approved industry standards that are clearly defined through measurable factors and designated as eligible for use of the trademark.
   7. H. Trademark. "Trademark" means a silhouette of the State of Maine as described in Section II of this regulation and designated as the official quality trademark for identifying quality State of Maine products.

II. Description of Trademark

1. The State of Maine silhouette, as described below, is hereby declared to be a trademark or brand for identifying quality Maine products, to wit:
   1. A. A silhouette of the State of Maine with two horizontal divisions of the State into three roughly equal sections or a facsimile design thereof. The center section shall be white or neutral in color, the top third shall be blue, and the lower third shall be red. The trademark shall specify the name of the product and the work "Maine" in the lower third, the grade of the product, or for products with multiple grades and designated commodities, the word "Quality" in the center third, and the words "State of Maine" in the upper third. If packaging or design constraints exist, a single color for the top and bottom thirds of the trademark with a contrasting lighter or neutral color in the center third may be used instead of the colors required above.
   2. B. Minimum size for use is one inch by one inch, except on irregular or smaller size retail containers that are restricted to the area available for printed information. Smaller silhouettes may be approved upon submitting a request and the designs to be used to the Commissioner or Commissioner's designee. The license assigned permit number of the packer or licensed user must be included on the package directly beneath the trademark or immediately following the name and address on the package.

III. Use of the Trademark

1. A. The use of the trademark is restricted to products and/or packages which meet the following conditions:
   1. 1. Meet or exceed a standard, specified grade, or minimum requirements, as discussed below;
      1. 2. Are subject to mandatory inspection;
      2. 3. Are produced and/or packaged by a licensed user who shall not permit its unauthorized use in advertising or in misrepresenting a sale on any product which does not meet the minimum requirements;
      3. 4. Are in containers produced by a licensed manufacturer;
      4. 5. Consists of commodities produced entirely in the State of Maine, unless the specific license agreement states otherwise; and,
      5. 6. Meet all other legal requirements of the State.

IV Methods for Establishing Official Standards

1. A. Where a marketing order exists
   1. 1. For all commodities subject to a State or Federal marketing order which provides for standard minimum grades, for mandatory use of the State of Maine Quality Trademark, and for mandatory inspection, any producer subject to the order is eligible to apply for a license to use the State of Maine Quality Trademark.
      1. 2. For all commodities subject to a State or Federal marketing order which provides for standard minimum grades, but not for mandatory use of the State of Maine Quality Trademark, or for mandatory inspection or for both, any producer subject to the order and willing to use mandatory inspection may apply for a license to use the State of Maine Quality Trademark.
   2. B. Where a marketing order does not exist
      1. 1. When a commodity is packed to standards that meet or exceed the existing, U.S. No. 1, U.S. Grade A, USDA Choice, Category I (CAT.1) standards, established measurable industry or equivalent Maine standards, then any producer of that commodity is eligible to apply for a license to use the State of Maine Quality Trademark so long as established industry standards are complied with and have been designated as eligible for use with the State of Maine Quality Trademark through rulemaking proceedings.
      2. 2. For commodities with no marketing order or quality standards in effect, three or more interested individuals may request a rulemaking hearing to establish standards for use of the State of Maine Quality Trademark. After the standards are promulgated, any producer of that commodity may apply for a license to use the State of Maine Quality Trademark.

V. Licensing Requirements

1. A. To facilitate the procurement of tags, labels, bags, containers or packages properly designed and constructed to display the official State of Maine Quality Trademark, the following procedures are established:
   1. 1. Manufacturers of tags, labels, bags, containers, or packages which incorporate the State of Maine Quality Trademark must be licensed and apply annually to the Commissioner or the Commissioner's designee, for a provider's license, accompanied by a twenty-five dollar licensing fee. All licenses shall expire June 30th of each year. In no case shall the State of Maine Quality Trademark appear on a tag, label, bag, container or package without the permit number of the licensed user. Final samples or proofs of designs shall be submitted to the Commissioner or the Commissioner's designee for approval prior to distribution in marketing channels.
      1. 2. No manufacturer licensed as in V.A.I. above, may furnish such trademarked merchandise to any individuals, partnerships, or corporations who are not licensed to use the same. The Commissioner or authorized designee will furnish licensed manufacturers with a current list of approved licensed users of the State of Maine Quality Trademark.
      2. 3. No industry member may use this official quality trademark on products unless they have submitted an application accompanied by a twenty-five dollar fee to the Commissioner or authorized designee, and has received a license granting the right to use the same. No industry member may use the State of Maine Quality Trademark in advertisements or on products which fail to conform to the official standards established for the State of Maine Quality Trademark Program.

VI. Suspension of License

1. The Commissioner may act, in accordance with the Maine Administrative Procedure Act, to suspend or revoke licenses of manufacturers or licensed users for violation of any of the terms mentioned above. The accumulation of three or more violations involving misrepresentation of quality, condition, size or other physical characteristics of the product in connection with the use of the State of Maine Quality Trademark in any fiscal year, shall be sufficient cause for the commencement of an action to suspend or revoke the license.

VII. Penalties

1. Violation of this section is a civil violation for which a forfeiture not to exceed $50 may be adjudged for the first violation and a forfeiture not to exceed $200 may adjudged for each subsequent violation.

STATUTORY AUTHORITY: Title 7 M.R.S.A. §§ 441 and 443.

EFFECTIVE DATE:

September 12, 1988

AMENDED:

December 27, 1989

EFFECTIVE DATE (ELECTRONIC CONVERSION):

May 4, 1996

CONVERTED TO MS WORD:

May 13, 2008

CORRECTIONS:

February, 2014 – agency names, formatting

CONVERTED DOCUMENT TO AN UPDATED VERSION OF WORD:

April 22, 2026

APAO ACCESSIBILITY CHECK (Word):

April 22, 2026