Maine?s Potato Industry to see Changes in Seasonality Bookmark and Share

May 8, 2015

FOR IMMEDIATE RELEASE: May 8, 2015 Media Contact: Julie Rabinowitz, 621-5009

Findings result in creation of new designation of seasonal status for potato harvesting and revocation of pre-existing designation of seasonal status for potato packing and processing.

AUGUSTA?Maine?s potato industry will have access to a new seasonal designation, based upon a decision rendered by the Maine Unemployment Insurance Commission on April 30, 2015. The Commission granted the industry?s request for a seasonal designation for its potato harvesting activities.

?As economies change and with the advancement of technology, our regulations must be responsive to the evolving needs of Maine?s industries,? said Governor Paul R. LePage. ?My administration encourages members of industry to reach out and let us know how government can be responsive to their needs to promote the best economic environment and protections for Maine businesses and workers.?

The potato industry petitioned the Commission for seasonality determinations for both its planting activities and its harvesting activities in December of 2013. Evidence gathered at a July 2, 2014 hearing lead the Commission, on its own motion, to reconsider the potato industry?s existing seasonal designation for potato packing and processing as well, which was heard on November 13, 2014.

Based upon the evidence gathered in its investigation, the Commission?s decision establishes a new seasonal designation for the potato industry?s harvesting operations and revokes the industry?s prior seasonal designation for packing and processing. Employers within the industry will also now not be required to annually apply for the new seasonal designation for harvesting.

Planting and Harvesting Activities

The Commission?s decision establishes a new seasonal designation for the potato industry?s harvesting operations, which shall run annually from August 1 through November 15.

Maine?s potato industry?s harvesting operations occur annually, take place during a regularly recurring period of less than 26 weeks, and require the hiring of a substantial number of temporary employees. The Commission determined that the industry?s potato harvesting activities meet the criteria for seasonality and that a seasonal designation for harvesting would be of significant value to the industry.

In its investigation, the Commission concluded that it could not combine planting and harvesting activities into one seasonal designation. Under state law, the Commission may only combine two seasonal periods into a single seasonal period for an industry when they overlap or are consecutively continuous without interruptions that exceed 14 days, which was not determined in this case.

Packing and Processing Activities

At the time of the petition, the seasonal designation for the potato industry?s potato packing and processing activities dated back to November 1973. Evidence gathered during the Commission?s investigation demonstrated that potato packing and processing activities have changed substantially and now take place throughout most of the calendar year

As required under Maine law, seasonal designations may be granted for operations that take place only during a regularly recurring period or periods of less than 26 weeks in a calendar year. In its decision, the Commission revoked the potato industry?s prior seasonal designation for potato packing and processing, effective July 1, 2015, as these activities no longer meet the requirements for seasonality.

About the Unemployment Insurance Commission

The Unemployment Insurance Commission is a three-person administrative board that serves as the highest level of administrative appeal for unemployment insurance claims. Under Title 26 M.R.S. ? 1251 of Maine law, the Commission has original jurisdiction of petitions for seasonal designation and is also tasked with regulating Maine?s seasonal industry program and investigating the seasonal nature of Maine industries.

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Supporting documents

Potato Industry Seasonality Decision

Potato Industry Seasonality Decision