An Act To
Maine Legislature, Session 124, LD 1586
Committee Amendment CA_A_H666 (House)
Amends: 7 MRSA §415, 22 MRSA §2174

COMMITTEE AMENDMENT" A" to H.P. 1124, L.D. 1586, Bill, "An Act To 
Amend the Definition of "Farmers' Market"" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the number of farmers' markets operating in the State increases abruptly 
in May; and 
Whereas, it is desirable that revisions to statutes affecting farmers' markets go into 
effect prior to this seasonal increase; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by striking out all of section 1 and insel1ing the following: 
'Sec. 1. 7 MRSA §415, sub-§l, as enacted by PL 1993, c. 138, § 1, is amended to 
read: 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Farmers' market" means a building, structure or place used by 2 or more 
farmers for the direct sale of farm and food products to consumers, at which all 
sellers of farm and food products meet the requirements of subsection 2, paragraph B. 
B. 
"Farm and food products" means any agricultural, h0l1icultural, forest or other 
product of the soil or water, including, but not limited to, fi'uits, vegetables, eggs, 
dairy products, meat and meat products, poultlY and pOUltlY products, fish and fish 
products, grain and grain products, honey, nuts, maple products, apple cider, fruit 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"Pr" to I-J.P, 1124, L.D. 1586 
juice, wine, ornamental or vegetable plants, nursery products, fiber or fiber products". 
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firewood and Christmas trees. 
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Sec. 2. 7 MRSA §415, sub-§2, GjjB, as amended by PL 2005, c. 512, §5, is further 
amended to read: 
B. 
A person may not setl farm and food products at a market labeled "farmers' 
market" unless at least 75% of the product products offered by that person was were 
grown or processed by that person or under that person's direction. A product not 
grown or processed by that person or under that person's direction must have been 
grown or processed by and purchased directly from another farmer and the name and 
location of the farm must be identified on the product or on a sign in close proximity 
to the displayed product. 
Sec. 3. 22 MRSA §2174 is enacted to read: 
§2174. Sale ofba":ed goods at farmers' markets 
Notwithstanding section 2156 and rules adopted under section 2153, a person 
licensed under this subchapter and offering baked goods for sale at a farmers' market as 
defined in Title 7, section 415 may display and sell unpackaged baked goods in a manner 
that allows customers to directly select baked goods for purchase. For the purposes of 
this section, "baked goods" means brea:ds, rolls, buns, flatbreads, cakes, cookies, pies and 
other pastries.' 
Amend the bill by adding before the summary the following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment adds an emergency preamble and emergency clause to the bill. The 
amendment clarifies that only vendors selling farm or food products at a farmers' market 
must meet the requirement that 75% of those products be grown or processed by the 
vendor or under the vendor's direction. It requires a vendor selling farm or food products 
grown or processed by another person to identify the farm and location on which the 
product originated. The amendment specifically includes fiber and fiber products in the 
definition offarm and food products. 
This amendment also exempts people selling baked goods at farmers' markets from 
cel1ain rules in the State of Maine Food Code 2001, Chapter 331 of Department of 
Agriculture, Food and Rural Resources rules. 
COMMITTEE AMENDMENT 
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