§763. Labeling

1.  Contents of label.  Agricultural liming materials distributed in the State shall have affixed to each package in a conspicuous manner on the outside of the package, a plainly printed, stamped or otherwise marked label, tag or statement or, in the case of bulk sales, a delivery slip setting forth at least the following information:

A. The name and principal office address of the manufacturer or distributor;   [PL 1987, c. 425, §§1, 3 (NEW).]

B. The brand or trade name of the material;   [PL 1987, c. 425, §§1, 3 (NEW).]

C. The identification of the type of agricultural liming material according to section 762;   [PL 1987, c. 425, §§1, 3 (NEW).]

D. The net weight of the agricultural liming material;   [PL 1987, c. 425, §§1, 3 (NEW).]

E. A statement expressing minimum total neutralizing value stated as calcium carbonate equivalence and the minimum calcium carbonate equivalence derived from magnesium sources; and   [PL 1987, c. 425, §§1, 3 (NEW).]

F. The minimum percent of the agricultural liming material by weight passing through federal standard sieves as prescribed by rules adopted by the commissioner.   [PL 1987, c. 425, §§1, 3 (NEW).]

[PL 1987, c. 425, §§1, 3 (NEW).]

2.  False or misleading information prohibited.  No information or statement may appear on any package, label, delivery slip or advertising matter which is false or misleading relative to the quality, analysis, type or composition of the agricultural liming material.

[PL 1987, c. 425, §§1, 3 (NEW).]

3.  Adulterated material.  In the case of any material which has been adulterated subsequent to packaging, labeling or loading and before delivery to the consumer, a plainly marked notice to that effect shall be affixed by the vendor to the package or delivery slip to identify the kind and degree of the adulteration.

[PL 1987, c. 425, §§1, 3 (NEW).]

4.  Posting of statement.  At every site from which agricultural liming materials are delivered in bulk and at every place where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the label required by this section for each brand and type of agricultural liming material sold in bulk.

[PL 1987, c. 425, §§1, 3 (NEW).]

5.  Rule concerning calcium and magnesium content.  When the commissioner finds, after a public hearing held in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375, that the requirement for expressing the calcium and magnesium in elemental form will not impose an economic hardship on distributors and users of agricultural liming materials by reason of conflicting labeling requirements among the states, he may require that the minimum percentage of calcium carbonate and magnesium carbonate be expressed in the following form:

Total calcium (Ca) .................... percent

Total magnesium (Mg)................... percent

The effective date of the rule shall be not less than 6 months following the issuance of the rule and, for a period of 2 years following the effective date of the rule, the equivalent of calcium and magnesium may also be shown in the form of calcium carbonate and magnesium carbonate.

[PL 1987, c. 425, §§1, 3 (NEW).]

SECTION HISTORY

PL 1987, c. 425, §§1, 3 (NEW).