01-001 DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY

DIVISION OF REGULATIONS

SUMMARY: The Model State Method of Sale of Commodities Regulation prescribes the proper units of measurement for food and nonfood commodities.

1. Conformity to National Method of Sale Regulations

10 MRSA §2628 states 'The methods, units, terms and other requirements for the sale of commodities, as adopted by the National Conference on Weights and Measures and published in the National Bureau of Standards, 'Model State Method of Sale of Commodities Regulation,' and supplements thereto or revisions thereof, shall apply to the sale of commodities in the State of Maine, except insofar as specifically modified, amended or rejected by a regulation issued by the state sealer.'

Note: Copies may be obtained by writing to: Division of Regulations, Maine Department of Agriculture, Conservation and Forestry, 28 State House Station, Augusta, Maine 04333 or the Office of Weights and Measures, National Bureau of Standards, Washington, D. C. 20234.

2. Modification to Permit Sale of Milk in Three Quart Volume

The State Sealer specifically modifies and amends section 1.6. (a) of the Model State Regulation for the Method of Sale of Commodities (1983), as adopted by the 1982 National Conference on Weights and Measures and published by the National Bureau of Standards in N.B.S. Handbook 130 (1983), to read as follows:

'1.6. FLUID MILK PRODUCTS.--All fluid milk products, including but not limited to milk, lowfat milk, skim milk, cultured milks, and cream shall be packaged for retail sale only in volumes per subsection 1.6(a), or subsection 1.6(b) or (c): Provided, that inch-pound sizes less than 1 gill and metric sizes less than 100 milliliters shall be permitted, ( and further provided that the sale of fluid milk products in the inch-pound volume of three liquid quarts shall be automatically suspended for any time during the life of this second proviso when there is not in effect a valid minimum wholesale and/or retail price or prices established for the three-quart container by the Maine Milk Commission. This second proviso shall become effective upon the effective date of the August, 1983 amendment to this chapter, and shall expire upon issuance by the Maine Milk Commission of its first order establishing minimum prices for all package sizes and types regulated by that body on the basis of the major investigation and hearing currently pending before it.

(a) Inch-Pound Volumes - 1 gill, 1/2 liquid pint, 10 fluid ounces, 1 liquid pint, 1 liquid quart, 1/2 gallon, 3 liquid quarts, 1 gallon, 1-1/2 gallons, 2 gallons, 1-1/2 gallons, or multiples of 1 gallon.'

STATUTORY AUTHORITY 10 MRSA §2628

EFFECTIVE DATE:

October 3, 1973

AMENDED:

August 16, 1983

EFFECTIVE DATE (ELECTRONIC CONVERSION):

May 4, 1996

CONVERTED TO MS WORD:

May 15, 2008

CORRECTIONS:

February, 2014 – agency names, formatting