An Act To Deregulate the In-state Extraction and Sale of Raw Honey
Maine Legislature, Session 128, LD 1167
Committee: Agriculture, Conservation and Forestry
Sponsors: VOLK, HICKMAN, DAVIS, LANGLEY, DUNPHY, TERRY, WARD
Amends: 22 MRSA §2152, 22 MRSA §2162, 22 MRSA §2164

Legislative Document
No. 1167
S.P. 388
In Senate, March 23, 2017
An Act To Deregulate the In-state Extraction and Sale of Raw 
Honey
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator VOLK of Cumberland.
Cosponsored by Representative HICKMAN of Winthrop and
Senators: DAVIS of Piscataquis, LANGLEY of Hancock, Representatives: DUNPHY of Old 
Town, McLEAN of Gorham, TERRY of Gorham, WARD of Dedham.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2152, sub-§4-A, ¶F, as amended by PL 2011, c. 407, Pt. A, 
§2, is further amended to read: 
F.  Establishments that are engaged in the drying of single herbs that are generally 
recognized as safe under 21 Code of Federal Regulations, Sections 182 to 189.  The 
single herbs may be packaged for sale, provided that as long as the packaging is not 
by a vacuum packaging process or a modified atmosphere packaging process; and 
Sec. 2.  22 MRSA §2152, sub-§4-A, ¶G, as enacted by PL 2011, c. 407, Pt. A, 
§2, is amended to read: 
G.  A primary caregiver, as defined in section 2422, subsection 8-A, conducting an 
activity allowed in section 2423-A for a qualifying patient who is a member of the 
family, as defined in section 2422, subsection 5-A, or member of the household, as 
defined in section 2422, subsection 5-B, of the primary caregiver.; and 
Sec. 3.  22 MRSA §2152, sub-§4-A, ¶H is enacted to read: 
H.  Establishments that are engaged solely in the production, extraction, packaging or 
in-state sale of raw honey if the raw honey is sold in a container that is clearly labeled 
with the following statement: "Raw honey is not produced under license or inspected 
by the State of Maine and is not intended for sale outside of the State." 
Sec. 4.  22 MRSA §2152, sub-§9 is enacted to read: 
9.  Raw honey.  "Raw honey" means honey as it exists in the beehive or as obtained 
by extraction, settling or straining and that has not been heat treated. 
Sec. 5.  22 MRSA §2162, as amended by PL 1985, c. 785, Pt. B, §88 and PL 1999, 
c. 547, Pt. B, §78 and affected by §80 and amended by PL 2011, c. 657, Pt. W, §6, is 
further amended to read: 
§2162.  Packing of food; permit; inspection 
The Commissioner of Agriculture, Conservation and Forestry shall, upon application 
for permit and receipt of such fee as he deems the commissioner considers necessary 
from any food packer or processor, inspect all operations of said that packer or processor 
for compliance with this subchapter and shall cause the same law to be diligently 
enforced enforce this section. Each such permit shall must cover one group of buildings 
constituting a packing plant in one location. 
Only the holder of such a permit under this section may mark or label any food so 
inspected as packed or processed or inspected and passed under this subchapter.  
The permit and inspection requirements of this section do not apply to a facility if the 
only food packaged or processed at that facility is raw honey intended for in-state sale as 
long as the raw honey is sold in a container that is clearly labeled with the following 
statement: "Raw honey is not produced under license or inspected by the State of Maine 
and is not intended for sale outside of the State." 
Said The commissioner may, in a manner consistent with the Maine Administrative 
Procedure Act as to adjudicatory proceedings, refuse to renew, and the District Court, in a 
manner consistent with the Maine Administrative Procedure Act, may revoke and any 
permit whenever there is a lack of compliance with this subchapter. He shall establish 
such rules and regulations as he deems necessary. He shall make such charges as will be 
reasonable and as nearly as may be to cover the cost of the service rendered.  The 
commissioner may adopt rules necessary to implement this section. All such fees and all 
such money thus collected for services rendered by the commissioner shall under this 
section must be paid by him the commissioner to the Treasurer of State. Said These fees 
and money are appropriated for the purposes of this section. 
The commissioner may employ such agents and assistants, subject to the Civil 
Service Law, and make such purchases as may be necessary in the performance of his the 
commissioner's duties. 
Sec. 6.  22 MRSA §2164, sub-§4 is enacted to read: 
4.  Exemption.  This section does not apply to a facility if the only food packaged or 
processed at that facility is raw honey intended for in-state sale as long as the raw honey 
is sold in a container that is clearly labeled with the following statement: "Raw honey is 
not produced under license or inspected by the State of Maine and is not intended for sale 
outside of the State." 
SUMMARY 
This bill exempts raw honey producers and sellers from licensing and inspection by 
the Department of Agriculture, Conservation and Forestry as long as the raw honey is 
both extracted and sold within the State.