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An Act To Help Small Farmers in Selling Raw Milk and Homemade Food Products
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 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, 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 and labeling required under section 2910-C must contain any additional information required by section 2910-C.
Sec. 2. 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 or to raw milk under section 2910-C.
Sec. 3.  7 MRSA §2910-C  is enacted to read:
§ 2910-C. Raw milk
 
1.  Definitions.     For purposes of this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Farmers' market" has the same meaning as in section 415, subsection 1, paragraph A.
 
B.  "Raw milk" means milk that has not been pasteurized or homogenized.
 
2.  Raw milk.     A person may sell raw milk or raw milk products without a license under section 2901-C or 2902-A or rules adopted under section 2910 as long as:
 
A.  The person daily produces for sale less than 20 gallons of raw milk or processes for sale less than 20 gallons of raw milk into cheese aged less than 60 days, yogurt, cream, butter or kefir;
 
B.  The raw milk or raw milk product is sold only directly from the person's own farm or farm stand or at a farmers' market within the State;
 
C.  The raw milk or raw milk product is labeled pursuant to the provisions of subsection 3; and
 
D.  The person places a clearly visible sign at the point of sale for the raw milk or raw milk product that contains the name, address and telephone number of the person's farm and the following statement: "Products from this farm made from raw milk are exempt from State of Maine licensing and inspection."
 
3.  Labeling.     In addition to the provisions of section 2901-A, raw milk and raw milk products sold under subsection 2 must be clearly and individually labeled with the following information:
 
A.  The name, address and telephone number of the raw milk producer's farm;
 
B.  The name of the raw milk or raw milk product; and
 
C.  The following statement: "This product is made from raw milk and is exempt from State of Maine licensing and inspection."
 
4.  Exemption from licensing and inspection.     A person selling raw milk or raw milk products under subsection 2 is exempt from the licensing and inspection provisions of this chapter with respect to that raw milk or those raw milk products.
 
5.  Adulterated or misbranded food.     A person selling raw milk or raw milk products under subsection 2 is subject to the provisions of Title 22, sections 2156, 2157 and 2159.
Sec. 4. 22 MRSA §2501, as amended by PL 2011, c. 193, Pt. B, §10, is further amended by adding at the end a new paragraph to read:
A homestead food operation under section 2503 is exempt from licensing under section 2492 and any inspection requirements under this chapter.
Sec. 5.  22 MRSA §2503  is enacted to read:
§ 2503. Homestead food operations
 
1.  Definitions.     For purposes of this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Farmers' market" has the same meaning as in Title 7, section 415, subsection 1, paragraph A.
 
B.  "Homestead food operation" means a person who:
 
(1) Produces homestead food products made only in the kitchen of the person's primary residence;
 
(2) Sells homestead food products only from the person's primary residence or farm stand or at a farmers' market within the State; and
 
(3) Sells no more than $10,000 annually of homestead food products.
 
C.  "Homestead food product" means a food product that is sold by a homestead food operation. "Homestead food product" does not include potentially hazardous food.
 
D.  "Potentially hazardous food" means:
 
(1) Food requiring temperature control for safety because it is capable of supporting rapid growth of pathogenic or toxigenic microorganisms and the growth of toxin production of Clostridium botulinum; or
 
(2) Processed acidified or low-acid canned food.
 
2.  Labeling.     A homestead food product or package of homestead food products must be individually labeled with the following information:
 
A.  The name, address and telephone number of the relevant homestead food operation;
 
B.  The name of the homestead food product;
 
C.  The ingredients contained in the homestead food product in descending order of predominance by weight;
 
D.  Allergy information; and
 
E.  The following statement: "This product is exempt from State of Maine licensing and inspection."
 
3.  Exemption from licensing and inspection.     A homestead food operation is exempt from the licensing and inspection provisions of this chapter, chapter 551 and Title 7, chapter 101. A person who sells over $10,000 of food products made only in the kitchen of the person's primary residence, sells such products in a location other than a location under subsection 1, paragraph B, subparagraph (2) or sells potentially hazardous food must be licensed under section 2492 or chapter 551 and may be subject to the provisions of Title 7, chapter 101.
 
4.  Adulterated or misbranded food.     A homestead food operation is subject to the provisions of sections 2156, 2157 and 2159.
 
5.  Rules.     The commissioner may adopt rules under section 2496 in collaboration with the Commissioner of Agriculture, Conservation and Forestry to carry out the purposes of this section.
 
SUMMARY
This bill exempts from state licensing and inspection requirements homestead food operations and raw milk producers who sell small quantities of certain food products or raw milk products made or produced at the person's residence or farm if the food products or raw milk products are sold directly from the person's home or farm or farm stand or at a farmers' market within the State.