A. 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.
