An Act To Exempt Farm Food Products and Homemade Food Offered for Sale or for Consumption at Certain Events from Certain Licensing Requirements
Maine Legislature, Session 125, LD 0330
Committee: Agriculture, Conservation and Forestry
Sponsors: KUMIEGA, BLACK, FOSTER, GIFFORD, O'BRIEN, PILON, TIMBERLAKE
Amends: 7 MRSA §411, 7 MRSA §416, 22 MRSA §2152, 22 MRSA §2152-A

Legislative Document 
No. 330 
H.P. 263 
House of Representatives, February 7, 2011 
An Act To Exempt Farm Food Products and Homemade Food 
Offered for Sale or for Consumption at Certain Events from Certain 
Licensing Requirements 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative KUMIEGA of Deer Isle. 
Cosponsored by Representatives: BLACK of Wilton, FOSTER of Augusta, GIFFORD of 
Lincoln, McCABE of Skowhegan, O'BRIEN of Lincolnville, PILON of Saco, TIMBERLAKE 
of Turner. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §411, sub-§3 is enacted to read: 
3.  Agricultural  producer.  "Agricultural producer" means a person who harvests or 
produces a farm food product. 
Sec. 2.  7 MRSA §411, sub-§4 is enacted to read: 
4.  Agritourism.  "Agritourism" means an activity or demonstration offered to 
persons visiting a farm.  "Agritourism" includes, but is not limited to, participating in the 
harvesting of fruits and vegetables or the production of maple syrup, riding horses, 
learning about animal husbandry and fiber production and shopping in farm gift shops 
and at farm stands for local and regional farm and food products or handcrafted gifts. 
Sec. 3.  7 MRSA §411, sub-§5 is enacted to read: 
5.  Farmers' market.  "Farmers' market" has the same meaning as in section 415, 
subsection 1, paragraph A. 
Sec. 4.  7 MRSA §411, sub-§6 is enacted to read: 
6.  Farm food product.  "Farm food product" means any food product of the soil or 
water, including, but not limited to, fruits, vegetables, eggs, dairy products, meat and 
meat products, poultry and poultry products, fish and fish products, grain and grain 
products, honey, nuts, maple products, apple cider and fruit juice. 
Sec. 5.  7 MRSA §411, sub-§7 is enacted to read: 
7.  Home kitchen producer.  "Home kitchen producer" means a person who 
prepares food in a private home kitchen that is not licensed as a food establishment under 
Title 22, chapter 551 when that food is sold, offered for sale or offered for consumption 
outside the home. 
Sec. 6.  7 MRSA §411, sub-§8 is enacted to read: 
8.  Homemade food.  "Homemade food" means food that is prepared in a private 
home kitchen that is not licensed as a food establishment under Title 22, chapter 551. 
Sec. 7.  7 MRSA §411, sub-§9 is enacted to read: 
9.  Informed end-consumer.  "Informed end-consumer" means, with regard to a 
farm food product or homemade food, a person who: 
A.  Purchases or consumes the farm food product or homemade food; 
B.  Does not resell the farm food product or homemade food or process and sell food 
prepared with the farm food product or homemade food; and 
C.  Has been informed that the agricultural producer or home kitchen producer is not 
licensed under Title 22, chapter 551 and the farm food product or homemade food is 
not inspected. 
Sec. 8.  7 MRSA §411, sub-§10 is enacted to read: 
10.  Traditional community social event.  "Traditional community social event" 
means an event where people gather as part of a community for the benefit of those 
gathering or for the benefit of the community, including but not limited to a: 
A.  Wedding; 
B.  Funeral; 
C.  Church or religious social; 
D.  School event; 
E.  Potluck; 
F.  Neighborhood gathering; 
G.  Ladies' or gentlemen's club meeting or social; or 
H.  Youth club meeting or social. 
Sec. 9.  7 MRSA §416 is enacted to read: 
§416.  Purchasing food from known sources 
1.  License not required for sale of farm food products.  An agricultural producer 
is exempt from licensing requirements under Title 22, chapter 551 for sales of farm food 
products when the sales: 
A.  Are made directly to an informed end-consumer; and 
B.  Occur at a farmers' market, on the farm where the farm food product originated or 
at the home of the informed end-consumer. 
2.  License not required for sale or offering of homemade food.  A home kitchen 
producer is exempt from licensing requirements under Title 22, chapter 551 for sales or 
offering of homemade food: 
A.  Directly to an informed end-consumer; and 
B.  Occurring at a farmers' market, at the home of the home kitchen producer or at a 
traditional community social event. 
3.  Food exempt from inspection.  Farm food products and homemade food 
produced and sold in this State or prepared and served in this State are not subject to 
inspection by the department under section 446 or Title 22, section 2162 or 2164 when: 
A.  The transaction is between an agricultural producer or a home kitchen producer 
and an informed end-consumer; or 
B.  The farm food product or homemade food is sold or served at a traditional 
community social event or an agritourism event. 
4.  Commissioner's authority.  Notwithstanding subsection 3, when the 
commissioner is investigating an outbreak of a foodborne illness and has reason to 
believe that a farm food product or homemade food is adulterated pursuant to Title 22, 
section 2156, subsection 1, the commissioner shall inspect and may detain, embargo or 
condemn those products in accordance with Title 22, section 2159. 
Sec. 10.  22 MRSA §2152, sub-§8 is repealed. 
Sec. 11.  22 MRSA §2152-A is enacted to read: 
§2152-A.  Application 
Except as provided in Title 7, section 416, subsection 4, this subchapter does not 
apply to the sale of farm food products and homemade food to informed end-consumers 
as those terms are defined in Title 7, section 411. 
SUMMARY 
This bill facilitates direct sales between Maine farmers and consumers.   It allows 
people preparing food in their own homes to sell directly to consumers or to offer 
homemade food at certain events without being licensed as food establishments.