An Act To Amend the Law Recognizing Local Control Regarding Food Systems and Require Compliance with Federal and State Food Safety Regulations
Maine Legislature, Session 128, LD 1648
Committee: Agriculture, Conservation and Forestry
Sponsors: JACKSON
Amends: 7-A MRSA §101, 7-A MRSA §201-A, 7-A MRSA §201-B

Legislative Document
No. 1648
S.P. 605
In Senate, October 16, 2017
An Act To Amend the Law Recognizing Local Control Regarding 
Food Systems and Require Compliance with Federal and State Food 
Safety Regulations
(EMERGENCY)
Received by the Secretary of the Senate on October 13, 2017.  Referred to the Committee 
on Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator JACKSON of Aroostook.  (GOVERNOR'S BILL)
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, in the First Regular Session of the 128th Legislature, the Legislature 
enacted "An Act To Recognize Local Control Regarding Food Systems," which the 
Governor, on June 16, 2017, signed and which became Public Law 2017, chapter 215, 
effective November 1, 2017; and
Whereas, under provisions of the Federal Meat Inspection Act and the Federal 
Poultry Products Inspection Act, the United States Department of Agriculture, Food 
Safety and Inspection Service has questioned the State's authority under Public Law 
2017, chapter 215 to enforce the requirements of the State's meat and poultry products 
inspection and licensing program set forth in the Maine Revised Statutes, Title 22, 
chapter 562-A in a manner that is at least equal to the standards imposed and enforced 
under the federal acts; and
Whereas, the Secretary of Agriculture of the United States has notified the 
Governor that, on or after November 1, 2017, Maine will become a so-called designated 
state for federal inspection of all the State's licensed or registered slaughtering and 
processing establishments, which would threaten the meat and poultry processing 
infrastructure of our State and potentially cause grave harm to the State's rural economies; 
and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA c. 8-F is enacted to read:
CHAPTER 8-F
MAINE FOOD SOVEREIGNTY ACT
§281.  Short title
This chapter may be known and cited as "the Maine Food Sovereignty Act."
§282.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Foodways.  "Foodways" means the cultural, social and economic practices related 
to the production and consumption of food, including, but not limited to, bean suppers, 
potlucks, barbecues and other community events.
2.  Local food system.  "Local food system" means a community food system within 
a municipality that integrates food production, processing, consumption, direct producer-
to-consumer exchanges and other traditional foodways to enhance the environmental, 
economic, social and nutritional health and well-being of the municipality and its 
residents.
§283.  Statement of policy; local control and rural economic development
It is the policy of this State to encourage food self-sufficiency for its citizens. The 
department shall support policies that:
1.  Local control.  Through local control, preserve the ability of communities to 
produce, process, sell, purchase and consume locally produced foods;
2.  Small-scale farming and food production.  Ensure the preservation of family 
farms and traditional foodways through small-scale farming and food production;
3.  Improved health and well-being.  Improve the health and well-being of citizens 
of this State by reducing hunger and increasing food security through improved access to 
wholesome, nutritious foods by supporting family farms and encouraging sustainable 
farming and fishing;
4.  Self-reliance and personal responsibility.  Promote self-reliance and personal 
responsibility by ensuring the ability of individuals, families and other entities to prepare, 
process, advertise and sell foods directly to customers intended solely for consumption by 
the customers or their families; and
5.  Rural economic development.  Enhance rural economic development and the 
environmental and social wealth of rural communities.
§284.  Home rule authority; local food and community self-governance
Pursuant to the home rule authority granted to municipalities by Title 30-A, section 
3001 and by the Constitution of Maine, Article VIII, Part Second, and notwithstanding 
any other provision of law to the contrary, a municipality may adopt ordinances regarding 
local food systems and community self-governance that set forth provisions that apply 
exclusively to direct producer-to-consumer food exchanges and other traditional 
foodways, and the State shall recognize such ordinances, except as provided in section 
285.
§285.  Departmental authority; livestock and poultry
In every political subdivision of the State, including a municipality that adopts or 
amends an ordinance pursuant to section 284, the department shall implement and 
enforce all provisions of Title 22, chapter 562-A and the rules adopted thereunder that are 
necessary to ensure that the requirements of the State's meat and poultry products 
inspection and licensing program are at least equal to the applicable requirements 
specified under applicable federal acts, as defined by the United States Department of 
Agriculture or other federal agencies, without exception.
§286.  Wholesale or retail distribution; compliance with food safety regulations
In every political subdivision of the State, including a municipality that adopts or 
amends an ordinance pursuant to section 284, an individual who grows, produces, 
processes or prepares food or food products intended for any wholesale distribution or 
retail distribution outside of that political subdivision shall grow, produce, process or 
prepare the food or food products in compliance with all applicable state and federal food 
safety laws, rules and regulations, without exception.
Sec. 2.  7-A MRSA §101, sub-§2-A, as enacted by PL 2013, c. 405, Pt. A, §7, is 
repealed.
Sec. 3.  7-A MRSA §101, sub-§2-B, as enacted by PL 2017, c. 215, §1, is 
repealed.
Sec. 4.  7-A MRSA §201-A, as enacted by PL 2013, c. 405, Pt. A, §8, is repealed.
Sec. 5.  7-A MRSA §201-B, as enacted by PL 2017, c. 215, §2, is repealed.
Sec. 6.  Effective date.  Those sections of this Act that repeal the Maine Revised 
Statutes, Title 7-A, section 101, subsection 2-B and Title 7-A, section 201-B take effect 
November 1, 2017.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved, except as otherwise indicated.
SUMMARY
This bill establishes that certain foods that are produced in municipalities with local 
food ordinances that are regulated under federal authority and jurisdiction must still 
comply with state and federal laws, rules and regulations and are subject to state licensing 
and inspection in order to comply with federal laws and regulations.