An Act To Allow the Sale of Unregulated Farm-produced Dairy Products at the Site of Production
Maine Legislature, Session 126, LD 1786
Committee: Agriculture, Conservation and Forestry
Sponsors: NOON, TUTTLE, BLACK, CRAY, DILL, MASTRACCIO, BOYLE, JACKSON, PATRICK, VITELLI
Amends: 7 MRSA §416, 22 MRSA §2176

Legislative Document 
No. 1786 
H.P. 1278 
House of Representatives, February 20, 2014 
An Act To Allow the Sale of Unregulated Farm-produced Dairy 
Products at the Site of Production 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative NOON of Sanford. 
Cosponsored by Senator TUTTLE of York and 
Representatives: BLACK of Wilton, CRAY of Palmyra, DILL of Old Town, MASTRACCIO 
of Sanford, Senators: BOYLE of Cumberland, JACKSON of Aroostook, PATRICK of Oxford, 
VITELLI of Sagadahoc. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §416 is enacted to read: 
§416.  Farm-produced dairy products 
1.  Definitions.  As used in this section, unless the context indicates otherwise, the 
following terms have the following meanings. 
A.  "Farm-produced dairy product" means a dairy product, including but not limited 
to yogurt, kefir and fluid milk, that is sold on the same farm on which the dairy 
product is produced. 
B.  "Farm-produced dairy product producer" means a person who produces farm-
produced dairy products. 
C.  "Informed end consumer" means, with regard to farm-produced dairy products, a 
person who: 
(1)  Purchases or consumes the farm-produced dairy product; 
(2)  Does not resell the farm-produced dairy product or process and sell food 
prepared with the farm-produced dairy product; and 
(3)  Has been informed that the farm-produced dairy product was not produced in 
a food establishment licensed under Title 22, chapter 551 and that the farm-
produced dairy product has not been inspected. 
2.  License not required for sale of farm-produced dairy products.  A farm-
produced dairy product producer is exempt from licensing requirements under Part 7, 
chapter 601 and Title 22, chapter 551 for sales of farm-produced dairy products when: 
A.  The sales and transfers of the farm-produced dairy product are made directly to an 
informed end consumer on the premises on which the farm-produced dairy product 
was produced; 
B.  The farm-produced dairy product producer allows each customer to visually 
inspect the farm where the farm-produced dairy product was produced.  A farm-
produced dairy product producer may require customers who choose to inspect the 
farm to follow sanitary procedures determined by the farm-produced dairy product 
producer; and 
C.  The farm-produced dairy product producer does not advertise the farm-produced 
dairy product in any manner other than in a face-to-face exchange between the farm-
produced dairy product producer and the customer. 
3.  Farm-produced dairy products and premises exempt from inspection.  Farm-
produced dairy products produced and sold in this State and the premises on which a 
farm-produced dairy product is produced are not subject to inspection by the department 
under section 446 or Part 7, chapter 601 or Title 22, section 2162 or 2164 when the 
transaction is between a farm-produced dairy product producer and an informed end 
consumer in accordance with subsection 2. 
4.  Labeling.  Farm-produced dairy products sold pursuant to this section must be 
sold in packages and with a label on each package containing the name, address and 
phone number of the farm-produced dairy product producer.  The farm-produced dairy 
product must also be clearly labeled with the following statement:  "This food has been 
produced at a facility that is exempt from licensing and inspection by the State of Maine."  
If the dairy product is made from unpasteurized milk, the label must also contain the 
words "not pasteurized." 
5.  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-produced dairy product 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. 2.  22 MRSA §2176 is enacted to read: 
§2176.  Application 
This subchapter does not apply to the sale of farm-produced dairy products to 
informed end consumers pursuant to Title 7, section 416. 
SUMMARY 
This bill facilitates direct sales of dairy products sold on the same farm on which the 
product is produced by exempting those sales from state licensing and inspection 
requirements if certain conditions are met.