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An Act To Ensure Accuracy in the Labeling of Maine Meat and Poultry
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §443-B, sub-§2, as enacted by PL 1987, c. 844, §1, is amended to read:
 
2. Origin of product.   For purposes of this section, the commissioner shall define, by rule, for each commodity group other than poultry and poultry products covered under subsection 2-A and meat and meat products covered under subsection 2-B, the meaning of the term "produced within the State" and the minimum percent of the content of any package that must have actually been produced within the State to meet the requirements for use of any mark under this section.
 
The commissioner shall grant a waiver to the minimum content criteria when emergency market conditions arise whichthat are abnormal to the historic flow of a specific commodity, with the degree of the waiver to be determined by the commissioner. The commissioner shall determine what constitutes an emergency condition.
Sec. 2.  7 MRSA §443-B, sub-§§2-A and 2-B  are enacted to read:
 
2-A.  Maine poultry and poultry products.     Poultry and poultry products as defined in Title 22, section 2511 sold or offered for sale may not be labeled with a certified "Maine" trademark under subsection 1 unless the poultry was raised solely in the State from no later than the 7th day after hatching.
 
2-B.  Maine meat and meat products.     Meat and meat products as defined in Title 22, section 2511 sold or offered for sale may not be labeled with a certified "Maine" trademark under subsection 1 unless the animal was born in the State and raised solely in the State.
Sec. 3.  7 MRSA §443-C  is enacted to read:
§ 443-C. Prohibition; mislabeling poultry and meat
 
1.  Prohibition; mislabeling poultry and meat.     Poultry, poultry products, meat and meat products as defined in Title 22, section 2511 sold or offered for sale may not be labeled or advertised as "Maine-raised" or by a similar designation unless:
 
A.  For poultry and poultry products, the poultry was raised solely in the State from no later than the 7th day after hatching; and
 
B.  For meat and meat products, the animal was born in the State and raised solely in the State.
 
2.  Violation.     For a violation of subsection 1, the commissioner may suspend or revoke a license or may take any other action that the commissioner determines appropriate as provided under Title 22, section 2514, subsection 6.
Sec. 4.  22 MRSA §2512, sub-§1, ¶B-1  is enacted to read:
 
B-1.  Enforce the prohibition under Title 7, section 443-C on labeling or advertising poultry, poultry products, meat and meat products sold or offered for sale as "Maine-raised" or by a similar designation;
 
SUMMARY
This bill provides that:
1. Poultry and poultry products sold or offered for sale may not be labeled with a certified "Maine" trademark or labeled or advertised as "Maine-raised" or by a similar designation unless the poultry was raised solely in the State from no later than the 7th day after hatching; and
2. Meat and meat products sold or offered for sale may not be labeled with a certified "Maine" trademark or labeled or advertised as "Maine-raised" or by a similar designation unless the animal was born in the State and raised solely in the State.
The bill also requires the Commissioner of Agriculture, Conservation and Forestry, under the Maine Revised Statutes, Title 22, chapter 562-A relating to preparation of livestock and poultry products for human consumption, to enforce the prohibition on labeling or advertising poultry, poultry products, meat and meat products sold or offered for sale as "Maine-raised" unless the requirements in this bill are met.