SP0494, LD 1547, item 1, 125th Maine State Legislature
An Act To Allow Certain Wholesale Seafood Dealers To Process Imported Lobsters

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An Act To Allow Certain Wholesale Seafood Dealers To Process Imported Lobsters
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  the Maine lobster processing season begins on or about May 1st; and
Whereas,  that Maine wholesale seafood licensees with lobster permits are currently not allowed to perform certain activities puts them at a competitive disadvantage in relation to Canadian lobster processors and impairs their ability to open new markets for Maine lobster and to create new job opportunities for Maine workers; and
Whereas,  this legislation eliminates the restrictions and it is important that this legislation take effect immediately so that business in this State is improved in the upcoming lobster season; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6431, sub-§6, as repealed and replaced by PL 1987, c. 513, §4, is amended to read:
 
6. Exception; wholesale seafood dealer with lobster permit; rules.   This section ~~shall~~does not apply to live lobsters imported ~~intact in the original crates~~ by a holder of a wholesale seafood license with a lobster permit to another wholesale seafood license holder with a lobster permit if the ~~crates~~containers are sealed in accordance with ~~regulations~~rules adopted by the commissioner; or to imported lobsters being shipped or transported out-of-state if they are in containers sealed in accordance with ~~regulations~~rules adopted by the commissioner. The commissioner may adopt or amend ~~regulations~~rules to prescribe the time, manner and method of sealing ~~crates or~~ containers for the effective operation of this subsection. The ~~regulations~~rules may contain a requirement for a special permit and provisions for inspection of the ~~crates,~~ containers, contents and seals.
Sec. 2.  12 MRSA §6431, sub-§6-B  is enacted to read:
 
6-B.  Exception; lobster processing; rules.     A person who holds both a wholesale seafood license with a lobster permit and a lobster processor license and who possesses lobster in accordance with subsection 6 may process those imported lobsters in accordance with rules adopted by the commissioner, as long as the following criteria are met:
 
A.  The lobsters are not harvested or landed in this State;
 
B.  The lobsters are legal in the waters from which they were harvested; and
 
C.  The lobsters are not less than the minimum size established in this section.
 
Lobster tails processed under this subsection may not be offered for sale within this State in the wholesale or retail trade. Lobster meat processed from the claws and knuckles may be sold within this State in the wholesale or retail trade.
 
The commissioner may adopt or amend rules to prescribe the time, manner and method of sealing containers for the effective operation of this subsection. The rules may include a requirement for a permit and provisions for inspection that establish a chain of custody that ensures that the lobsters were not harvested or landed in this State. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 3. 12 MRSA §6851-B, sub-§2, ¶B, as enacted by PL 2009, c. 523, §9, is amended to read:
 
B. The lobster meat or lobster parts may come from only legal-sized lobsters except as provided in section 6431, subsection 6-B;
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
Current law allows wholesale seafood dealers with a lobster permit to import, handle and transport lobsters that do not meet minimum or maximum length requirements. This bill allows those permit holders who also hold a lobster processing license to process those legally imported lobsters as long as the lobsters were not landed in this State and, except for the claws and knuckles, are not later sold in this State.

SP0494, LR 2154, item 1,First Regular Session - 125th Maine Legislature, page