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Amend the bill by striking out the title and substituting the following:
‘An Act To Support Dairy Farms’
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-§14, as enacted by PL 1999, c. 679, Pt. A, §1, is amended to read:
 
14. Not pasteurized or unpasteurized.   "Not pasteurized" or "unpasteurized" means any milk or milk product that has not been subjected to the temperature and time requirements of pasteurization using equipment designed for pasteurization or has not been aseptically processed and packaged.
Sec. 2. 7 MRSA §2901-A, as amended by PL 1999, c. 679, Pt. A, §3, is further amended to read:
§ 2901-A.Standards and labeling
Notwithstanding any other requirements of this chapter and except as provided by section 2902-B, milk and milk products, defined in accordance with standards then in effect that have been adopted by the United States Government and labeled in conformity with labeling requirements then in effect that have been adopted by the United States Government, are considered to conform with the definitions and labeling requirements set forth in this chapter; except that containers of milk and cream packaged in Maine must also bear the name and address of the Maine licensed milk distributor and sufficient information to identify the milk plant where packaged.
Sec. 3. 7 MRSA §2901-C, first ¶, as enacted by PL 1999, c. 679, Pt. A, §5, is amended to read:
A person required to obtain a permit or license under this section, section 2902-A or rules adopted under section 2910 or pursuant to former section 2902 may not sell, transport or transfer milk or milk products prior to obtaining the appropriate license or permit.
Sec. 4.  7 MRSA §2901-C, sub-§§6 and 7  are enacted to read:
 
6.  Exemption.     A milk distributor who sells unpasteurized milk or an unpasteurized milk product is exempt from the licensing requirements under subsection 1 if the following conditions are met:
 
A.  The sale of the unpasteurized milk or unpasteurized milk product in its final form must be made directly to the end consumer on the premises of the dairy farm where the unpasteurized milk or unpasteurized milk product is produced, including a farm stand or eating and lodging place, as defined in Title 22, section 2491, subsection 6, located on property contiguous to the dairy farm;
 
B.  The milk distributor must allow each person who purchases unpasteurized milk or an unpasteurized milk product to visually inspect the dairy farm where the unpasteurized milk or unpasteurized milk product is produced. For purposes of this paragraph, the milk distributor may require a person who chooses to inspect the dairy farm to follow sanitary procedures determined by the milk distributor;
 
C.  The milk distributor may not promote the unpasteurized milk or unpasteurized milk product in any manner other than in person or a face-to-face exchange between the milk distributor and the end consumer; and
 
D.  The unpasteurized milk or unpasteurized milk product must be sold in a package that:
 
(1) Meets all labeling requirements under chapter 101, subchapter 5 and sections 2902-B and 2910;
 
(2) Has a label containing the name, address and phone number of the milk distributor; and
 
(3) Has a label with the following statement: "This food has been produced by a milk distributor that is exempt from licensing and inspection by the State of Maine."
 
7.  Commissioner's authority to investigate foodborne illness.     Notwithstanding subsection 6, when the commissioner is investigating an outbreak of foodborne illness and has reason to believe that unpasteurized milk or an unpasteurized milk product being sold under this section is adulterated as determined in Title 22, section 2156, the commissioner may inspect the dairy farm where the unpasteurized milk or unpasteurized milk product was produced and may detain, embargo or condemn the unpasteurized milk or unpasteurized milk product in accordance with Title 22, section 2159.
Sec. 5. 7 MRSA §2902-B, sub-§3, as amended by PL 2005, c. 270, §3, is further amended to read:
 
3. Exception.   This section does not apply to cheese that has been aged at a temperature above 35 degrees Fahrenheit for at least 60 days prior to sale and is produced by a milk distributor who is licensed under section 2901-C, subsection 1. The licensing requirement under this subsection does not apply to an eating and lodging place as provided in section 2901-C, subsection 6, paragraph A.
Sec. 6. 7 MRSA §2902-B, sub-§5, as reallocated by PL 2005, c. 683, Pt. A, §12, is amended to read:
 
5. Sale of heat-treated cheese at eating establishment.   Notwithstanding subsection 2, heat-treated cheese may be offered for consumption at an eating establishment as defined in Title 22, section 2491, subsection 7 providedas long as the menu identifies items on the menu that contain or are made with heat-treated cheese and provides notice that heat-treated cheese is not pasteurized using the words "not pasteurized" on the menu, and the heat-treated cheese is produced by a milk distributor who is licensed under section 2901-C, subsection 1. The licensing requirement under this subsection does not apply to an eating and lodging place as provided in section 2901-C, subsection 6, paragraph A.’
 
SUMMARY
This amendment, which is a minority report, strikes and replaces the bill. The amendment provides that the term "unpasteurized" has the same meaning as "not pasteurized." Current law defines a "milk distributor" as any person who offers for sale or sells to another person any milk or milk products in their final form. The amendment provides that a milk distributor who sells unpasteurized milk or an unpasteurized milk product is exempt from licensing requirements if the following conditions are met.
1. The sale of the unpasteurized milk or unpasteurized milk product in its final form is made directly to the end consumer on the premises of the dairy farm, including a farm stand or eating and lodging place located on property contiguous to the dairy farm.
2. The milk distributor allows each person who purchases unpasteurized milk or an unpasteurized milk product to visually inspect the dairy farm where the unpasteurized milk or unpasteurized milk product is produced. The milk distributor may require a person who chooses to inspect the dairy farm to follow sanitary procedures determined by the milk distributor.
3. The milk distributor does not promote the unpasteurized milk or unpasteurized milk product in any manner other than in person or a face-to-face exchange between the milk distributor and the end consumer.
4. The unpasteurized milk or unpasteurized milk product must be sold in a package that meets applicable labeling requirements in law and has a label containing the name, address and phone number of the milk distributor and the following statement: "This food has been produced by a milk distributor that is exempt from licensing and inspection by the State of Maine."
The amendment also provides that the Commissioner of Agriculture, Conservation and Forestry may inspect a dairy farm when investigating an outbreak of foodborne illness.