01-001 DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY

1. DIVISION OF QUALITY ASSURANCE

Summary:

This Chapter establishes grades for Christmas trees produced on tree farms in Maine and designates the quality levels acceptable for use with the State of Maine Quality Trademark.

1. Official Standards

1. A. 7 M.R.S.A. §§ 442 and 443 authorizes the Commissioner (of Agriculture) to "establish and promulgate official grades and standards for farm products" and other natural resource products through joint rulemaking with the appropriate department. Such official standards shall not be lower in their requirements than the minimum requirements and official standards for corresponding grades or classifications as promulgated by the Secretary of Agriculture of the United States. The Commissioner hereby incorporates by reference as the standards for grading of Maine Christmas Trees the U.S. Standards for Grades of Christmas Trees, Sections 51.3085 - 51.3106 (Annex 1) of the U.S.D.A., Agricultural Marketing Service, effective October 30, 1989 and designated as Maine grades in cooperation with the Department of Conservation through joint rule-making.
2. B. Definitions

   For the purposes of this Chapter, and unless the context otherwise indicates, the following words shall have the following meanings:

   1. 1. "Grades" means designated quality levels for Maine grades for Christmas trees, Premium, No. 1 and No. 2 that are established by the Commissioner.
   2. 2. "Inspection on the stump" means the designation of a grade as applied to individual trees prior to cutting.
   3. 3. "Licensed user" means the association of Christmas tree growers or individual producers who have applied for and been issued a license to use the official quality trademark on tags or labels in compliance with Chapter 135, Official Use of the State of Maine Quality Trademark, (Annex 2).
   4. 4. "Permit number" means assigned lot or permit number appearing on the tag or label identifying the licensed user.
   5. 5. "Quality identity tags" means tags or labels bearing the State of Maine Quality Trademark with the grades designated as "Maine Premium" or "Maine No. 1" to identify the quality grades acceptable for use with the trademark.
   6. 6. "Representative sample" means a proportionate amount of the whole sample that statistically represents the entire lot.
   7. 7. "Trademark" means a silhouette of the State of Maine as described in Section II of Chapter 135, Official Use of the State of Maine Quality Trademark.

II. Grades Adopted

1. A. Pursuant to 7 M.R.S.A. 442, the Commissioner hereby incorporates by reference the U.S. Premium, U.S. No. I and U.S. No. 2 grades as outlined in Sections 51.3085-51.3106 (Annex 1) as Maine Premium, Maine Mo. 1 and Maine No. 2 grades, respectively.

III. Inspection on the Stump

1. A. Inspection on the stump may be requested prior to cutting with certification accomplished through representative sampling. The percentages of various quality levels reported shall pertain to all trees within the designated area.
2. B. Individual quality identity tags may be attached to trees designated as meeting minimum quality requirements at time of inspection on the stump.

IV. Licensing Requirements

1. A To facilitate the procurement and use of tags or labels which display the Official State of Maine Quality Trademark, the following procedures are established:
   1. 1. Manufacturers of tags or labels shall apply for a Provider's License and are subject to Section V, A.1 and 2, VI and VII of Chapter 135.
   2. 2. Licensed users shall maintain a record of the total number of tags printed with a valid list of members and the sequence of tag numbers issued to each member who collectively are subject to Section V, A.3, VI and VII of Chapter 135.
   3. 3. 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.

V. Penalties

1. A. Any person who violates any of the provisions of the State of Maine Quality Trademark regulations will be subject to the penalty provisions as set forth by Department of Agriculture Rules 01-001, Chapter 135.

STATUTORY AUTHORITY: 7 M.R.S.A. § 442, 443, 443-B

EFFECTIVE DATE:

September 3, 1990

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