2012 Maine Revised Statutes
TITLE 22: HEALTH AND WELFARE
Chapter 551: PURE FOODS AND DRUGS GENERALLY
22 §2175. Maine Wild Mushroom Harvesting Certification Program

Subtitle 2: HEALTH

Part 5: FOODS AND DRUGS

Subchapter 1: FOODS

§2175. Maine Wild Mushroom Harvesting Certification Program

1. Program established; training approval. The Maine Wild Mushroom Harvesting Certification Program is established to ensure that properly trained persons harvest, broker and sell wild mushrooms in order to protect public health and the safety of the food supply. The program is administered by the Department of Health and Human Services for the purpose of establishing training and certification requirements for persons who commercially harvest, broker or sell wild mushrooms in this State. The Commissioner of Health and Human Services shall approve training programs provided by persons or entities outside the department in accordance with the recommendations of the Maine Wild Mushroom Harvesting Advisory Committee under subsection 5.

[ 2011, c. 587, §1 (AMD) .]

2. Certification of wild mushroom harvesters, brokers or sellers. The Commissioner of Health and Human Services, upon consultation with the Maine Wild Mushroom Harvesting Advisory Committee under subsection 5, shall certify persons with appropriate training in mushroom harvesting, brokering or selling to sell, transfer or otherwise deliver wild mushrooms within the State. Certification is valid for a period not to exceed 5 years, unless the Department of Health and Human Services, by rule, establishes another certification period.

[ 2011, c. 587, §1 (AMD) .]

3. Refusal to certify; revocation of certification. The Department of Health and Human Services may decline to certify any person determined to lack the appropriate training to safely harvest, broker or sell wild mushrooms, in accordance with recommendations of the Maine Wild Mushroom Harvesting Advisory Committee under subsection 5 and rules adopted by the Department of Health and Human Services pursuant to this section. The Department of Health and Human Services may revoke, in accordance with the Maine Administrative Procedure Act, the certification of any person in accordance with recommendations of the Maine Wild Mushroom Harvesting Advisory Committee and rules adopted by the Department of Health and Human Services pursuant to this section.

[ 2011, c. 587, §1 (AMD) .]

4. Registry. The Department of Health and Human Services shall maintain a registry of all applicants for certification and of all certificates issued by the Department of Health and Human Services under this section.

[ 2011, c. 412, §2 (NEW) .]

5. Maine Wild Mushroom Harvesting Advisory Committee. The Maine Wild Mushroom Harvesting Advisory Committee, as established in Title 5, section 12004-I, subsection 47-H, and referred to in this subsection as "the committee," is governed by the following provisions:

A. The committee consists of the following 12 members:

(1) The director of the division of environmental health within the Department of Health and Human Services, or the director's designee, who shall serve as a cochair of the committee;

(2) The director of the division of quality assurance and regulation within the Department of Agriculture, Conservation and Forestry, or the director's designee, who shall serve as a cochair of the committee;

(3) The president of a statewide mycological association, or the president's designee, appointed by the Governor;

(4) A representative of a statewide mycological association, appointed by the Governor;

(5) The Dean of the College of Natural Sciences, Forestry, and Agriculture at the University of Maine, or the dean's designee;

(6) The director of a northern New England poison control center, or the director's designee, appointed by the Governor;

(7) A health inspector from the Department of Health and Human Services appointed by the Commissioner of Health and Human Services;

(8) A representative of a statewide restaurant association, appointed by the Governor;

(9) One representative of the wild mushroom foragers community, appointed by the Governor;

(10) One representative of the wild mushroom brokers community, appointed by the Governor;

(11) A chef or other individual with experience in the commercial preparation of food, appointed by the Governor; and

(12) A person experienced in the wholesale sale and distribution of food products, appointed by the Governor; [2011, c. 412, §2 (NEW); 2011, c. 657, Pt. W, §5 (REV).]

B. The committee has the following duties:

(1) To advise the Commissioner of Health and Human Services with respect to the certification of individuals who have completed approved training to engage in the harvesting, brokering or selling of wild mushrooms in this State; and

(4) To advise the Commissioner of Health and Human Services with respect to wild mushroom harvesting training programs and certification;

[2011, c. 587, §1 (AMD).]

C. Each member of the committee serves for a period of 3 years or until the member's successor is appointed. If a member is unable to complete the term, the respective appointing authority shall appoint a person to serve out the remaining portion of the unexpired term; [2011, c. 412, §2 (NEW).]

D. The committee shall meet at least annually and more frequently if needed to carry out its duties. Meetings may be called by the committee's cochairs or any other 2 members as is necessary to carry out the committee's duties; [2011, c. 412, §2 (NEW).]

E. A quorum is a majority of the members of the committee. An affirmative vote of a majority of the members present for a meeting is required for any action; [2011, c. 412, §2 (NEW).]

F. The Department of Health and Human Services shall provide staff assistance to the committee; and [2011, c. 412, §2 (NEW).]

G. Members of the committee serve on a voluntary basis and without compensation. [2011, c. 587, §1 (AMD).]

[ 2011, c. 587, §1 (AMD); 2011, c. 657, Pt. W, §5 (REV) .]

6. Wild Mushroom Harvesting Fund.

[ 2011, c. 587, §1 (RP) .]

7. Fees. The certification fees may not exceed $20 and must be established by the Department of Health and Human Services by rule. Revenues from applicants for certification pursuant to subsection 2 must be deposited into a special revenue account dedicated to a health inspection program.

[ 2011, c. 587, §1 (AMD) .]

8. Rules. The Department of Health and Human Services may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

[ 2011, c. 412, §2 (NEW) .]

SECTION HISTORY

2011, c. 412, §2 (NEW). 2011, c. 587, §1 (AMD). 2011, c. 657, Pt. W, §5 (REV).