Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 293 - Lead Poisoning Prevention Fee Rules
Section 144-293-1 - DEFINITIONS

Universal Citation: 10 ME Code Rules ยง 144-293-1

Current through 2024-38, September 18, 2024

A. Brand name owner. "Brand name owner" means a person who is the owner or licensee of the intellectual property rights of a paint product sold, offered for sale, or otherwise distributed in Maine.

B. Commissioner. "Commissioner" means the Commissioner of the Department of Health and Human Services.

C. Department. "Department" means the State of Maine Department of Health and Human Services.

D. Fee. "Fee" means the Lead Poisoning Prevention Fee established pursuant to 22 M.R.S. §1322-F.

E. Fee payer. "Fee payer" means those categories of manufacturers, brand name or private label owners, or importers of paint sold in the State of Maine, which are required to pay the Lead Poisoning Prevention Fee.

F. Manufacturer. "Manufacturer" means a manufacturer of paint sold in the State of Maine, and includes any subsidiary or affiliate of such manufacturer.

G. Importer. "Importer" means anyone who offers for sale, sells or distributes in Maine a paint product which has been manufactured outside of the United States.

H. Low quantity waiver. "Low quantity waiver" means the amount of annual paint sales in the State of Maine established by the Department below which will exempt Fee payers from payment of the Lead Poisoning Prevention Fund fee.

I. Paint. "Paint" means any substance applied to a surface as a coating for protective, decorative or functional purposes, identified by the U.S. Census Bureau as within the following segments of paint and coating manufacturing, as set forth on Table 2 of the 2004 Annual Report for Paint and Allied Products, issued September 2005, Publication MA325F(04)-1. Table 2 is attached to these rules as Appendix A and is incorporated by reference.

1. Architectural coatings. "Architectural coatings" means any product formulated for normal environmental conditions and general applications which is used as, or usable as, a coating applied to the interior or exterior surfaces of stationary structures and their appurtenances, to portable buildings, to pavements, or to curbs, such as interior and exterior house and trim paints, varnishes, stains, lacquers, and sealers.

2. Product finishes for original equipment manufacturers. "Product finishes for original equipment manufacturers (OEM)" means coatings formulated specifically for original equipment manufacturers to meet product requirements during the manufacturing process, such as finishes for vehicles, appliances, furniture, and other industrial products.

3. Special purpose coatings. "Special purpose coatings" includes stock type shelf goods formulated for environmental conditions such as extreme temperatures, fungi, chemicals, fumes or special application, such as high-performance maintenance paints, machinery refinish paints, marine coatings, and traffic marking paints.

J. Person. "Person" means any individual, firm, corporation, association or partnership, and the State of Maine, or any political subdivision within the State.

K. Private label owner. "Private label owner" means a person who is the owner or licensee of the intellectual property rights of a paint product sold, offered for sale, or otherwise distributed in Maine.

L. Responsible corporate official. "Responsible corporate official" means one of the following:

1. For a corporation: a president, secretary, treasurer, or vice-president of the corporation who is in charge of a principal business function, or any other person who performs similar policy or decision-making functions on behalf of the corporation;

2. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

3. For a municipality, tribal, state, federal or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this chapter, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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