An Act To Allow the Sale of Unregulated Fann-produced Dairy Products at the Site of Production
Maine Legislature, Session 126, LD 1786
Committee Amendment CA_A_H761 (House)
Amends: 7 MRSA §2900, 7 MRSA §2901-A, 7 MRSA §2901-C, 7 MRSA §2902-B

COMMITTEE AMENDMENT "A" to H.P. 1278, L.D. 1786, Bill, "An Act To 
Allow the Sale of Unregulated Fann-produced Dairy Products at the Site of Production" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Exempt Dairy Farms That Sell Certain Milk and Milk Products at the 
Site of Production from Licensing and Inspection' 
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-§ 14, as enacted by PL 1999, c. 679, Pt. A, § I, is 
amended to read: 
14. Not pasteurized or unpasteurized. "Not pasteurized" or "unpasteurized" means 
any milk or milk product that has not been subjected to the temperature and time 
requirements of pasteurization using equipment designed for pasteurization or has not 
been aseptically processed and packaged. 
Sec. 2. 7 MRSA §2901-A, as amended by PL 1999, c. 679, Pt. A, §3, is further 
amended to read: 
§2901-A. Standards and labeling 
Notwithstanding any other requirements of this chapter and except as provided by 
section 2902-B, milk and milk products, defined in accordance with standards then in 
effect that have been adopted by the United States Government and labeled in confonnity 
with labeling requirements then in effect that have been adopted by the United States 
Government, are considered to confonn with the definitions and labeling requirements set 
forth in this chapter; except that containers of milk and cream packaged in Maine must 
also bear the name and address of the Maine licensed milk distributor and sufficient 
infonnation to identify the milk plant where packaged. 
Sec. 3. 7 MRSA §2901-C, first ~, as enacted by PL 1999, c. 679, Pt. A, §5, is 
amended to read: 
COMMITTEE AMENDMENT 
COMMrITEE AMENDMENT "/} to H.P. <278, LD. t 786 
A person required to obtain a permit or license under this section, section 2902-A or 
rules adopted under section 2910 or pursllant to former section 2902 may not sell, 
transport or transfer milk or milk products prior to obtaining the appropriate license or 
permit. 
Sec. 4. 7 MRS A §2901-C, sub-§§6 and 7 are enacted to read: 
6. Exemption. A milk distributor who sells unpasteurized milk or an unpasteurized 
milk product is exempt from the licensing requirements under subsection 1 if the 
following conditions are met: 
A. The sale of the unpasteurized milk or unpasteurized milk product in its final form 
must be made directly to the end consumer on the premises of the dairy farm where 
the unpasteurized milk or unpasteurized milk product is produced, including a farm 
stand or eating establishment, as defined in Title 22, section 2491, subsection 7, 
located on property contiguous to the dairy fann; 
B. The milk distributor must allow each person who purchases unpasteurized milk or 
an unpasteurized milk product to visually inspect the dairy fann where the 
unpasteurized milk or unpasteurized milk product is produced. For purposes of this 
paragraph, the milk distributor may require a person who chooses to inspect the dairy 
fann to follow sanitary procedures determined by the milk distributor; 
C. The milk distributor may not promote the unpasteurized milk or unpasteurized 
milk product in any manner other than in person or a face-to-face exchange between 
the milk distributor and the end consumer; 
D. Prior to selling unpasteurized milk or unpasteurized milk products under this 
subsection, the milk distributor must complete a course in the sanitation of milk 
offered by the University of Maine Cooperative Extension. The milk distributor must 
successfully complete a course under this paragraph at least every 3 years; 
E. The milk distributor must sample source water and recirculating water on the 
dairy farm at least once a year, maintain records of all sampling results at the dairy 
farm and post the most recent sampling results in a conspicuous place in locations 
where sales may occur. This paragraph does not apply if the water source of the 
dairy farm is a public water system; and 
F. The unpasteurized milk or unpasteurized milk product must be sold in a package 
that: 
(1) Meets all labeling requirements under chapter 101, subchapter 5 and sections 
2902-B and 2910; 
(2) Has a label containing the name, address and phone number of the milk 
distributor; and 
(3). Has a label with the following statement: "This food has been produced by a 
milk distributor that is exempt from licensing and inspection by the State of 
Maine." 
7. Commissioner's authority to investigate foodborne illness. Notwithstanding 
subsection 6, when the commissioner is investigating an outbreak of foodbome illness 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A " 
to H.P. 1278, L. D. 1786 
and has reason to believe that unpasteurized milk or an unpasteurized milk product being 
sold under this section is adulterated as determined in Title 22, section 2156, the 
commissioner may inspect the dairy farm where the unpasteurized milk or unpasteurized 
milk product was produced and may detain, embargo or condemn the unpasteurized milk 
or unpasteurized milk product in accordance with Title 22, section 2159. 
Sec. 5. 7 MRSA §2902-B, sub-§3, as amended by PL 2005, c. 270, §3, is further 
amended to read: 
3. 
Exception. 
This section does not apply to cheese that has been aged at a 
temperature above 35 degrees Fahrenheit for at least 60 days prior to sale and is produced 
by a milk distributor who is licensed under section 2901-C, subsection 1. The licensing 
requirement under this subsection does not apply to an eating establishment as provided 
in section 2901-C, subsection 6, paragraph A. 
Sec. 6. 7 MRSA §2902-B, sub-§5, as reallocated by PL 2005, c. 683, Pt. A, § 12, 
is amended to read: 
5. 
Sale of heat-treated cheese at eating establishment. 
Notwithstanding 
subsection 2, heat-treated cheese may be offered for consumption at an eating 
establishment as defined in Title 22, section 2491, subsection 7 provided as long as the 
menu identifies items on the menu that contain or are made with heat-treated cheese and 
provides notice that heat-treated cheese is not pasteurized using the words "not 
pasteurized" on the menu, and the heat-treated cheese is produced by a milk distributor 
who is licensed under section 290I-C, subsection 1. The licensing requirement under this 
subsection does not apply to an eating establishment as provided in section 2901-C, 
subsection 6, paragraph A.' 
SUMMARY 
This amendment, which is the majority report, strikes and replaces the bill. The 
amendment provides that the term "unpasteurized" has the same meaning as "not 
pasteurized." Current law defines a "milk distributor" as any person who offers for sale 
or sells to another person any milk or milk products in their final form. The amendment 
provides that a milk distributor who sells unpasteurized milk or an unpasteurized milk 
product is exempt from licensing requirements if the following conditions are met. 
1. The sale of the unpasteurized milk or unpasteurized milk product in its final fonn 
is made directly to the end consumer on the premises of the dairy fann, including a fann 
stand or eating establishment located on property contiguous to the dairy fann. 
2. The milk distributor allows each person who purchases unpasteurized milk or 
unpasteurized milk product to visually inspect the dairy fann where the unpasteurized 
milk or an unpasteurized milk product is produced. The milk distributor may require a 
person who chooses to inspect the dairy farm to follow sanitary procedures detelmined by 
the milk distributor. 
3. The milk distributor does not promote the unpasteurized milk or unpasteurized 
milk product in any manner other than in person or a face-to-face exchange between the 
milk distributor and the end consumer. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1278, LD. 1786 
4. Prior to selling unpasteurized milk or an unpasteurized milk product, the milk 
distributor must complete a course on the sanitation of milk offered by the University of 
Maine Cooperative Extension. The milk distributor must complete this course at lcast 
every 3 years. 
5. The milk distributor must sample source water and recirculating water on the dairy 
farm at least once a year, maintain records of all sampling results at the dairy farm and 
post the most recent sampling result in a conspicuous place in locations where sales may 
occur. This requirement does not apply if the dairy farm's water is from a public source. 
6. The unpasteurized milk or unpasteurized milk product must be sold in a package 
that meets applicable labeling requirements in law and has a label containing the name, 
address and phone number of the milk distributor and the following statement: "This 
food has been produced by a milk distributor that is exempt from licensing and inspection 
by the State of Maine." 
The amendment also provides that the Commissioner of Agriculture, Conservation 
and Forestry may inspect a dairy fann when investigating an outbreak of foodborne 
illness. 
FISCAL NOTE REQUIRED, 
(See attached) , 
COMMITTEE AMENDMENT 
Approved: 03/19/14 
~ac.. 
LD 1786 
LR 2736(02) 
An Act To Allow the Sale of Unregulated Farm-produced Dairy Products at the Site of Production 
Fiscal Note for Bill as Amended by Committee Amendment ~{H ~ 'lIP!) 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Department of Agriculture, Conservation and Forestry to allow certain unpasteurized milk 
or unpasteurized milk product sellers to be exempted from certain license requirements and allowing the department 
to inspect farms and detain products when investigating foodbome illness outbreaks are expected to be minor and can 
be absorbed within existing budgeted resources. 
LR2736(02) - Fiscal Note - Page 1 of 1