Statutes, codes, and regulations
Maine Administrative Code
Department 13 - DEPARTMENT OF MARINE RESOURCESDivision 188 - MARINE RESOURCES - GENERAL
Chapter 6 - LOBSTER PROCESSING
Section 188-6-02 - Compliance

13-188-6 Me. Code R. § 02

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Current through 2024-46, November 13, 2024
Section 188-6-02 - Compliance
A. These regulations apply to persons who hold a "Lobster Processor License" or "Lobster Processor Tails only License" pursuant to 12 M.R.S. §6851-B or a "Lobster Meat Permit" pursuant to 12 M.R.S. §6857.
B. Application and Fees

Each of the following is a one year license that expires on March 31st, annually:

(1) The fee for a Lobster Processor License, established in accordance with 12 M.R.S. §6851-B(2), is $500.00.
(2) The fee for a Lobster Processor Tails only License, established in accordance with 12 M.R.S. §6851-B(2), is $159.00.
(3) The fee for a Lobster Meat Permit is $159.00, as provided in 12 M.R.S. §6857(5).

Applications for a license or permit may be obtained from the Department of Marine Resources, License Division, 21 SHS, Augusta, Maine 04333-0021; telephone: (207) 624-6550; or online at www.maine.gov/dmr/index.htm under "Licenses".

C. Facility
(1) Lobster and lobster meat may be processed only at one fixed place of business or fixed facility named on the Lobster Processor License.
(2) Lobster tails may be processed only at one fixed place of business or fixed facility named on the Lobster Processor Tails only License.
(3) Lobster meat may be processed at the single establishment ( 12 M.R.S. §6001(14)) , location or place of business named on the Lobster Meat Permit.
D. Inspection

A Marine Patrol Officer may inspect and measure lobster tails, lobster parts and the meat therein, or processed lobster in order to determine conformity with the size restrictions in 12 M.R.S. §6431 and Chapter 25.70.

Tail measurement shall consist of removal of the meat intact from the lobster tail section and measurement of the meat to ascertain conformity with the size restrictions established by Chapter 25.70. Lobster tails shall be illegal if lobster meat so removed fails to meet such size standards.

E. License holders must comply with all other applicable laws and regulations relating to the processing, packaging, storage, labeling, containment, record keeping, etc., of food products.

Federal regulations for lobster processing required by the Food and Drug Administration (FDA) Seafood HACCP Regulations are located in Title 21 CFR Part 123 - Fish and Fishery Products and on the web by searching at: www.gpoaccess.gov/ecfr/index.html

The Maine Department of Agriculture, Food and Rural Resources food regulations applicable to lobster processing/packaging/storage are available on the web at: www.maine.gov/agriculture/qar/food-regs.html

The Department of Human Services, Maine Food Code, 10-144, CMR Chapter 200 is available on the web at: www.maine.gov/sos/cec/rules/10/144/144c200.doc.

F. Exceptions to license requirement
(1) Hotels and Restaurants

As provided by 12 M.R.S. §6851-B(3) and § 6857 a license is not required to remove lobster meat for serving at hotels and restaurants if the meat is removed from the shell in a hotel or restaurant for serving on the premises.

13-188 C.M.R. ch. 6, § 02