PRESQUE ISLE — A proposed state rule to establish inspection requirements for consumer packages of potatoes has been deemed illegal by Attorney General Michael Carpenter.

The laws governing Agriculture Commissioner Bernard Shaw’s authority to establish grades and standards for the packing and labeling of potatoes do not provide sufficient legal standing for the mandatory inspection program, Carpenter has decided.

The proposed rule would have affected packages weighting 50 pounds or less and labeled U.S. 1 or better. Currently, inspection is required only on potatoes packed under the Maine Bag Program, according to John Logan, director of the Maine Potato Board’s advertising and quality control program.

The ruling would have allowed for a more consistent product in the market to satisfy the consumer, said Logan.

The agriculture department initiated the rule-making process on July 19, after approval of the resolution by the Maine Potato Board. A public hearing held on Aug. 4 was well attended and public opinion on the inspection issue was clearly divided, said Shaw.

“Because the industry organization, like the Potato Board and the Quality Control Board, are so committed to the full inspection concept, I was prepared to sign the rule,” said Shaw. “We have been involved in discussions on the legal issues with the attorney general for some time.”

“In the interests of the potato industry, I have urged Mr. Carpenter to take as broad a view of the laws in question as possible,” said Shaw. “Obviously, the attorney general’s decision reflected a difficult judgment call and I can only say that I’m disappointed with the outcome.”

The Maine Potato Board and Quality Control Board plan to work with area legislators to write legislation to allow the inspection program, said Logan.

Shaw also plans to continue to improve inspection service, despite the loss of the inspection rule. The service is a cooperative venture between the state and the U.S. Department of Agriculture, with the state inspectors certifying federal and state grades of potatoes and other commodities, said Shaw.

Inspection is available on a voluntary basis for a fee in the tablestock potato industry, said Shaw.

“We want to make the inspection service more responsive to customer needs because it’s the individual packers who are paying the freight,” said Shaw. “If the industry remains committed, the department stands prepared to seek legislation to carry out this program at some future time.”