An Act To Encourage the Purchase of Meat Produced without N ontherapeutic Antibiotics
Maine Legislature, Session 122, LD 1126
Committee: Agriculture, Conservation and Forestry
Sponsors: COWGER, PIOTTI, NUTTING, RAYE, WESTON, CARR, PERRY, PINGREE, SMITH, TARDY
Amends: 7 MRSA §211, 7 MRSA §212, 7 MRSA §212-A

Legislative Document 
No. 1126 
S.P.388 
In Senate, March 1, 2005 
An Act To Encourage the Purchase of Meat Produced without 
N ontherapeutic Antibiotics 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Senator COWGER of Kennebec. 
Cosponsored by Representative PIOTTI of Unity and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: NUTTING of Androscoggin, RAYE of Washington, WESTON of Waldo, 
Representatives: CARR of Lincoln, PERRY of Calais, PINGREE of North Haven, SMITH of 
Monmouth, TARDY of Newport. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA c. 8-A, as amended, is further amended by 
repealing the chapter headnote and enacting the following in its 
place: 
CHAPTER 8-A 
FOOD POLICY 
Sec. 2. 7 MRSA §211, as enacted by PL 1983, c. 608, §2, is 
amended by adding at the end a new paragraph to read: 
It 
is 
the 
policy 
of 
the 
State 
nontherapeutic use of antibiotics in animal 
institutions 
and 
school districts shall 
chicken, turkey, beef or pork products of 
purchasing 
products 
that 
have 
been 
nontherapeutic use of antibiotics and make 
in accordance with this chapter. 
to 
discourage 
the 
agriculture. 
State 
inform 
suppliers 
of 
their preference for 
produced 
without 
purchasing decisions 
Sec. 3. 7 MRSA §212, as amended by PL 1989, c. 443, §18 and 
PL 2003, c. 20, Pt. 00, §2 and affected by §4, is repealed. 
Sec. 4. 7 MRSA §212-A is enacted to read: 
§2l2-A. 
Definitions 
As 
used 
in this 
chgpter, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
Antibiotic. 
"Antibiotic" means a substance of natural 
or 
synthetic 
or~g~n that 
kills 
or 
inhibits 
the 
growth 
or 
multiplication of bacteria. 
"Antibiotic" includes, but is not 
limited to, 
the following classes: penicillins, tetracyclines, 
macrolides, 
lincosamides, 
streptogramins, 
aminoglycosides 
and 
sulfonamides. 
"Antibiotic" does not include ionophores or other 
compounds directed against fungi, parasites or viruses. 
2. 
Antibiotics used in human medicine. 
"Antibiotics used 
in 
human 
medicine" 
means 
any 
antibiotic 
belonging 
to 
the 
following 
classes 
of 
compounds 
approved 
for 
use 
in 
human 
medicine: penicillins, tetracyclines, macrolides, 
lincosamides. 
streptogramins. aminoglycosides and sulfonamides. 
3. 
Broker or wholesaler. 
"Broker or wholesaler" means a 
person 
representing 
an 
enterprise, 
either 
for 
profit 
or 
nonprofit, whose objective is to purchase or collect available 
supplies of food from food producers for subseguent distribution 
to state institutions, school districts and other food businesses. 
4. 
Disease thex.ma. 
"Disease therapy" means the use of 
antibiotics, under the direction of a veterinarian licensed in 
this State, for treating an animal with an established disease or 
illness. 
"Disease 
therapy" 
do~s 
not 
include 
the 
use 
of 
antibiotics beyond the period needed for treatment of the disease 
or illness. 
5. 
FluoIQgqino~l~o~n~e~ ____ ~an~t~i~biotics. 
Fluoroguinolone 
antibiotics means any of a group of fluorinated derivatives of 
guinolone 
that 
are 
used 
as 
antibacterial 
drugs, 
including 
enrofloxacin. 
6. 
Maine food 
p~Qdg._cer. 
"Maine food producer" means any 
person who is a resident farmer or fisherman, or an association 
of farmers or fishermen in a cooperative or producer group. 
7. 
Nonroutine 
disease 
preyention. 
"Nonroutine 
disease 
prevention" means the use of antibiotics when it can be shown 
that a particular disease is present on the premises or is likely 
to occur because of a specific situation. 
8. 
No~eriiU>~t~t,i.~~s~. 
"Nontherapeutic 
use" 
means 
the 
administration of antibiotics to an animal or a group of animals 
for purposes other than disease therapy or nonroutine disease 
prevention. 
9. 
State or scho.QL.p.urchaser. 
"State or school purchaser" 
means 
any 
person 
who 
purchas.es 
foodstuffs 
for 
any 
state 
institution or 
agency, 
the 
community 
colleges or 
the 
school 
districts of this State. 
Sec. 5. 7 MRSA §Z16 is enacted to read: 
§216. 
Implementation of state policy on meat procurement 
A state or school purchaser shall comply with this section. 
J8 
1. 
NotificatiQP~o broker~ or wholesalers. 
State or school 
P1lrchasers 
shall 
inform 
brokers 
or 
wholesalers 
of 
chicken..L 
turkey, beef or pork products seeking to do business with the 
42' 
state or school of purchasing preferences for products that have 
been 
produced 
without 
nontherapeutic 
use 
of 
antibiotics, 
'l4 
particularly antibiotics used in human medicine. 
2. 
Preference 
in 
pu~_chasing 
chicken 
products. 
This 
subsection governs ~{erence in purchasing chicken products by a 
state or school purchaser: 
A. 
A 
state or 
school 
purchaser shall purchase 
chicken 
products only 
from 
a 
broker or wholesaler 
who 
annually 
submits 
an 
aff~vit to 
the purchaser stating 
chicken products being supplied to 
the state 
purchaser 
have 
been 
produced 
without 
the 
fluoroquinolone antibiotics; and 
that the 
or 
school 
use 
of 
B. 
Notwithstanding any other provision of law and assuming 
reasonable similarity in quality, quantity, availability and 
price with other chicken products offered for sale, a state 
or school purchaser shall purchase chicken products only 
from 
a 
broker 
or 
wholesaler 
who 
annually 
submits 
an 
affidavit to the purchaser stating that the chicken products 
being supplied to the state or school purchaser have been 
produced without nontherapeutic use of antibiotics used in 
human medicine. 
3. 
Preference 
in 
purchasing 
turkey 
products. 
Notwithstanding 
any 
other 
provision 
of 
law 
and 
assuming 
reasonable 
similarity in quality, 
quantity, 
availability 
and 
price with other turkey products offered for sale, a state or 
school purchaser shall purchase turkey products 
only 
from 
a 
broker or wholesaler who annually submits an affidavit to the 
purchaser stating that the turkey products being supplied to the 
state or school purchaser have been produced without the use of 
fluoroquinolone antibiotics and nontherapeutic use of antibiotics 
used in human medicine. 
4. 
Preferepce 
in 
purchasing 
beef 
and 
pork 
products. 
Notwithstanding 
any 
other 
provl.sl.on 
of 
law 
and 
assuming 
reasonable 
similarity in quality, 
quantity, 
availability 
and 
price with other beef or pork products offered for sale, state or 
school purchasers shall purchase beef and pork products only from 
a broker or 
wholesal~H who annually submit an affidavit to the 
purchaser stating that beef and pork products being supplied to 
the 
state 
or 
school 
purchaser 
have 
been 
produced 
without 
nontherapeutic use of antibiotics used in human medicine. 
5. 
En~@ge 
__ ~i.l!iID_a_Lq~~Qte or school purchasers shall 
work with 
MQ..L~ood producers and brokers and wholesalers to 
encourage minimal use for any purpose of Qntibiotics in animals 
rQised for food to be consumed by humans. 
SUMMARY 
This bill inserts a policy statement in Maine statutes to 
discourage 
the 
nontherapeutic 
use 
of 
antibiotics 
in 
animals 
raised for food. 
It requires persons purchasing meat for Maine 
state 
institutions 
and 
Maine 
schools 
to 
notify 
brokers 
or 
wholesalers of this policy and to give preference in buying to 
those who can supply meat from animals that have not been given 
antibiotics for other than therapeutic reasons.