An Act To Promote Small-scale Poultry Farming
Maine Legislature, Session 126, LD 0218
Committee Amendment CA_A_H476 (House)
Amends: 22 MRSA §2511, 22 MRSA §2514, 22 MRSA §2517-C, 22 MRSA §2518

COMMITTEE AMENDMENT "A" to H.P. 179, L.D. 218, Bill, "An Act To 
Promote Small-scale Poultry Farming" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRS A §2511, sub-§41-A is enacted to read: 
41-A. 
Registered establishment. 
"Registered establishment" means a person 
registered under section 2515. 
Sec. 2. 22 MRSA §2511, sub-§45-A is enacted to read: 
45-A. Small enterprise. "Small enterprise" means a person licensed under section 
2514 that processes 20,000 b:lrds or fewer in a calendar year and that elects to operate 
under an exemption pursuant to section 2517 -C, subsection I-B. 
Sec. 3. 22 MRSA §2514, sub-§l, ~G-l is enacted to read: 
G-l. Mobile poultry processing unit operators; 
Sec. 4. 22 MRS A §2515 is enacted to read: 
§2515. Registration 
1. Registration permittc~d. A person that is not licensed under section 2514 may 
engage in intrastate commefCI~ in the business of buying, selling, preparing, processing, 
packing, storing, transporting or otherwise handling meat, meat food products or poultry 
products, if that person is registered under this section, and that person is a: 
A. Custom slaughterer, except that an itinerant custom slaughterer that slaughters 
solely at a customer's home or farm and that does not own, operate or work at a 
slaughtering plant is exempt from the registration provisions of this section; 
B. Custom processor; or 
C. Producer that processes fewer than 1,000 birds annually under section 2517 -C. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A .. to H.P. 179, L.D. 218 
The commissioner may by rule establish additional categories of registrants. 
Sec. 5. 22 MRSA §2517-C, as enacted by PL 2009, c. 354, §3, is amended to 
read: 
§2517-C. Slaughter and inspection; producer exemptions for poultry 
1. Exemption for processing fewer than 1,000 birds annually. Notwithstanding 
section 2512 and whether or not the poultry are intended for human consumption, 
inspection is not required for the slaughter of poultry or the preparation of poultry 
products as long as the poultry are slaughtered or the poultry products are prepared on the 
farm where the poultry were 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 pfoeuoef Has a valid lioease issued uadef seotioa 2514; 
D-l. The poultry producer is registered under section 2515; 
E. 
The faoilities fuf siaughtefiag aad pfocessiag are ia compliaaoe with rnles 
adopted uadef subseotioa 4; 
F. The poultry producer assigns a lot number to all birds sold and maintains a record 
of assigned lot numbers and the point of sale; aad 
G. The poultry are sold in accordance with the restrictions in subsection 27~ 
H. The poultry are sold at the farm on which the poultry were raised or delivered to a 
consumer's home by the poultry producer; and 
I. The poultry products are labeled with: 
(1) The name of the farm, the name of the poultry producer and the address of 
the farm including the zip code; 
(2) The statement "Exempt under the Maine Revised Statutes, Title 22, section 
2517 -C NOT INSPECTED"; and 
(3) 
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 0 Fahrenheit 
maintained for at least 15 seconds. Keep hot foods hot. Refrigerate leftovers 
immediately or discard. " 
1-A. Exemption for processing fewer than 20,000 birds annually. A poultry 
producer may slaughter and process that producer's own poultry without an inspector 
being present during processing if all the following criteria are met; a producer that does 
not meet these criteria does not qualify for this exemption and shall seek state or United 
States Department of Agriculture inspection of poultry products intended to be sold: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 179, L.D. 218 
A. The producer is licensed as a commercial processor pursuant to section 2514; 
B. The producer's facilities conform to the rules of the department governing food 
processing and manufacturing, including a: 
(1) Separate area for slaughter, bleeding and defeathering; 
(2) Separate area for evisceration and cooling; and 
(3) Water supply that is tested twice annually for nitrates, nitrites and coliforms; 
C. The producer raises, slaughters and processes, on that producer's premises, no 
more than 20,000 pou1tn' in a calendar year. The producer must declare to the 
Department of Agriculture, Conservation and Forestry that it is exempt under this 
subsection at the beginning of each calendar year. Records must demonstrate 
numbers of birds raised. A producer that does not maintain accurate records does not 
qualify for the exemption lmder this subsection; 
D. The producer's facilitv is not used to slaughter or process poultry by any other 
person or business withom prior approval from the commissioner in accordance with 
the requirements of the federal Food Safety and Inspection Service Administrator; 
E. The producer does not purchase birds for resale that have been processed under 
any exemption under this section; 
F. Poultry are healthy wh(:n slaughtered; 
G. Slaughter and processing are conducted using sanitary standards, practices and 
procedures to produce poultry products that are not adulterated; 
H. The producer does not engage in Internet or interstate sales; 
I. The shipping containers of the poultry bear the following labeling: 
(1) Producer's name, address and zip code; 
(2) Common name of product or list of ingredients; 
(3) Weight of product in shipping container or immediate container; 
(4) Lot number, which must consist of a coded number in some combination of 
the number of the day of the year on which the poultry was slaughtered; 
(5) The statement "Exempt P.L. 90-492"; and 
(6) 
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 cmting boards, utensils and hands, after touching raw poultry. 
Cook thoroughly to an internal temperature of at least 165 0 Fahrenheit 
maintained for at least 15 seconds. Keep hot foods hot. Refrigerate leftovers 
immediately or discard." 
The producer may further process poultry carcasses into parts and other products. The 
producer may sell retail poultry products to the household consumer and may sell 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A, to H.P. 179, L.D. 218 
wholesale poultry products to retail stores, hotels, restaurants and institutions, with the 
appropriate licenses. 
I-B. Small enterprise exemption. A small enterprise may slaughter, dress and cut 
up poultry without an inspector being present during processing if all the following 
criteria are met; a small enterprise that does not meet these criteria does not qualify for 
the exemption and shall seek state or United States Department of Agriculture inspection 
of poultry products intended to be sold. 
A. The small enterprise is licensed as a commercial processor pursuant to section 
2514; 
B. The small enterprise's facilities conform to the rules of the department governing 
food processing and manufacturing, including a: 
(1) Separate area for slaughter, bleeding and defeathering; 
(2) Separate area for evisceration and cooling; and 
(3) Water supply that is tested twice annually for nitrates, nitrites and coliforms; 
C. 
The small enterprise raises, slaughters and dresses poultry, or purchases live 
poultry to slaughter and dress, or purchases dressed poultry, in a combination of no 
more than 20,000 birds in a calendar year. The small enterprise must declare to the 
Department of Agriculture, Conservation and Forestry that it is exempt under this 
subsection at the beginning of each calendar year. Records must show numbers of 
birds raised, purchased or purchased as dressed. A small enterprise that does not 
maintain accurate records does not qualify for the exemption under this subsection; 
D. The small enterprise's further processing is limited to whole and cut up poultry 
only; 
E. The facility is not used to slaughter or process poultry by any other person or 
business without prior approval from the commissioner in accordance with the 
requirements of the federal Food Safety and Inspection Service Administrator; 
F. Slaughter and processing are conducted using sanitary standards, practices and 
procedures to produce poultry products that are not adulterated; 
G. Poultry are healthy when slaughtered; 
H. The small enterprise does not engage in Internet or interstate sales; 
1. The small enterprise does not cut up and distribute poultry products to a business 
operating under any exemption under this section; 
J. The shipping or immediate containers of the poultry bear the following labeling: 
(1) Business name, address and zip code; 
(2) Common name of product; 
(3) Weight of product in shipping container or immediate container; 
(4) Lot number, which must consist of a coded number in some combination of 
the number of the day of the year on which the poultry was slaughtered; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 179, L.D. 218 
(5) The statement "Processed by a Licensed Commercial Food Processor/Small 
Enterprise Exempt from State or United States Department of Agriculture 
continuous bird-by-bird inspection"; and 
(6) 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 culting boards, utensils and hands, after touching raw poultry. 
Cook thoroughly to an internal temperature of at least 165
Fahrenheit 
maintained for at least 15 seconds. Keep hot foods hot. Refrigerate leftovers 
immediately or discard." 
The small enterprise may sell poultry products wholesale to hotels, restaurants and 
institutions, prepackaged products to retail stores and retail products to household 
consumers, with the appropriate licenses. 
2. Restrictions on point ()f sale. Pm:dtry Except as provided in subsections I-A and 
I-B, poultry products sold under this section may only be sold by the poultry producer 
and in the following locations or manner: 
A. At the farm on which the poultry were raised; 
B. At a farmers' market a~, defined in Title 7, section 415; 
C. Delivered to a consum~r's home by the poultry producer whose name and address 
appear on the label under subsection 1 or whose name and license number appear on 
the label under subsection J I-A or I-B; or 
D. Received by a person who is a member of a community supported agriculture 
farm that has a direct marketing relationship with the poultry producer. 
For the 
purposes of this section, "community supported agriculture" means an arrangement 
whereby individual consumers have agreements with a farmer to be provided with 
food or other agricultural products produced on that farm. 
3. Labeling FequiFements reF sales at faFmeFs' maFl(ets. A poultry produeer may 
not sell poultry pro6uets that hav:e not been inspeeted at a farmers' market pursuant to 
subseetions 1 and 2 unless the poultry pro duets are labeled 'lAth: 
A. The name of the ¥ann, the name of the poultry pro6ueer and the address of the 
farm ineludint! the zia eode;-
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The number of the lleense issued to the poultry pro6ueer in aeeordanee with 
seetion 2514 and the lot :aumber for the poultry produets pursuant to subseetion 1, 
paragraph F; 
C. The statement "Exem]:t under the Maine Revised Statutes, Title 22, seetion 2517 
C }lOT ll'lSPECTED." The statement must be prominently displayed with sueh 
eonspieuousness that it is l.ikely to be read and understood; and 
D. 
Safe handling and eooking instruetions as follov/s: "SAFE HANDLING 
INSTRUCTIUNS: Keep refrigerated or frozen. Tha'>'+' in refrigerator or mlero'tYave. 
Keep raw poultry separate from other foods. Wash working surfaees, ineluding 
euttint! boards, utensils and hands, after touehint! ra'll poultry. Cook thorout!hlv to an 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT·A "to H.P. 179, L.D. 218 
internal temperamre of at least 165 degrees Fahrenheit maintained for at least 15 
seconds. Keep Aot foods Aot. Refrigerate leftovers immediately or discard. II 
4. 
Rules. The commissioner shall adopt rules to establish requirements for the 
physical facilities and sanitary processes used by poultry producers whose products are 
exempt from inspection under this section. Rules adopted under this subsection are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
5. Enforcement. The commissioner shall enforce the provisions of this section. 
6. Violation; penalty. A person who violates this section is subject to penalties 
under section 2524. 
Sec. 6. 22 MRSA §2518, as amended by PL 2009, c. 354, §4, is further amended 
to read: 
§2518. Periodic review of noninspected licensed and registered establishments 
1. 
Review by inspector. The commissioner may cause establishments that are 
required to be licensed under section 2514 or registered under section 2515 but are 
exempt from inspection under section 2512, subsection 2, paragraph K 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. The commissioner shall cause establishments that are required to be licensed 
under section 2514 or registered under section 2515 but are exempt from inspection under 
section 2517 -C to be reviewed annually 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. 
2. Review of certain slaughter or preparation establishments. Inspection may 
not be provided under this chapter at any establishment for the slaughter of livestock or 
poultry or the preparation of any livestock products or poultry products that are not 
intended for use as human food, but these products must, prior to their offer for sale or 
transportation in intrastate commerce, unless naturally inedible by humans, be denatured 
or otherwise identified, as prescribed by rules of the commissioner, to deter their use for 
human food. These licensed or registered establishments are subject to periodic review. 
3. 
Subject to review. 
A periodic review under this section must include an 
examination of: 
A. The licensed or registered establishment's sanitation practices; 
B. Sanitation in the areas where meat and poultry products are prepared, stored and 
displayed; 
C. The adequacy of a refrigeration system used for meat food products and poultry 
products; 
D. Labeling; and 
E. Meat food products or poultry products for wholesomeness or adulteration. 
In addition, the inspector conducting the periodic review may conduct any other 
examination necessary to ensure compliance with this chapter and the rules adopted 
pursuant to this chapter. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A "to H.P. 179, L.D. 218 
4. 
Access. 
For purposes of a periodic review of a licensed or registered 
establishment, inspectors have access during normal business hours to every part of a 
licensed or registered establishment required to have inspection under this chapter, 
whether the licensed or registered establishment is operated or not.' 
SUMMARY 
This amendment strikes and replaces the bill. It creates a registration category for 
poultry producers that are exempt from inspection under the Maine Revised Statutes, 
Title 22, section 2512. The registration category is an alternative to licensing under Title 
22, section 2514 and is available to custom slaughterers, custom processors and producers 
that process fewer than 1,000 birds annually. The amendment also allows a poultry 
producer that processes fewer than 20,000 birds annually to slaughter that producer's own 
poultry without an inspector being present during slaughtering as long as the producer 
meets certain criteria related to licensing, state food processing rules, sanitary standards, 
sales and labeling. The amendment also creates a small enterprise exemption that allows 
a business to slaughter, dress and cut up poultry without an inspector being present during 
processing if that business meets certain criteria related to licensing, state food processing 
rules, sanitary standards, sales and labeling. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 06/10/13 
~ac:. 
LD218 
LR 737(02) 
An Act To Promote Small-scale Poultry Farming 
Fiscal Note for Bill as Amended by Committee Amendment~' (1-1-4-7l> 
Committee: Agriculture, Conservation and Forestry 
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Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
Potential current biennium revenue decrease - Federal Expenditures Fund 
This legislation removes the requirement for producers processing fewer than 1,000 birds annually to be in 
compliance with rules adopted by the Department of Agriculture, Conservation and Forestry. The Department of 
Agriculture, Conservation and Forestry's meat inspection program follows federal guidelines that allow the state to 
receive up to 50% of the cost of the program in federal grant money. It is likely that the federal government would 
determine this legislation is not within federal guidelines, meaning the State could lose all or a portion of the federal 
funding received for the meat inspection program. For the federal fiscal year ended 9-30-12, the State received 
approximately $270,000 in federal funding for this program. However, it is unlikely that the federal government 
would withhold funding for this program without first giving the department a listing of corrective action needed to be 
taken with a timeline for completion. 
LR0737(02) - Fiscal Note - Page 1 of 1