An Act To Help Small Farmers in Selling Raw Milk and Homemade Food Products
Maine Legislature, Session 126, LD 1282
Committee: Agriculture, Conservation and Forestry
Sponsors: SAVIELLO, KESCHL, HICKMAN
Amends: 7 MRSA §2901-A, 7 MRSA §2902-B, 7 MRSA §2910-C, 22 MRSA §2501, 22 MRSA §2503

Legislative Document 
No. 1282 
S.P. 444 
In Senate, April 2, 2013 
An Act To Help Small Farmers in Selling Raw Milk and Homemade 
Food Products 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Representative KESCHL of Belgrade and 
Representative: HICKMAN of Winthrop. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  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, milk and milk products, 
defined in accordance with standards then in effect that have been adopted by the United 
States Government and labeled in conformity with labeling requirements then in effect 
that have been adopted by the United States Government, are considered to conform 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 information to identify the milk plant where 
packaged and labeling required under section 2910-C must contain any additional 
information required by section 2910-C. 
Sec. 2.  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 or to raw milk 
under section 2910-C. 
Sec. 3.  7 MRSA §2910-C is enacted to read: 
§2910-C.  Raw milk 
1.  Definitions.  For purposes of this section, unless the context otherwise indicates, 
the following terms have the following meanings. 
A.  "Farmers' market" has the same meaning as in section 415, subsection 1, 
paragraph A. 
B.  "Raw milk" means milk that has not been pasteurized or homogenized. 
2.  Raw milk.  A person may sell raw milk or raw milk products without a license 
under section 2901-C or 2902-A or rules adopted under section 2910 as long as: 
A.  The person daily produces for sale less than 20 gallons of raw milk or processes 
for sale less than 20 gallons of raw milk into cheese aged less than 60 days, yogurt, 
cream, butter or kefir; 
B.  The raw milk or raw milk product is sold only directly from the person's own 
farm or farm stand or at a farmers' market within the State; 
C.  The raw milk or raw milk product is labeled pursuant to the provisions of 
subsection 3; and 
D.  The person places a clearly visible sign at the point of sale for the raw milk or raw 
milk product that contains the name, address and telephone number of the person's 
farm and the following statement: "Products from this farm made from raw milk are 
exempt from State of Maine licensing and inspection." 
3.  Labeling.  In addition to the provisions of section 2901-A, raw milk and raw milk 
products sold under subsection 2 must be clearly and individually labeled with the 
following information: 
A.  The name, address and telephone number of the raw milk producer's farm; 
B.  The name of the raw milk or raw milk product; and 
C.  The following statement: "This product is made from raw milk and is exempt 
from State of Maine licensing and inspection." 
4.  Exemption from licensing and inspection.  A person selling raw milk or raw 
milk products under subsection 2 is exempt from the licensing and inspection provisions 
of this chapter with respect to that raw milk or those raw milk products. 
5.  Adulterated or misbranded food.  A person selling raw milk or raw milk 
products under subsection 2 is subject to the provisions of Title 22, sections 2156, 2157 
and 2159. 
Sec. 4.  22 MRSA §2501, as amended by PL 2011, c. 193, Pt. B, §10, is further 
amended by adding at the end a new paragraph to read: 
A homestead food operation under section 2503 is exempt from licensing under 
section 2492 and any inspection requirements under this chapter. 
Sec. 5.  22 MRSA §2503 is enacted to read: 
§2503.  Homestead food operations 
1.  Definitions.  For purposes of this section, unless the context otherwise indicates, 
the following terms have the following meanings. 
A.  "Farmers' market" has the same meaning as in Title 7, section 415, subsection 1, 
paragraph A. 
B.  "Homestead food operation" means a person who: 
(1)  Produces homestead food products made only in the kitchen of the person's 
primary residence; 
(2)  Sells homestead food products only from the person's primary residence or 
farm stand or at a farmers' market within the State; and 
(3)  Sells no more than $10,000 annually of homestead food products. 
C.  "Homestead food product" means a food product that is sold by a homestead food 
operation.  "Homestead food product" does not include potentially hazardous food. 
D.  "Potentially hazardous food" means: 
(1)  Food requiring temperature control for safety because it is capable of 
supporting rapid growth of pathogenic or toxigenic microorganisms and the 
growth of toxin production of Clostridium botulinum; or 
(2)  Processed acidified or low-acid canned food. 
2.  Labeling.  A homestead food product or package of homestead food products 
must be individually labeled with the following information: 
A.  The name, address and telephone number of the relevant homestead food 
operation; 
B.  The name of the homestead food product; 
C.  The ingredients contained in the homestead food product in descending order of 
predominance by weight; 
D.  Allergy information; and 
E.  The following statement: "This product is exempt from State of Maine licensing 
and inspection." 
3.  Exemption from licensing and inspection.  A homestead food operation is 
exempt from the licensing and inspection provisions of this chapter, chapter 551 and Title 
7, chapter 101.  A person who sells over $10,000 of food products made only in the 
kitchen of the person's primary residence, sells such products in a location other than a 
location under subsection 1, paragraph B, subparagraph (2) or sells potentially hazardous 
food must be licensed under section 2492 or chapter 551 and may be subject to the 
provisions of Title 7, chapter 101. 
4.  Adulterated or misbranded food.  A homestead food operation is subject to the 
provisions of sections 2156, 2157 and 2159. 
5.  Rules.  The commissioner may adopt rules under section 2496 in collaboration 
with the Commissioner of Agriculture, Conservation and Forestry to carry out the 
purposes of this section. 
SUMMARY 
This bill exempts from state licensing and inspection requirements homestead food 
operations and raw milk producers who sell small quantities of certain food products or 
raw milk products made or produced at the person's residence or farm if the food products 
or raw milk products are sold directly from the person's home or farm or farm stand or at 
a farmers' market within the State.