12 §6852. Retail seafood license - Maine Statutes

Title 12: CONSERVATION

Part 9: MARINE RESOURCES

Subpart 2: LICENSING

Chapter 625: WHOLESALE AND RETAIL LICENSES

§6852. Retail seafood license

1. License required. A person may not engage in the activities authorized under this section without a retail seafood license or other license issued under this Part authorizing the activities.

[ 2001, c. 421, Pt. B, §55 (AMD); 2001, c. 421, Pt. C, §1 (AFF) .]

2. License activity. The holder of a retail seafood license may, in the retail trade within the state limits, buy, sell, transport, ship or serve:

A. Shellstock and shucked shellfish if they are bought from a wholesale seafood license holder certified under section 6856; [2005, c. 434, §11 (AMD).]

B. [2005, c. 434, §11 (RP).]

C. Lobster parts or meat, if they are permitted under section 6857, purchased from a wholesale seafood license holder who possesses a lobster processor license under section 6851‐B or have been lawfully imported; [2009, c. 523, §10 (AMD).]

D. Crayfish; or [2005, c. 434, §11 (AMD).]

E. Lobsters. [2005, c. 434, §11 (NEW).]

A holder of a retail seafood license when buying directly from a harvester may buy only from a harvester who possesses the license or permit for that species as required under this Part. The harvester shall make the applicable marine resources license or permit available for inspection upon the retail seafood license holder’s request.

[ 2009, c. 478, §3 (AMD); 2009, c. 523, §10 (AMD) .]

3. License limited. A license authorizes these activities at only one establishment or with only one vehicle.

[ 2001, c. 421, Pt. B, §55 (AMD); 2001, c. 421, Pt. C, §1 (AFF) .]

3-A. Retail sale of certain seafood products. Notwithstanding any provision of law to the contrary, a license or certificate is not required for a person to sell at retail:

A. Shucked shellfish, if the shucked shellfish is purchased from a wholesale seafood license holder certified under section 6856; or [2009, c. 523, §11 (NEW).]

B. Lobster parts or meat, if they are purchased from a wholesale seafood license holder who possesses a lobster processor license under section 6851‐B or if they have been lawfully imported. [2009, c. 523, §11 (NEW).]

[ 2009, c. 523, §11 (NEW) .]

4. Fee. The fee for a retail seafood license is $122.

[ 2009, c. 213, Pt. G, §38 (AMD) .]

5. Violation. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

[ 2001, c. 421, Pt. B, §56 (NEW); 2001, c. 421, Pt. C, §1 (AFF) .]

6. Rules. The commissioner may adopt or amend rules that establish requirements for retail seafood license holders concerning:

A. The minimum sanitation standards for establishments and vehicles; [2005, c. 434, §12 (NEW).]

B. The sanitation and quality control standards for shellfish and whole scallops and their products; [2005, c. 434, §12 (NEW).]

C. The methods for handling, shipping and transporting of shellfish and whole scallops; [2005, c. 434, §12 (NEW).]

D. The records and reports of purchases, shipping and transporting of shellfish and whole scallops; [2005, c. 434, §12 (NEW).]

E. The labeling or marking of shipments of shellfish and wholesale scallops; and [2005, c. 434, §12 (NEW).]

F. The protection of public health. [2005, c. 434, §12 (NEW).]

Rules adopted pursuant to this subsection must be based on the particular operational requirements of each activity, the most recently adopted federal sanitation standards and the most recent generally accepted research data and must be designed to protect the public health and safety while allowing reasonable use of shellfish and whole scallops. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

[ 2005, c. 434, §12 (NEW) .]

SECTION HISTORY

1977, c. 661, §5 (NEW). 1981, c. 480, §9 (AMD). 1983, c. 824, §K3 (AMD). 1985, c. 243, (AMD). 1985, c. 379, §7 (AMD). 1987, c. 826, §5 (AMD). 1989, c. 348, §§10,11 (AMD). 1991, c. 528, §RRR (AFF). 1991, c. 528, §T15 (AMD). 1991, c. 591, §T15 (AMD). 2001, c. 421, §§B55,56 (AMD). 2001, c. 421, §C1 (AFF). 2003, c. 20, §WW23 (AMD). 2005, c. 434, §§11,12 (AMD). 2009, c. 213, Pt. G, §38 (AMD). 2009, c. 478, §3 (AMD). 2009, c. 523, §§10, 11 (AMD).