Current through 2024-51, December 18, 2024
Section 001-36-1 - DEFINITIONS1.Agricultural Products - means fresh, or to be processed, food, fiber, or horticultural products grown on the farm, with the intent that the product be sold or otherwise disposed of to generate income. Agricultural products produced on the farm may include the growing and harvesting of some specialty forest products, such as firewood processing, but may not include the products of a business engaged primarily in the growing, harvesting or processing of trees for the purpose of producing pulp or other materials used in paper manufacturing or wood manufacturing. An agricultural product may also include aquacultural products, so long as they are raised on the farm.2.Business Plan - means a document that identifies changes in farm management practices and investments in equipment and property that would increase the profitability and net worth of the farm (vitality). A typical plan identifies ways to increase on-farm income through such methods as improved management practices, direct marketing, and value-added initiatives; and describes current operations and future plans for the business, including but not limited to sections on mission/vision, legal organization, management team, product descriptions, market research, market promotion, customer profiles, financial statements, financial analysis of planned changes in the business and long-term goals for the business.3.Capital - means cash or goods used to generate income by investing in a business, and/or the net worth of a business as in the amount by which its assets exceed its liabilities and/or the money, property, and other valuables which collectively represent the wealth of the business.4.Department - means the Maine Department of Agriculture, Food and Rural Resources.5.Development Pressure - means the potential of the farm operations to be curtailed or the Farm Business to be put out of business due to increasing development of non-compatible land uses near the farm. This includes, but is not limited to residential and industrial development, nuisance complaints, and loss of agricultural infrastructure in the vicinity of the farm or food business. These, and other non-compatible land uses, can create environmental, social, political, or operational constraints on the farm operation and result in, negative financial impacts to the Farm Business.6.Farm Business - means that the agricultural products grown or produced on the farm are being sold commercially and the farm has documentation of gross and net farm income, expenses, net worth and farm debt.7.Farmland Protection Agreement - means a written agreement between a farm selected to receive an investment support cash grant and the Maine Department of Agriculture, Food and Rural Resources, wherein the farm agrees to keep an area of farmland of no less than 5 acres in active agricultural use and to protect that land from non-agricultural development for a period of seven (7) years.8.Financial Capacity - means the ability of the business to pay back its debt through the present or future cash flow of the business.9.Land in Agricultural Use - means land that is currently being used to grow agricultural, horticultural and silvicultural products.10.Net Worth - means the total assets of the farm enterprise minus total liabilities of the farm enterprise.11.Non-State sources of funds - means any source of funds other than moneys provided directly or indirectly by the State of Maine government. A state source does not include commodity group dedicated revenues generated by commodity check-off programs, even if collected by the Department of Revenue Services.12.Program Administrator - means the Suitable Organization contracted by the Department to administer the Maine Farms for the Future Program (the "Program").13.Review Panel - means a group of individuals, appointed by the Commissioner of Agriculture, who shall evaluate and approve applications for participation in the business planning and investment support programs, as well as to do periodic reviews of program criteria.14.Services Package - means a number of specific tasks to be accomplished by a team of Service Providers and the owner or operator of the selected farm to develop a Business Plan. Services may include, but are not limited to, analyzing markets, developing financial data, creating production or processing efficiencies and registration for instruction or classroom training in economics and business planning for the owner or operator of the farm. All tasks must result in planning potential changes of the farm's production, management or marketing practices and investments in equipment and/or property that would increase the future profitability and net worth (vitality) of the farm.15.Service Provider - means the following entities: including but not limited to, individuals, private organizations, public organizations and agencies of the State, marketing consultants, accounting firms, business support organizations, farm support organizations and other organizations that the Department determines may provide valuable services such as, but not limited to, analyzing markets or developing financial data and instruction or classroom training in economics and business planning for the owner or operator of a farm.16.Suitable Organization - means an organization capable of performing all the duties outlined in 7 M.R.S.A. Chapter 10-B Section 320(1) (A) through (E) and (G). The organization contracted by the Department to administer the program becomes the "Program Administrator".17.Vitality - means an increase in the long-term, maintainable, farm profitability and net worth.01-001 C.M.R. ch. 36, § 1