An Act To Create Regulatory Exemptions for Poultry Referelice to the Committee on Agriculture, Conservation and Forestry suggested and ordered printed.
Maine Legislature, Session 124, LD 1034
Committee: Agriculture, Conservation and Forestry
Sponsors: McCABE, CLEARY, FLEMINGS, GIFFORD, O'BRIEN, PERCY, PRATT, ALFOND
Amends: 22 MRSA §2511, 22 MRSA §2518

Legislative Document 
No. 1034 
H.P.709 
House bfRepresentatives, March 17,2009 
An Act To Create Regulatory Exemptions for Poultry 
Referelice to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative McCABE of Skowhegan. 
Cosponsored by Ser'lator DAMON of Hancock and 
'-7Jt~ 1n· 7J?1I£:1dt2fi1d{ 
MILLICENT M. Ma.cF ARLAND 
Clerk 
Representatives: CLEARY of Houlton, CRA Y of Palmyra, FLEMINGS of Bar Harbor, 
GIFFORD of Lincoln, O'BRIEN of Lincolnville, PERCY of Phippsburg, PRATT of 
Eddington, Senator: ALFOND of Cumberland. 
Prulled till fCC) ded ptlp~r 
Be it enactJ!d by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §2511, sub-§37-A is enacted to read: 
37-A. Poultry producer. "Poultry producer" means a person who raises poultry 
offered for sale. 
Sec. 2. 22 MRSA§2512, sub-§l, ~A, as enacted by PL 1999, c. 777, §1, IS 
/amended to read: 
A. 
Require ante mortem and post mortem inspections, quarantine, segregation and 
reinspections with respect to the slaughter of livestock and poultry and the 
preparation of livestock products and poultry products at all establishments in this 
State, except those exempted under section 2517-C or exempted by the commissioner 
under subsection 2, paragraph K, at which livestock or poultry are slaughtered or 
livestock products or poultry products are prepared for human food solely for 
distribution in intrastate commerce; 
Sec. 3. 22 MRS A §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 is 
intended for human consumption, inspection is not required for the slaughter of poultry or 
the preparation of poultry products as long as the poultry is slaughtered or the poultry 
products are prepared on the farm where the poultry was 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 assigns a lot number to all birds sold and maintains a record 
of assigned lot numbers and the point of sale; and 
E. Any poultry products sold are sold by the person who raised the poultry: 
. 
(1) At the farm on which the poultry were raised; 
(2) At a farmers' market as defined in Title 7, section 415; or 
(3) To a restaurant.Iicensed under section 2492. 
2. Labeling requirements for sales at farmers' marl{ets 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 subsection 1 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; 
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B. 
The number of the license issued to the poultIy producer in accordance with 
section 2514 and the lot number for the poultry products pursuant to subsection 1, 
paragraph D; 
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C. The statement "Exempt under Title 22, section 2517-C NOT INSPECTED." The 
statement must"be prominently displayed with such corispicuousness 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." 
3. 
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 was 
purchased must also be stated on the menu. 
4. Additional requirements for poultry producers selling to restaurants. In" 
addition to the labeling requirements under subsection 2, a poultry producer may not sell 
poultry products 10a restaurant under this section unless the poultry producer provides 
the purchaser with a statement alerting the purchaser to the requirements under subsection 
.1. 
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 is exempted from inspection under subsection 
I and that the menu of the restaurant must contain the information required under 
subsection 3. The poultry producer shall keep the signed statement on file while the 
poultlY 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. 
5. Enforcement. The commissioner shall enforce the provisions of this section. An 
employee 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 of this section as they apply"to restaurants under a memorandum of 
. agreement between the commissioner and the Commissioner of Health and Human 
Services. 
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6. 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 or section 2517-C 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. 
SUMMARY 
This bill allows a poultry producer to sell uninspected poultry at the producer's farm, 
at farmers' markets and to restaurants. It establishes labeling requirements and requires 
identification of uninspected products on restaurant menu,s. 
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