An Act To Establish a Food Policy for Maine
Maine Legislature, Session 122, LD 2107
Amends: 5 MRSA §12004-I, 7 MRSA §2-A

Legislative Document 
No. 2107 
H.P.1497 
House of Representatives, April 11, 2006 
An Act To Establish a Food Policy for Maine 
Reported by Representative PIOTTI of Unity for the Joint Standing Committee on 
Agriculture, Conservation and Forestry pursuant to Public Law 2005, chapter 382, Part C, 
section 6. 
Printed on recyclt!d paper 
/I/~ 
/h.7iId£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-I, sub-§I-B is enacted to read: 
I-B. 
Agriculture 
Maine Food 
Policy 
Council 
Expenses 
MRSA 
§.ll.6. 
Only Upon 
Request and 
Determination 
of Financial 
Hardship 
Sec. 2. 7 MRSA §2-A, as amended by PL 2003, c. 414, Pte B, 
§11 and affected by c. 614, §9, is repealed. 
Sec. 3. 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 AND FOOD POLICY 
SUBCHAPTER 1 
PURCHASE OF FQQDsmFFS FRCII MAINE 
Sec.4. 7 MRSA c. 8-A, sub-c. 2 is enacted to read: 
SUBCHAPTER 2 
FOOD POLICY 
§216. Maine Food Policy Council 
The 
Maine 
Food 
Policy 
Council 
established in Title 
5, 
section 12004 I, subsection l-B is referred to in this subchapter 
as "the council." 
Membership and duties of the cQuncil are as 
provided in this section. 
1. Members. The council consists of 15 members appointed as 
follows: 
A. 
Two 
members 
of 
the 
joint standing committee of the 
Legislature having jurisdiction over agricultural matters, 
one 
appointed 
by 
the 
President 
of 
the 
Senate 
and 
one 
appointed by the Speaker of the House; 
B. 
One 
member 
of 
the 
joint standing committee 
of 
the 
Legislature having jurisdiction oyer matters pertaining to 
marine fisheries appointed by the President of the Senate; 
Page l-LR3l47(1) 
, 
C. 
One 
member 
of 
the 
joint standing committee of the 
Legislature having jurisdiction over matters of health and 
nutrition appointed by the Speaker of the House: 
D. 
One 
representative 
of 
each 
of 
the 
following 
state 
agencies appointed by the commissioner or director of the 
agency: 
(1) 
The 
Department of Agriculture. 
Food 
and Rural 
Resources: 
( 2) 
The Department of Marine Resources: 
(3) 
The Department of Health and Human Services; and 
(~} 
:the fi~UH;;ytive I2epiu:tment. State flanning Qt:t:.i!::e i 
E. Three members representing consYmers. inclyding at least 
one 
representing 
an 
organization 
that 
provides 
food 
assistance and one receiving food assistance. appointed by 
the Governor: 
F. Three members representing the food indystry. inclyding 
producers. distr ibytors. processors or retailers. appointed 
by the Governor: and 
G. 
One representative of the University of Maine System who 
is 
from 
the 
Cooperative Extension or 
the University of 
Maine. Department of Food S!::ien!::e and HYman Nytrition or who 
is a director of dining services within the University of 
Maine System. appointed by the Chan!::ellor of the University 
of Maine System. 
2. 
Legislative members. 
No more than 2 Legislators with 
the same party affiliation may be appointed to serve as members 
during a 
term. 
The terms of legislative members expire the 
first Wednesday in December of odd-nYmbered years. 
3. 
Terms. 
Except for legislative members. each member of 
the coyncil serves for a term of 3 years or until the member's 
syccessor is appointed. If a member is ynable to complete the 
term. the appointing authority shall appoint a person to serve 
out the 
remainder of the unexpired term. 
Except for members 
appointed under subsection 1. paragraph D. a member may not serve 
for more than 2 consecutive terms. 
4. 
Chair. The council shall annually elect a 
chair and 
vice-chair from its membership. 
5. Meetings and attendance. 
The council may meet up to 4 
times a year. 
If a member of the council is absent from more 
than one meeting without notice to the chairs. the original 
appointing authority may appoint a replacement. 
4.6 
6. Quorum: actions. A guorum is a majority of the members of 
the council. An affirmative vote of the majority of the members 
present at a meeting is reguired for any action. 
7. 
Duties. 
The council shall develop: 
A. 
A food policy for the State that recognizes that it is 
in the best interest of the State to ensure the availability 
of an adeguate supply of safe, wholesome and nutritious food 
to its citizens: and 
B. 
A strategic plan for implementation of the state food 
policy under paragraph A. 
The strategic plan must include 
benchmarks and criteria for measuring progress in achieving 
food policy objectives. 
The council shall assess and revise 
the strategic plan every 5 years. To support implementation 
of the strategic plan, the council shall: 
(1) 
Advise the Governor, Legislature, state agencies 
and 
the 
public 
on 
programs 
to 
increase 
food 
self-sufficiency for the State and enhance the vitality 
of agriculture in the State: 
(2) 
Conduct 
research 
and 
analyze 
issues 
of state 
significance relating to food production, distribution 
and consumption; 
( 3 ) 
Solicit public input through public hearings and 
informational meetings: 
(4) 
Review state programs, practices and regulatory 
systems 
affecting the 
food 
supply 
system 
and 
make 
recommendations to resolve conflicts, remove burdensome 
reguirements, 
improve 
the 
efficiency, 
safety 
and 
productivity of the State's food system and increase 
consumer access to food; 
(5) 
Coordinate and develop collaborative relationships 
between private and public entities involved in food 
production and delivery and with the advisory committee 
established under section 214, subsection 3; and 
(6) 
Coordinate the efforts of state agencies relating 
to food to ensure that state programs are conducted in 
a manner that optimizes their effectiyeness, promotes 
locally grown foods and ensures consistency with the 
state food policy developed under paragraph A. 
8. 
Formation of subcommittees. 
The council shall inyite a 
broad base of individuals and representatiyes of adyocacy and 
stakeholder 
groups 
to participate in the strategic planning 
process under subsection 7, paragraph B through the formation of 
subcommittees 
and working groups to address issues identified by 
the council as needing further study or particular expertise. 
9. 
Staff assistance. 
The department shall proyide staff to 
the council. 
10. 
Fund. 
A separate nonlapsing account is established 
within the department known as the food policy deyelopment and 
implementation 
fund. 
The 
commissioner 
shall 
administer 
the 
nonlapsing fund on behalf of the council. 
The council may seek 
and accept gifts, donations and grants from any public or private 
source for deposit in the fund to carry out the purposes of this 
subchapter. 
11. 
Reimbursement for travel elqH!nses. 
A membe r 
f 
the 
council not compensated by that member's employer or the entity 
that the member represents may request reimbursement from the 
department for necessary travel expenses incurred for attendance 
at authorized meetings of the council. 
The department shall 
reimburse 
travel 
expenses 
from 
the 
fund 
established 
under 
subsection 
or 
from 
existing 
departmental 
resources 
upon 
determining that travel expenditures are a financial hardship for 
the reguesting member. The commissioner shall develop a standard 
for determining what is a financial hardship for the purposes of 
this subsection and Title 5, section 12004-I, subsection 1 B. 
12. 
Report. 
The council shall submit a biennial report on 
the actiyities of the council to the joint standing committee of 
the Legislature having jurisdiction oyer agricultural matters by 
December 15th of odd-numbered years. The report must include an 
update 
on 
the 
strategic plan developed 
under 
subsection 
7, 
paragraph B, an account of progress made in achieving the goals 
of 
the 
council 
and 
a 
description of 
actions 
necessary 
to 
implement the recommendations of the council. 
§217. 
Hunters for the Hungry Program: acceptance 
of donations 
The department and those recipient agencies participating in 
the department's food assistance distribution programs may accept 
wild game meat from persons participating in the Hunters for the 
Hungry Program established under Title 12, section 10108. 
The 
department may facilitate the acceptance of that meat by its 
recipient agencies through coordination with the Department of 
Inland Fisheries and Wildlife and may undertake educational and 
promotional efforts on behalf of the program. 
S2I8. 
Fanners' Market Program 
The department shall cooperate with the 
Commissioner of 
Health and Human Services or the commissioner's designee to 
promote the purchase of state-grown and processed food products 
at local farmers' markets and farmstands by nutritionally at risk 
groups through programs administered by the Department of Health 
and Human Services under Title 22, chapter 851. 
Sec. 5. 7 MRSA c. 101, sub-c. 2-B, as amended, is repealed. 
Sec. 6. Staggered terms. 
Notwithstanding the Maine Revised 
Statutes, Title 7, section 216, subsection 2, of the 3 initial 
appointments to the Maine Food Policy Council made pursuant to 
Title 7, section 216, subsection 1, paragraph E and of the 3 
initial appointments 
made 
pursuant to Title 7, 
section 216, 
subsection 1, paragraph F, one member must be appointed to a term 
of one year, one member must be appointed to a term of 2 years 
and one member must be appointed to a term of 3 years. 
Sec. 7. Directive to Maine Food Policy Council. 
The state food 
policy developed by the Maine Food Policy Council under the Maine 
Revised Statutes, Title 7, section 216, 
subsection 7 must be 
designed to support a food supply system that: 
1. 
Ensures Maine residents have a safe and stable food 
supply free of interruption by natural or human events: 
2. 
Enhances the access, 
availability, 
affordability and 
quality of food for all its citizens; 
3. 
Maintains a safety net to ensure security from hunger 
for the State's most vulnerable citizens; 
4. 
Recognizes that the regular consumption of a balanced 
diet of nutritious foods can improve health and reduce health 
care costs; 
5. 
Is economically and environmentally sustainable: 
6. 
Reflects that Maine is a unique place with land, soil, a 
climate and fisheries conducive to the production of a wide array 
of food products; 
7. 
Promotes a fair return to 
entrepreneurial 
freedom 
and 
allows 
participate in the food supply system; 
all participants, provides 
access 
to opportunity to 
8. 
Increases 
food 
self-reliance 
production of food in Maine and increasing 
Maine-produced fish and farm products; 
through 
increasing 
the consumption of 
9. 
Is recognized as a vital sector of the Maine economy, 
enhances rural economic development and contributes positively to 
Maine's rural quality of life; 
10. 
access 
to 
fisheries 
Is supported by an adequate supply of farmland and 
working 
waterfronts 
to 
sustain Maine's 
food 
and 
industries and provide for their future growth; 
11. 
Is accompanied by public and consumer information on 
the value of a proper diet and healthy lifestyle and the benefits 
of Maine-produced agricultural and fish products; and 
12. 
Is supported by stable and consistent state policies 
and programs. 
Sec. 8. Development of strategic plan. 
In developing an initial 
strategic plan as required under the Maine Revised Statutes, 
Title 7, section 216, subsection 7, the Maine Food Policy Council 
shall build on the goals and recommendations of the food policy 
working group convened pursuant to Public Law 2005, chapter 382 
by the Commissioner of Agriculture, Food and Rural Resources in 
2005 and articulated in Section II and Appendix C of that group's 
report submitted to the Joint Standing Committee on Agriculture, 
Conservation and Forestry in January of 2006. 
SUMMARY 
This bill is submitted by the Joint Standing Committee on 
Agriculture, 
Conservation and Forestry pursuant to Public Law 
2005, chapter 382, Part C, section 6. 
It establishes the Maine 
Food Policy Council and charges the council with developing and 
implementing a strategic plan to support a food supply system for 
Maine. 
The council is directed to build on the report of the 
food 
policy 
working 
group 
convened 
by 
the 
Commissioner 
of 
Agriculture, Food and Rural Resources in 2005. 
This bill also 
moves 
sections 
in the 
Maine 
Revised 
Statutes, Title 7 relating to food policy into the new subchapter 
on food policy proposed in this legislation. 
FISCAL NOTE REQUIRED 
(See attached) 
Legislative Study 
Revised: 04/07 106 ~ac 
LD d. /07 
LR 3147(01) 
An Act to Establish a Food Policy for Maine 
Fiscal Note for Committee Bill 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
. Fiscal Note 
Current Costs - Legislative Study 
Current biennium revenue increase - Other Special Revenue Funds 
Current biennium cost increase - Other Special Revenue Funds 
Minor cost increase - General Fund 
The projected cost for four legislators to serve as members of the ongoing Maine Food Policy Council is $1,680 
annually beginning in fiscal year 2006-07. The Legislature's budget includes $20,000 in fiscal year 2006-07 for 
legislative studies. Whether that amount is sufficient to fund all studies will depend on the number of studies 
authorized by the Legislative Council and the Legislature. 
Fiscal Detail and Notes 
The establishment of an Other Special Revenue Funds account within the Department of Agriculture, Food and Rural 
Resources may result in increased revenue collected by the department as weII as increased expenditures; the amounts 
wiII depend on any funds collected from public and private sources and can not be determined at this time. 
LR3147(1) - Fiscal Note - Page 1 of 1