An Act To Allow the Sale of Unregulated Farm-produced Dairy Products at the Site of Production
Maine Legislature, Session 127, LD 0312
Committee Amendment CA_A_H408 (House)
Amends: 7 MRSA §2900, 7 MRSA §2901-A, 7 MRSA §2901, 7 MRSA §2910-C

COMMITTEE AMENDMENT "A" to H.P. 206, L.D. 312, Bill, "An Act To Allow 
the Sale of Unregulated Farm-produced Dairy Products at the Site of Production" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Allow the Sale of Unregulated Farm-produced Milk or Milk ProdtJcts at 
the Site of Production' 
Amend the bill by striking out evelything after the enacting clal,lse and before the 
summary and inserting the following: 
'Sec. 1. 7 MRSA §2900, sub-§4, as enacted by PL 1999, c. 679, Pt. A, §1, is 
repealed. 
Sec. 2. 7 MRSA §2900, sub-§10-A is enacted to read: 
lO-A. Milk production facility. 
"Milk production facility" means anyplace or 
premises where one or more cows, goats or sheep are kept and from which milk or milk 
products are provided, sold or offered for sale. 
Sec. 3. 7 MRSA §2901-A, as amended by PL 1999, c. 362, §7 and 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 except that all sales of unpasteurized milk and unpasteurized milk products 
must comply with the labeling and notice requirements under section 2902-B. 
COMMITTEE AMENDMENT 
COlv[MITTEE AMENDMENT" f+ to H.P. 206, L.O. 312 
Sec. 4. 7 MRSA §2901.C, first ,1, as enacted by PL 1999, c. 679, Pt. A, §5, is 
amended to read: 
A person required to obtain a permit or license under this section, section 2902-A or 
rules adopted under section 2910 or pursuant to former section 2902 may not sell, 
transport or transfer milk or milk products prior to obtaining the appropriate license or 
permit. 
All off-farm sales and wholesale transactions of unpas~eurized milk or 
\ll1pasteurized milk products must comply with the licensing and penuit requirements of 
this chapter. 
Sec. 5. 7 MRS A §2901-C, sub-§6 is enacted to read: 
6. Exemption. A milk producer who sells unpasteurized l,nilk or ultpasteurized milk 
products is exempt from licensing under subsection 1 if the following conditions are met: 
A. 
The unpasteurized milk or unpasteurized milk product is sold from the milk 
producer's milk production facility or from a farm stand located on the milk 
woducer's .property contiguous to the milk producer's milk production facility; 
B. The unpasteurized milk or unpasteurized milk product is labeled Pllrsuant to the 
provisions of chapter 101, subchapter 5 and section 2902-B and to rules adopted 
under section 2910; 
C. 
The milk producer places a clearly visible sign at the point of sale for the 
unpasteurized milk or unpasteurized milk product that contains the name, address and 
telephone number of the milk production facility and. the following statement in 
letters that are at least one inch in height: "Milk and milk products sold on this faml 
are not pasteurized and are not licensed or inspected by the State of Maine"; 
D. The milk producer does not advertise the unpasteurized milk or unpasteurized 
milk product in any manner other than in a face-to-face exchange; 
E. The milk producer successfully completes a course in dairy sanitation offer.ed by 
the University of Maine Cooperative Extension and. displays a ce.rtificate of 
completion in a conspicuous place where sales 9ccur. The .milk producer shall 
cQmplete a course under this paragraph at least once every 3 years; and 
F .. 
Th~ mille producer samples wat~r at its squr(;e atld ~ircula,til~g. wat~r on the niilk 
prod~ction facility at least once a year, maintains records of all sampling restllts at the 
mil~ pro~uction fadlitt.. and posts the m()st recent s~mp1ing resl,llts in a conspicuous 
p'l~ce where sales occur. 
Sec. 6. 7 MRS A §2902-B, sub-§5, as reallocated by PL 2005, c. 683, Pt. A, §12, 
is amended to read: 
S. 
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 if 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 in a facility that is 
licensed or permitted under section 2901-C. 
Sec. 7. 7 MRSA §2910-C is enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "Iq " 
to H.P, 206, L.D, 312 
§2910-C., Commissioner's aut,hority in the sale of u~licen,se~_mill~ ormW( pl;oducts 
When the commissioner is investigating an outbreak of a foodbome illness and has 
reason t9believe' thato~tbreak is reiated t~ unpasteuri:z:~d;"nilk or anunRast~urized ;'~ilk 
product exempted from licensing under section 2901-C, subsection 6, the commissioner 
n1ayqel~ter at re~~onable times ~ milk P-foduction facilitx t1~~t is producing ~,nl?astelJrized 
milk or an unpasteurized milk product exempted under section 2901-C, subsection 6 for 
the-purpos~s of inspecting and collecting samples of the ex~mpted unpast~udzed 1~1ilk or 
unpasteurized milk product and may detain, embargo or condemn that milk or milk 
product in accordance with Title 22, section 2159. 
Sec. 8. Maine Revised Statutes amended; revision clause. 
Wherever in the 
Maine Revised Statutes, Title 7, chapter 601 the words "dairy" or "<;Iairy farm" appear or 
reference is made to thOSe words, those words are amended to read or mean, as 
appropriate, "milk production facility," and the Revisor of Statutes shall implement this 
revision when updating, publishing or republishing the statutes.' 
SUMMARY 
This amendment, which is the minority report, replaces the bill. It establishes a 
framework within the Maine Revised Statutes for the direct sale of unpasteurized milk 
and unpasteurized milk products at the milk prodl,lction facility at which the product is 
produced by exempting those sales from state lic;ensing and inspection req\lirements if 
certain conditions are met. 
.. 
" 
Specifically, this amendment: 
1. Establishes conditions that must be met before gaining an exemption; 
2. Establishes labeling requirements for llnpasteurized milk and unpasteurized mille 
products; 
3, Reaffirms that all off-farm sales and wholesale transactions for unpasteurized milk 
and unpasteurized milk products are required to comply with the licensing and penuit 
requirements; 
4. Establishes that heat-treated cheese must be produced in a licensed and inspected 
facility; and 
5. 
Qefines the term "milk production facility" and replaces the terms "dairy" or 
"dajry farm" with "milk production facility" in the relevant chapter oflaw. 
FISCAL NOTE REQUI~D 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06/05/15 
;:)~ac 
127th MAINE LEGISIJATURE 
LD312 
LR 1372(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 'ff CJf -10g \ 
Committee: Agriculture, Conservation and Forestry 
~ 
Net Cost (Savings) 
General Fund 
Revenue 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY2015-16 
FY 2016-17 
$1,875 
$2,500 
($1,875) 
($2,500) 
Projections 
FY2017-18 
$2,500 
($2,500) 
Projections 
FY2018-19 
$2,500 
($2,500) 
The bill allows milk producers selling not pasteurized milk or mille products to be exempt from licensing if the sale is 
conducted in a celiain mamler, the producer completes a course in dairy sanitation and the producer samples their 
source water. There will.be an estimated General Fund revenue reduction of $1,875 in fiscal year 2015-16 and of 
$2,500 annually in subsequent fiscal years from fewer sales of milk distributor licenses. The Depmiment of 
Agriculture, Conservation and Forestry has indicated that a Consumer Protection Inspector position is necessary for 
the enhanced inspection process required by the exemption criteria. As no funding or position is provided in the bill, 
any impact on other services or programs cannot be determined at this time. 
LR1372(02) - Fiscal Note - Page 1 of 1