PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Allow the Sale of Unregulated Farm-produced Dairy Products at the Site of Production
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA §416  is enacted to read:
§ 416. Farm-produced dairy products
 
1.  Definitions.     As used in this section, unless the context indicates otherwise, the following terms have the following meanings.
 
A.  "Farm-produced dairy product" means a dairy product, including but not limited to yogurt, kefir and fluid milk, that is sold on the same farm on which the dairy product is produced.
 
B.  "Farm-produced dairy product producer" means a person who produces farm-produced dairy products.
 
C.  "Informed end consumer" means, with regard to farm-produced dairy products, a person who:
 
(1) Purchases or consumes the farm-produced dairy product;
 
(2) Does not resell the farm-produced dairy product or process and sell food prepared with the farm-produced dairy product; and
 
(3) Has been informed that the farm-produced dairy product was not produced in a food establishment licensed under Title 22, chapter 551 and that the farm-produced dairy product has not been inspected.
 
2.  License not required for sale of farm-produced dairy products.     A farm-produced dairy product producer is exempt from licensing requirements under Part 7, chapter 601 and Title 22, chapter 551 for sales of farm-produced dairy products when:
 
A.  The sales and transfers of the farm-produced dairy product are made directly to an informed end consumer on the premises on which the farm-produced dairy product was produced;
 
B.  The farm-produced dairy product producer allows each customer to visually inspect the farm where the farm-produced dairy product was produced. A farm-produced dairy product producer may require customers who choose to inspect the farm to follow sanitary procedures determined by the farm-produced dairy product producer;
 
C.  The farm-produced dairy product producer does not advertise the farm-produced dairy product in any manner other than in a face-to-face exchange between the farm-produced dairy product producer and the customer;
 
D.  The farm-produced dairy product producer successfully completes a course in dairy sanitation offered by the University of Maine Cooperative Extension and displays a certificate of completion in a conspicuous place where sales occur. The farm-produced dairy product producer must complete a course under this paragraph at least every 3 years; and
 
E.  The farm-produced dairy product producer samples source water and recirculating water on the farm at least once a year, maintains records of all sampling results at the farm and posts the most recent sampling results in a conspicuous place where sales occur.
 
3.  Farm-produced dairy products and premises exempt from inspection.     Farm-produced dairy products produced and sold in this State and the premises on which a farm-produced dairy product is produced are not subject to inspection by the department under section 446 or Part 7, chapter 601 or Title 22, section 2162 or 2164 when the transaction is between a farm-produced dairy product producer and an informed end consumer in accordance with subsection 2.
 
4.  Labeling.     Farm-produced dairy products sold pursuant to this section must be sold in packages and with a label on each package containing the name, address and phone number of the farm-produced dairy product producer. The farm-produced dairy product must also be clearly labeled with the following statement: "This food has been produced at a facility that is exempt from licensing and inspection by the State of Maine." If the farm-produced dairy product is made from unpasteurized milk, the label must also contain the words "not pasteurized."
 
5.  Commissioner's authority.     Notwithstanding subsection 3, when the commissioner is investigating an outbreak of a foodborne illness and has reason to believe that a farm-produced dairy product is adulterated pursuant to Title 22, section 2156, subsection 1, the commissioner shall inspect and may detain, embargo or condemn those products in accordance with Title 22, section 2159.
Sec. 2.  22 MRSA §2176  is enacted to read:
§ 2176. Application
This subchapter does not apply to the sale of farm-produced dairy products to informed end consumers pursuant to Title 7, section 416.
 
SUMMARY
This bill facilitates direct sales of dairy products sold on the same farm on which the product is produced by exempting those sales from state licensing and inspection requirements if certain conditions are met.