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An Act To Amend the Definition of "Farmers' Market"
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  the number of farmers' markets operating in the State increases abruptly in May; and
Whereas,  it is desirable that revisions to statutes affecting farmers' markets go into effect prior to this seasonal increase; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §415, sub-§1, as enacted by PL 1993, c. 138, §1, is amended to read:
 
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Farmers' market" means a building, structure or place used by 2 or more farmers for the direct sale of farm and food products to consumers, at which all sellers of farm and food products meet the requirements of subsection 2, paragraph B.
 
B.  "Farm and food products" means any agricultural, horticultural, forest or other product of the soil or water, including, but not limited to, fruits, vegetables, eggs, dairy products, meat and meat products, poultry and poultry products, fish and fish products, grain and grain products, honey, nuts, maple products, apple cider, fruit juice, wine, ornamental or vegetable plants, nursery products, fiber or fiber products, firewood and Christmas trees.
Sec. 2. 7 MRSA §415, sub-§2, ¶B, as amended by PL 2005, c. 512, §5, is further amended to read:
 
B.  A person may not sell farm and food products at a market labeled "farmers' market" unless at least 75% of the productproducts offered by that person waswere grown or processed by that person or under that person's direction. A product not grown or processed by that person or under that person's direction must have been grown or processed by and purchased directly from another farmer and the name and location of the farm must be identified on the product or on a sign in close proximity to the displayed product.
Sec. 3.  22 MRSA §2174  is enacted to read:
§ 2174. Sale of baked goods at farmers' markets
Notwithstanding section 2156 and rules adopted under section 2153, a person licensed under this subchapter and offering baked goods for sale at a farmers' market as defined in Title 7, section 415 may display and sell unpackaged baked goods in a manner that allows customers to directly select baked goods for purchase. For the purposes of this section, "baked goods" means breads, rolls, buns, flatbreads, cakes, cookies, pies and other pastries.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
Effective 90 days following adjournment of the 124th Legislature, Second Regular Session, unless otherwise indicated.