An Act To Increase Consumption of Maine Foods in State Institutions
Maine Legislature, Session 129, LD 1167
Committee: Agriculture, Conservation and Forestry
Sponsors: HICKMAN, VITELLI, DUNPHY, HANINGTON, HARNETT, MAREAN, STANLEY, TERRY, JACKSON, POULIOT
Amends: 7 MRSA §211, 7 MRSA §212, 7 MRSA §213, 7 MRSA §214, 7 MRSA §215

Legislative Document
No. 1167
H.P. 850
House of Representatives, March 7, 2019
An Act To Increase Consumption of Maine Foods in State 
Institutions
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HICKMAN of Winthrop.
Cosponsored by Senator VITELLI of Sagadahoc and
Representatives: DUNPHY of Old Town, HANINGTON of Lincoln, HARNETT of Gardiner, 
MAREAN of Hollis, STANLEY of Medway, TERRY of Gorham, Senators: President 
JACKSON of Aroostook, POULIOT of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA §211, as enacted by PL 1983, c. 608, §2, is amended to read:
§211.  Statement of policy
It is the policy of the State to encourage food self-sufficiency for the State.  State 
State-funded institutions and school districts or agencies in the State shall purchase food 
produced by Maine farmers or fishermen, persons who fish commercially or food 
processors, provided as long as that food is available in adequate quantity and, meets 
acceptable quality standards, and is priced competitively.
Sec. 2.  7 MRSA §212, sub-§§1 and 2, as enacted by PL 1983, c. 608, §2, are 
amended to read:
1.  Brokers or wholesalers.  "Brokers or wholesalers" means any person 
representing an enterprise, either for profit or nonprofit, whose objective is to purchase or 
collect available supplies of food from Maine food producers for subsequent distribution 
to state state-funded institutions, school districts or agencies and other food businesses.
2.  Maine food producer.  "Maine food producer" means any person who is a 
resident farmer or fisherman, person who fishes commercially or processor of food grown 
or harvested in the State, or an association of farmers or fishermen, persons who fish 
commercially or food processors in a cooperative or producer group.
Sec. 3.  7 MRSA §212, sub-§3, as amended by PL 1989, c. 443, §18 and PL 2003, 
c. 20, Pt. OO, §2 and affected by §4, is further amended to read:
3.  State purchaser.  "State or school purchaser" means any person who purchases 
foodstuffs for any state state-funded institution or agency, the community colleges or the 
school districts of this State the University of Maine System or the Maine Community 
College System.  "State purchaser" does not include a person who purchases foodstuffs 
for a school that participates in the National School Lunch Program in accordance with 7 
Code of Federal Regulations, Part 210 (2007).
Sec. 4.  7 MRSA §213, first ¶, as enacted by PL 1983, c. 608, §2, is amended to 
read:
Notwithstanding any other provision of law and assuming reasonable similarity in 
quality, quantity and availability with other foodstuffs offered for sale, state or school 
purchasers shall buy meat or meat products, poultry or poultry products, fish or fish 
products, dairy products, excluding milk and milk or milk products, eggs, and species of 
fruits and fresh vegetables, directly from Maine food producers or from food brokers who 
assist in the distribution of foodstuffs produced or harvested by Maine food producers.  In 
the event that more than one producer, broker or wholesaler can supply a given foodstuff, 
the institutional or school state purchaser may shall require competitive bidding.
Sec. 5.  7 MRSA §213, sub-§3 is enacted to read:
3.  Implementation schedule.  The following percentages of foodstuffs purchased by 
a state purchaser must come directly from Maine food producers or brokers or 
wholesalers who assist in the distribution of foodstuffs produced or harvested by Maine 
food producers:
A.  By December 31, 2025, at least 20%;
B.  By December 31, 2030, at least 30%;
C.  By December 31, 2040, at least 40%; and
D.  By December 31, 2050, at least 50%.
Sec. 6.  7 MRSA §214, as amended by PL 2011, c. 655, Pt. EE, §12 and affected 
by §30, is further amended to read:
§214.  Coordination of purchases of foodstuffs from Maine concerns
1.  Food purchasing coordinator.  The commissioner shall designate an employee 
of the department to serve as a food purchasing coordinator to assist in the development 
of connections between state and school purchasers, Maine food producers and brokers 
and or wholesalers of food.
2.  Annual meeting.  The food purchasing coordinator shall cause to be held an 
annual meeting that brings together Maine food producers, brokers or wholesalers, buyers 
and food service professionals to enhance opportunities for cooperation and expand the 
purchase of local foodstuffs by state institutions and public schools purchasers.
3.  Advisory committee.  The commissioner shall establish an advisory committee to 
discuss possibilities and review proposals for expanding purchases of local foodstuffs.  
The commissioner shall invite one or more representatives from each of the following 
agencies to serve on the advisory committee: the Department of Education; the 
Department of Marine Resources; the Department of Corrections; the Department of 
Administrative and Financial Services, Bureau of Purchases; the Department of Health 
and Human Services; the University of Maine System; and the Maine Community 
College System.  The advisory committee shall meet at least once every 2 years.
Sec. 7.  7 MRSA §215, as amended by PL 1989, c. 700, Pt. A, §31, is further 
amended to read:
§215.  Standards
1.  Quality standards to be established.  Quality standards for meat or meat 
products, poultry or poultry products, fish or fish products, dairy products, excluding milk 
and milk or milk products, eggs, and species of fresh fruits and vegetables shall must be 
established in writing and copies of these standards shall must be made available to all 
Maine food producers and brokers and or wholesalers who are interested in selling food 
to state-funded institutions and schools or agencies in Maine.
2.  Coordination of development of quality standards.  The Bureau of Purchases 
will shall coordinate the development of quality standards with state state-funded 
institutions and the Department of Education agencies and the division of quality 
assurance and regulations within the Bureau of Agriculture, Food and Rural Resources.  
The food purchasing coordinator will shall collaborate with the State Purchasing Agent in 
assisting state and school purchasers in formulating consistent, although not necessarily 
uniform, quality standards.  In the event there are differences of opinion about the quality 
of foodstuffs supplied to state-funded institutions or schools agencies, final authority for 
resolution rests with the State Purchasing Agent division of quality assurance and 
regulations.
3.  Certification of food of Maine origin.  Food brokers and or wholesalers or any 
person who sells directly to the state state-funded institutions and schools or agencies of 
Maine shall certify to purchasing agents that shipments of food intended to be of Maine 
origin are produced or harvested by Maine food producers.
4.  Split shipments of food.  In the event that foodstuffs of Maine origin are not 
available in sufficient quantities to meet demand, food brokers and or wholesalers or any 
person selling directly to the state state-funded institutions or schools agencies may 
supply split shipments of food, mixing food items of Maine origin with the same food 
items from outside Maine, provided as long as the consolidated order is of comparable 
quality and the broker or wholesaler or person specifies the percentage of the mixed 
shipment that is of Maine origin.
SUMMARY
Current law requires state and school purchasers to buy meat, fish, dairy products, 
excluding milk and eggs, and species of fruits and fresh vegetables directly from Maine 
food producers or food brokers. This bill establishes a minimum percentage of Maine 
foodstuffs, including milk or milk products, eggs, meat or meat products, poultry or 
poultry products, fish or fish products and fruits and vegetables, that must be purchased, 
requiring at least 20% by December 31, 2025, at least 30% by December 31, 2030, at 
least 40% by December 31, 2040 and at least 50% by December 31, 2050.  The bill 
exempts from the requirements school purchasers at schools participating in the National 
School Lunch Program.  The bill also clarifies that "Maine food producer" includes food 
processors, revises provisions regulating quality standards and requires competitive 
bidding when more than one producer or broker or wholesaler can supply a given 
foodstuff.