An Act Regarding the Sale of Raw Milk
Maine Legislature, Session 125, LD 0366
Committee Amendment CA_A_H194 (House)
Amends: 7 MRSA §2900, 7 MRSA §2901-D, 7 MRSA §2902-B

COMMITTEE AMENDMENT ,A" to H.P. 292, L.D. 366, Bill, "An Act 
Regarding the Sale of Raw Milk" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 7 MRSA §2900, sub-§8, as enacted by PL 1999, c. 679, Pt. A, §1, is 
amended to read: 
8. Milk distributor. "Milk distributor" means any person who offers for sale or 
sells to another person any milk or milk products in their final form, except that "milk 
distributor" does not include a milk producer who sells milk only to end use consumers in 
accordance with section 290 I-D. 
Sec. 2. 7 MRSA §2901-D is enacted to read: 
§2901-D. Direct sales from milk producers to consumers 
1. License not required. A milk producer is not required to be licensed under this 
chapter if the producer sells only milk from that producer's dairy farm and the milk: 
A. Is sold directly to an end use consumer; 
B. Is sold on the dairy farm directly to a consumer by the milk producer; and 
C. Is sold in a container carrying a label that clearly states "produced and packaged 
on a farm that is not licensed or inspected. " 
2. Unpasteurized milk. In addition to the labeling requirement in subsection I, 
paragraph C, an unlicensed milk producer selling milk under this section may not sell 
unpasteurized milk unless the label on that product contains the words "not pasteurized" 
and a clearly legible sign is posted on the refrigerator containing the milk or at the point 
of sale that reads: "Warning: This product has not been pasteurized and may contain 
harmful bacteria. 
Pregnant women, children, the elderly and persons with lowered 
resistance to disease have the highest risk of harm from use of this product." 
Page I - 125LR0518(02)-1 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 292, L.D. 366 
Sec. 3. 7 MRSA §2902-B, sub-§l, as amended by PL 2005, c. 270, §3, is further 
amended to read: 
1. 
Sale of unpasteurized milk or milk product. 
A person may not sell 
unpasteurized milk or a product made from unpasteurized milk, including heat-treated 
cheese, unless the label on that product contains the words "not pasteurized." A milk 
producer that is not licensed under this chapter shall also comply with section 2901-0. 
Sec. 4. 7 MRS A §2955, first ~, as amended by PL 1975, c. 517, §4, is further 
amended to read: 
Ne A dealer -shall may not buy milk from producers or others for sale or shall 
process, distribute, sell or offer to sell milk in any market in the State designated by the 
commission unless duly licensed by the commission. 
Ne A license shall be is not 
required of any person who produces ef and sells milk for consumption only on the 
premises of the producer ef and seller. Each person, before engaging in the business of a 
dealer in any market designated by the commission, shall make application to the 
commission for a license, which the commission is authorized to grant. Ne A retailer 
shall may not sell or offer to sell mH-k in any market in the State \vhich he milk that the 
retailer has purchased in Maine from an unlicensed dealer.' 
SUMMARY 
This amendment is the minority report of the Joint Standing Committee on 
Agriculture, Conservation and Forestry. 
It establishes criteria for exempting a milk 
producer from licensing requirements under the Maine Revised Statutes, Title 7, chapter 
601. It restricts sales to direct sales to end use consumers on the dairy farm premises and 
requires the milk container to state that the farm is not inspected or licensed. It also 
requires a warning to be displayed on the premises when an unlicensed producer is selling 
unpasteurized milk. 
It clarifies the existing exemption from licensing under Title 7, 
chapter 603. 
It removes the definition of "premises" in the bill that included motor 
vehicles and portable farm stands. 
FISCAL .\"OTE REQLlRED 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
General Fund 
Revenue 
General Fund 
Fiscal Detail and Notes 
Approved: 05/03111 hac.. 
LD366 
LR 518(02) 
An Act Regarding the Sale of Raw Milk 
Fiscal Note for Bill as Amended by Committee Amendment ,~" 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
$775 
($775) 
FY 2012-13 
$1,050 
($1,050) 
Projections 
FY 2013-14 
$1,050 
($1,050) 
Projections 
FY 2014-15 
$1,050 
($1,050) 
Allowing a person who produces and sells milk only on the premises of the producer and seller to do so without a 
license will result in a reduction to General Fund revenue of $775 in fiscal year 2011-12 and $1,050 in fiscal year 
2012-13, based on 42 licenses @ $25 each. 
LR0518(02) - Fiscal Note - Page I of 1