APPROVED CHAPTER
MAY 23, 2025 82
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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S.P. 80 - L.D. 144
An Act to Create a Limited Retail Seafood Harvester Certificate
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 limited retail seafood harvester certificate, established in this legislation
and attached to an already existing retail seafood license, would make it easier for shellfish
harvesters, especially oyster growers, to sell their harvest directly to consumers without
having the additional expense related to the operation of a fixed facility or selling their
product through registered dealers; and
Whereas, it is important that this certificate be made available to seafood harvesters
as soon as possible, so they may sell their harvest from a vehicle during the upcoming
spring and summer seasons, including at farmers' markets; and
Whereas, the Department of Marine Resources has indicated that the department has
the resources necessary to implement this certificate immediately; 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 §6852, as amended by PL 2023, c. 207, §§17 to 19, is further
amended to read:
§6852. Retail seafood license
1. License required. A person may not engage in the activities authorized under
subsection 2 without a retail seafood license or other license issued under this Part
authorizing the activities.
2. License activity. Except as provided in subsection subsections 2-A, 2‑B and 2-C,
the holder of a retail seafood license may, in the retail trade, buy, sell, transport, ship or
serve:
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 A. Shellstock, which must be purchased from a wholesale seafood license holder
certified under section 6856;
D. Crayfish;
F. Lobsters; and
G. Any marine organism that is purchased directly from a harvester licensed under this
Part.
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.
2-A. Enhanced retail certificate authorized. The holder of a retail seafood license
may obtain an enhanced retail certificate from the department. The holder of an enhanced
retail certificate may, in the retail trade within the state limits, buy, sell, transport, ship or
serve:
A. Shellstock bought from a commercial shellfish license holder licensed under section
6601;
B. Shellstock bought from a surf clam boat license holder licensed under section 6602;
C. Shellstock bought from a mahogany quahog license holder licensed under section
6731;
D. Shellstock bought from a hand-raking mussel license holder licensed under section
6745 or a mussel boat license holder licensed under section 6746; and
E. Shellstock bought from an aquaculture license holder licensed under section
6810‑B.
For the purposes of inspection or collection of samples, the commissioner or the
commissioner's agent may access an establishment or part thereof in which activities
authorized under this certificate are conducted by a person holding a retail seafood license.
Denial of access is grounds for suspension or revocation of a retail seafood license under
the provisions of section 6372. The holder of an enhanced retail certificate may not
designate a vehicle as that person's establishment.
2-B. Endorsements. The holder of a retail seafood license buying directly from a
harvester must obtain an endorsement from the department for the species being bought if
the license to harvest that species requires the harvester to comply with an electronic
reporting requirement. The department shall provide endorsements to license holders at no
cost in accordance with rules adopted under subsection 6.
2-C. Limited retail seafood harvester certificate authorized. The holder of a retail
seafood license may obtain a limited retail seafood harvester certificate from the
department. The holder of a limited retail seafood harvester certificate may, in the retail
trade within state limits, sell, transport and serve shellstock taken by the primary owner
listed on the retail seafood license as long as the primary owner is also a:
A. Commercial shellfish license holder licensed under section 6601;
B. Surf clam boat license holder licensed under section 6602;
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 C. Mahogany quahog license holder licensed under section 6731;
D. Hand-raking mussel license holder licensed under section 6745 or a mussel boat
license holder licensed under section 6746; or
E. Aquaculture license holder under section 6810-B.
For the purposes of inspection or collection of samples, the commissioner or the
commissioner's agent may access the vehicle in which activities authorized under this
certificate are conducted by a person holding a retail seafood license. Denial of access is
grounds for suspension or revocation of a retail seafood license under the provisions of
section 6372.
3. License limited. A license authorizes activities pursuant to subsection 2 at only
one establishment or with only one vehicle.
3-B. Certificate limited. An enhanced retail certificate authorizes activities pursuant
to subsection 2‑A at only one establishment. A limited retail seafood harvester certificate
authorizes activities pursuant to subsection 2-C with only one vehicle.
4. Fee. The fee for a retail seafood license under subsection 1 is $100. The fee for an
enhanced retail certificate under subsection 2‑A is $100 and must be deposited in the
Shellfish Fund under section 6651. The fee for a limited retail seafood harvester certificate
under subsection 2-C is $50 and must be deposited in the Shellfish Fund under section
6651.
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.
6. Rules. The commissioner may adopt or amend rules that establish requirements for
retail seafood license holders and, enhanced retail certificate holders and limited retail
seafood harvester certificate holders concerning:
A. The minimum sanitation standards for establishments and vehicles;
B. The sanitation and quality control standards for shellfish and whole scallops and
their products;
C. The methods for handling, shipping and transporting of shellfish and whole
scallops;
D. The records and reports of purchases, shipping and transporting of shellfish and
whole scallops;
E. The labeling or marking of shipments of shellfish and wholesale scallops;
F. The protection of public health; and
G. Endorsements under subsection 2‑B.
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.
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 Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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Statutes affected:
Bill Text ACTPUB , Chapter 82: 12.6852