Section 001-125-IX - MANDATORY INSPECTION AND SHIPPINGA. All potatoes packed in Maine in consumer packs must be inspected and pass the grade and other requirements hereof. 1. Certification a. No person shall pack potatoes in consumer packs unless he/she has given notice of intent to pack to the Department prior to the commencement of packing.b. All potatoes shall be inspected and certified during the process of, or immediately prior to, being placed in a trailer or other conveyance, by a Federal/State or State Inspector, a Certified Seed Specialist or other person(s) authorized by the Department.c. All potatoes shall meet or exceed the minimum grade requirements of the grade shown on the container.d. Each lot of potatoes within or being placed in a trailer or other conveyance shall be covered by an unrestricted, original federal/state certificate of inspection or serialized notesheet that accurately describes the lot and includes the correct trailer, or other conveyance, or positive lot identification number.e. Each Inspection Certificate shall be issued no more than four days prior to shipment.f. Warehouse Certificates shall be unrestricted and include positive lot identification.B. Fees for Inspection The Department shall establish, assess and collect fees for all inspections of potatoes made pursuant to these rules. The fees shall be on a uniform basis, in a reasonable amount, which the Department shall determine to be sufficient to cover the cost of such inspection. Fees shall be promptly paid by the packer or other person receiving the inspection service. Failure to pay for fees after 30 days of the date of billing incurs a late charge of 10% plus reasonable interest. Continued failure to pay will result in refusal by the Department to provide inspection services to that person and any other person or firm having a legal relationship to that person.
C. Shipping No packer, shipper, dealer, or broker shall prepare for market, send to market, arrange for the sale of, or have in their possession, or under their control, any potatoes required to be inspected which have not been inspected and determined at point of origin by a duly authorized inspector to have met the standards required by this Chapter.
D. Exemptions and Waivers From Grade Inspection:1. Exemptions from mandatory inspection are provided as follows: a. Potatoes produced by "non-commercial producers",b. Certified Organic potatoes,c. Potatoes sold directly by the producer to consumers through roadside stands, farmers markets or other means, provided that all labeling and grading requirements are complied with,d. Potatoes which are identified, certified and inspected as foundation or certified seed potatoes,e. Potatoes intended and actually delivered for charitable purposes and not for sale,f. Waivers from inspection may be granted by the Department where inspection is impractical because of remote location, or if the total volume of potatoes sold to all persons collectively in any trailer or other conveyance does not exceed 2000 pounds. Waivers can only be obtained by notifying the Department prior to the commencement of packing. Notification shall be on forms provided by the Department. Potatoes exempted from inspection must be in compliance with all labeling and grading requirements.E. Inspection Advisory Committee The Maine Potato Quality Control Board shall serve as the inspection advisory committee. The purpose of the committee shall be to advise the Department of concerns regarding the inspection service. Decisions regarding grade or interpretation of these rules shall be the responsibility of the Department.
F. Enforcement 1. The enforcement of these regulations is vested in the Department as follows: a. The Department may seize, embargo or detain any load or lot of potatoes, or any portion thereof, if such potatoes are being held, sold or transported in violation of these rules.b. Potatoes in consumer packs awaiting shipment on the warehouse floor that have not been positive lot identified shall be in violation of these rules.c. If the Department has reason to believe that potatoes being placed in a trailer or other conveyance do not meet the inspection and grade requirements, it shall be the responsibility of the packer to provide inspector notes, or other documentation to verify compliance.01-001 C.M.R. ch. 125, § IX