An Act To Create Regulatory Exemptions for Poultry
Maine Legislature, Session 124, LD 1034
Committee Amendment CA_A_H427 (House)
Amends: 22 MRSA §2517-C, 22 MRSA §2518

COMMITTEE AMENDMENT "A" to H.P. 709, L.D. 1034, Bill, "An Act To 
Create Regulatory Exemptions for Poultry" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Increase Access to Farm Fresh Poultry' 
Amend the bill by striking out all of sections 3 and 4 and inserting the following: 
'Sec. 3. 22 MRSA §2517-C is enacted to read: 
§2517-C. Slaughter and inspection; exemption for poultry 
1. Exemption. Notwithstanding section 2512 and whether or not the poultry are 
intended for human consumption, inspection is not required for the slaughter of poultry or 
the preparation of poultry products as long as the poultry are slaughtered or the poultry 
products are prepared on the farm where the poultry were raised and: 
A. Fewer than 1,000 birds are slaughtered annually on the farm; 
B. No birds are offered for sale or transportation in interstate commerce; 
C. Any poultry products sold are sold only as whole birds; 
D. The poultry producer has a valid license issued under section 2514; 
E. 
The facilities for slaughtering and processing are in compliance with rules 
adopted under subsection 6; 
F. The poultry producer assigns a lot number to all birds sold and maintains a record 
of assigned lot numbers and the point of sale; and 
G. The poultry are sold in accordance with the restrictions in subsection 2. 
2. Restrictions on point of sale. Poultry products sold under this section may only 
be sold by the poultry producer and in the following locations or manner: 
A. At the farm on which the poultry were raised; 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT 'A" to H.P. 709, L.D. 1034 
B. At a farmers' market as defmed in Title 7, section 415; 
C. To a restaurant licensed under section 2492 and located within a 50-mile radius of 
the farm where the poultry were raised; 
D. Delivered to a consumer's home by the poultry producer whose name and license 
number appear on the label under subsection 3; or 
E. Received by a person who is a member of a community supported agriculture 
farm that has a direct marketing relationship with the poultry producer. For the 
purposes of this section, "community supported agriculture" means an arrangement 
whereby individual consumers have agreements with a farmer to be provided with 
food or other agricultural products produced on that farm. 
3. Labeling requirements for sales at farmers' markets and to restaurants. A 
poultry producer may not sell poultry products that have not been inspected at a farmers' 
market or to a restaurant pursuant to subsections 1 and 2 unless the poultry products are 
labeled with: 
A. The name of the farm, the name of the poultry producer and the address of the 
farm including the zip code; 
B. The number of the license issued to the poultry producer in accordance with 
section 2514 and the lot number for the poultry products pursuant to subsection 1, 
paragraph F; 
C. The statement "Exempt under the Maine Revised Statutes, Title 22, section 2517-
C NOT INSPECTED." The statement must be prominently displayed with such 
conspicuousness that it is likely to be read and understood; and 
D. 
Safe handling and cooking instructions as follows: "SAFE HANDLING 
INSTRUCTIONS: Keep refrigerated or frozen. Thaw in refrigerator or microwave. 
Keep raw poultry separate from other foods. Wash working surfaces, including 
cutting boards, utensils and hands, after touching raw poultry. Cook thoroughly to an 
internal temperature of at least 165 degrees Fahrenheit maintained for at least 15 
seconds. Keep hot foods hot. Refrigerate leftovers immediately or discard." 
4. 
Information provided on restaurant menu. 
The owner or manager of a 
restaurant that purchases or otherwise obtains poultry exempt from inspection under 
subsection 1 may not offer an item containing the exempt poultry unless the item is 
identified on the menu with the words "poultry processed on the farm and not inspected" 
in close proximity to the menu item. The name of the farm from which the poultry were 
purchased must also be stated on the menu. 
5. 
Additional requirements for poultry producers selling to restaurants. In 
addition to the labeling requirements under subsection 3, a poultry producer may not sell 
poultry products to a restaurant under this section unless the poultry producer provides 
the purchaser with a statement alerting the purchaser to the requirements under subsection 
4. 
A poultry producer shall procure a signed statement from any restaurant purchasing 
poultry products from the poultry producer under this section. The statement must verify 
that the restaurant is aware that the poultry are exempted from inspection under 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A "to H.P. 709, L.n. 1034 
subsections 1 and 2, that the restaurant is within a 50-mile radius of the farm where the 
poultry were raised and that the restaurant is aware that the menu of the restaurant must 
contain the information required under subsection 4. The poultry producer shall keep the 
signed statement on file while the poultry producer is selling poultry to the restaurant 
under this section. The poultry producer shall send a copy of signed statements, including 
the name of the poultry producer and the name of the purchasing restaurant, to the 
commissioner upon request. 
6. Rules. The commissioner shall adopt rules to establish requirements for the 
physical facilities and sanitary processes used by poultry producers whose products are' 
exempt from inspection under this section. Rules adopted under this subsection are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
7. Enforcement. The commissioner shall enforce the provisions of this section. An 
emoloyee of the Department of Health and Human Services authorized to enter and 
inspect a restaurant for purposes of inspection under section 2497 may enforce subsection 
and other provisions ofthis section as they apply to restaurants under a memorandum of 
agreement between the commissioner and the Commissioner of Health and Human 
Services. 
8. Violation; penalty. A person who violates this section is subject to penalties 
under section 2524. 
Sec. 4. 22 MRSA §2518, sub-§l, as enacted by PL 1999, c. 777, §1, is amended 
to read: 
1. Review by inspector. The commissioner may cause establishments that are 
required to be licensed under section 2514 but are exempt from inspection under section 
2512, subsection 2, paragraph K to be periodically reviewed by inspectors to ensure that 
the provisions of this chapter and the rules adopted under this chapter are satisfied and 
that the public health, safety and welfare are protected. The commissioner shall cause 
establishments that are required to be licensed under section 2514 but are exempt from 
inspection under section 2517 -C to be reviewed annually by inspectors to ensure that the 
provisions of this chapter and the rules adopted under this chapter are satisfied and that 
the public health, safety and welfare are protected. 
Sec. 5. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Health - Bureau of 0143 
Initiative: Allocates funds for the costs of one half-time Sanitarian II position and related 
costs for additional eating establishment inspections. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGIS LA TIVE COUNT 
Personal Services 
All Other 
2009-10 
0.500 
$33,492 
$11,887 
COMMITTEE AMENDMENT 
2010-11 
0.500 
$34,756 
$8,887 
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COMMITIEE AMENDMENT A" to H.P. 709, L.D. 1034 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$45,379 
$43,643 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on 
Agriculture, ConserVation and Forestry. It retains the provisions of the bill and directs 
the Commissioner of Agriculture, Food and Rural Resources to establish requirements for 
sanitary processes and physical facilities through rulemaking. It requires an annual 
inspection of facilities and an annual review of processes by the Department of 
Agriculture, Food and Rural Resources. 
It allows consumers participating in a community supported agriculture agreement 
with a farmer who has a direct marketing relationship with a poultry producer to receive 
poultry products that have not been inspected. It also allows a poultry producer to deliver 
poultry products to a consumer's home.. Sales to restaurants are restricted to restaurants 
within a 50-mile radius of the farm on which the poultry were produced. 
The amendment adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Revised: 05/26/09 Mac:.. 
LD 1034 
LR 1692(02) 
An Act To Create Regulatory Exemptions for Poultry 
Fiscal Note for Bill as Amended by Committee Amendment A" 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor impact - General Fund 
2009-10 
2010-11 
Projections 
2011-12 
Appropriationsl Allocations 
Other Special Revenue Funds 
$45,379 
$43,643 
$44,683 
Correctional and Judicial Impact Statements 
Decreases the number of civil violations and Class E crimes; decreases correctional and judicial costs 
A reduction in fines will decrease Gen;~ral Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Projections 
2012-13 
$45,778 
Provides an allocation of $45,3 79 in 2009-10 and $43,643 in 2010-11 for the Maine Center for Disease Control and 
Prevention in the Department of Health and Human Services for the costs of one half-time Sanitarian IT position and 
related costs for additional eating establishment inspections. Additional costs to the Department of Agriculture, Food 
and Rural Resources associated with rulemaking and annual reviews and inspections can be absorbed within existing 
budgeted resources. 
LR1692(02) - Fiscal Note - Page 1 of I