An Act To Amend Certain Milk and Milk Products Laws
Maine Legislature, Session 122, LD 1426
Committee: Agriculture, Conservation and Forestry
Sponsors: SMITH, NUTTING, PIOTTI
Amends: 7 MRSA §2900, 7 MRSA §2901-A, 7 MRSA §2902-B, 7 MRSA §2904-A, 7 MRSA §2906, 7 MRSA §2907, 7 MRSA §2910-A

Legislative Document 
No. 1426 
H.P.990 
House of Representatives, March 22, 2005 
An Act To Amend Certain Milk and Milk Products Laws 
Submitted by the Department of Agriculture, Food and Rural Resources pursuant to Joint 
Rule 204. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative SMITH of Monmouth. 
Cosponsored by Senator NUTTING of Androscoggin and 
Representative: PIOTTI of Unity. 
Printed on recycled paper 
'!r/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §2900, sub-§5. as enacted by PL 1999, c. 679, 
Pt. A, §l, is repealed. 
Sec. 2. 7 MRSA §2900, sub-§6, as enacted by PL 1999, c. 679, 
Pt. A, §l, is amended to read: 
6. 
Heat treated. 
"Heat treated" or "heat-treated" means 
processed by heating every particle of milk to a temperature of 
degrees Fahrenheit for at least 30 minutes 
,*sia~--a--ae,*b*e 
beUe!'. 
Sec. 3. 7 MRSA §2901-A, as amended by PL 1999, c. 679, Pt. A, 
§3, is further amended to read: 
§2901-A. Standards and labeling 
Notwithstanding any other requirements of this chapter, milk 
and milk products, defined in accordance with standards then in 
effect that have been adopted by the United States Government and 
labeled in conformity with labeling requirements then in effect 
that have 
been adopted by the United States Government, 
are 
considered 
to 
conform 
with 
the 
definitions 
and 
labeling 
requirements set forth in this chapter; except that containers of 
milk and cream packaged in Maine must also bear the name and 
address of the Maine licensed milk distributor and sufficient 
information 
to 
identify 
the 
milk 
plant 
where 
packaged. 
Heat-treated cheese that is offered for sale must bear a label 
that contains the words 
"not pasteurized." 
When heat-treated 
cheese is offered for consumption at an eating establishment as 
defined in Title 22, section 2491, subsection 7, the menu must 
identify 
items 
on 
the 
menu 
that 
contain or 
are 
made 
with 
heat-treated cheese and must provide notice that the heat-treated 
cheese is not pasteurized using the words "not pasteurized" on 
the menu. 
Sec. 4. 7 MRSA §2902-B, sub-§3, as enacted by PL 2003, c. 452, 
Pt. B, §18 and affected by Pt. X, §2, is amended to read: 
3. 
Exception. 
This 
section 
does 
not 
apply 
to 
fa!'m 
hggt-trggtgd 
cheese 
or 
to 
cheese 
that 
has 
been 
aged 
at 
a 
temperature above 
degrees Fahrenheit for at least 60 days 
prior to sale. 
Sec. 5. 7 MRSA §2904-A, as amended by PL 1999, c. 418, §3, is 
repealed. 
Sec. 6. 7 MRSA §2906, as amended by PL 1999, c. 679, Pt. A, 
§9, is further amended to read: 
Page l-LR0311(1) 
§2906. Civil suits 
The district attorney for the county in which any violation 
of 
sections 
2901-A 
to 
69Q4-A 
2903-B has 
occurred shall, if 
requested, assist the commissioner in suits arising under those 
sections. 
Sec. 7. 7 MRSA §2907, as amended by PL 1999, c. 679, Pt. A, 
§10, is further amended to read: 
§2907. Jurisdiction 
The District Court 
jurisdiction ln cases 
2903-B. 
and the Superior Court have 
arising under sections 2901-A 
concurrent 
to 69Q4-A 
Sec. 8. 7 MRS A §2908-A. sub-§l. as enacted by PL 2003, c. 452, 
Pt. B, §20 and affected by Pt. X, §2, is amended to read: 
1. 
Vio1ation. 
A firm, person, corporation or society may 
not sell milk or milk products in the State without the license 
or 
permits 
provided 
in 
sections 
2901-C 
and 
2902-A, 
violate 
sections 2901-A to 69G4-A 2903-B or neglect, fail or refuse to 
comply 
with 
those 
sections 
and 
the 
rules, 
regulations 
and 
standards of identity and quality issued pursuant to section 2910. 
Sec. 9. 7 MRSA §2910-A. as enacted by PL 1999, c. 679, Pt. A, 
§13, is amended to read: 
§2910-A. Injunctions by commissioner 
In addition to 
any other 
remedy for 
the enforcement of 
sections 2901-C to 69G4-A 2903-B or a rule, order or decision by 
the commissioner adopted or issued pursuant to this chapter, the 
commissioner is authorized to apply to the Superior Court for a 
preliminary or permanent injunction restraining any person from 
violating any provision of sections 2901-C to 69Q4-A 2903-B or 
any rule, order or decision of the commissioner adopted or issued 
pursuant to this chapter. 
The Superior Court has jurisdiction 
upon hearing and for good cause shown to grant a preliminary or 
permanent injunction. 
In case of violation of an injunction 
issued under this section, the court may cite the person for 
contempt of court. 
The existence of either civil or criminal 
remedies is not a defense in this proceeding. 
The commissioner 
is not required to give or post a bond when making an application 
for an injunction under this section. 
SUMMARY 
This bill repeals certain sections of law having to do with 
the licensing, inspection and testing of farm cheese. 
It allows 
for heat-treated cheeses to be produced and sold similarly to all 
other processed milk and milk products in the State.