HP0292, LD 366, item 2, Document Text

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

‘Sec. 1. 7 MRSA §2900, sub-§8, as enacted by PL 1999, c. 679, Pt. A, §1, is amended to read:

8. Milk distributor. "Milk distributor" means any person who offers for sale or sells to another person any milk or milk products in their final form , except that "milk distributor" does not include a milk producer who sells milk only to end use consumers in accordance with section 2901-D.

Sec. 2. 7 MRSA §2901-D is enacted to read:

§ 2901-D. Direct sales from milk producers to consumers

1. License not required. A milk producer is not required to be licensed under this chapter if the producer sells only milk from that producer's dairy farm and the milk:

A. Is sold directly to an end use consumer;

B. Is sold on the dairy farm directly to a consumer by the milk producer; and

C. Is sold in a container carrying a label that clearly states "produced and packaged on a farm that is not licensed or inspected."

2. Unpasteurized milk. In addition to the labeling requirement in subsection 1, paragraph C, an unlicensed milk producer selling milk under this section may not sell unpasteurized milk unless the label on that product contains the words "not pasteurized" and a clearly legible sign is posted on the refrigerator containing the milk or at the point of sale that reads: "Warning: This product has not been pasteurized and may contain harmful bacteria. Pregnant women, children, the elderly and persons with lowered resistance to disease have the highest risk of harm from use of this product."

Sec. 3. 7 MRSA §2902-B, sub-§1, as amended by PL 2005, c. 270, §3, is further amended to read:

1. Sale of unpasteurized milk or milk product. A person may not sell unpasteurized milk or a product made from unpasteurized milk, including heat-treated cheese, unless the label on that product contains the words "not pasteurized." A milk producer that is not licensed under this chapter shall also comply with section 2901-D.

Sec. 4. 7 MRSA §2955, first ¶, as amended by PL 1975, c. 517, §4, is further amended to read:

No A dealer shall may not buy milk from producers or others for sale or shall process, distribute, sell or offer to sell milk in any market in the State designated by the commission unless duly licensed by the commission. No A license shall be is not required of any person who produces or and sells milk for consumption only on the premises of the producer or and seller. Each person, before engaging in the business of a dealer in any market designated by the commission, shall make application to the commission for a license, which the commission is authorized to grant. No A retailer shall may not sell or offer to sell milk in any market in the State which he milk that the retailer has purchased in Maine from an unlicensed dealer.’

SUMMARY

This amendment is the minority report of the Joint Standing Committee on Agriculture, Conservation and Forestry. It establishes criteria for exempting a milk producer from licensing requirements under the Maine Revised Statutes, Title 7, chapter 601. It restricts sales to direct sales to end use consumers on the dairy farm premises and requires the milk container to state that the farm is not inspected or licensed. It also requires a warning to be displayed on the premises when an unlicensed producer is selling unpasteurized milk. It clarifies the existing exemption from licensing under Title 7, chapter 603. It removes the definition of "premises" in the bill that included motor vehicles and portable farm stands.

HP0292 LD 366	First Regular Session - 125th Maine Legislature C "A", Filing Number H-194, Sponsored by		LR 518 Item 2
	Bill Tracking, Additional Documents	Chamber Status

Bill Tracking		Chamber Status
Amendments	Testimony, Public Hearings & Work Sessions		Committee Information
Other Documents			Title & Section

Search Bill Text		Search Bill Status
Bill Directory	Session Information		Legislative Information
Download MS-Word, Printed PDF		Maine Legislature

Office of Legislative Information 100 State House Station Augusta, ME 04333		voice: (207) 287-1692 fax: (207) 287-1580 tty: (207) 287-6826
Word Viewer for Windows		Disclaimer