An Act Regarding the Production and Sale of Birch Syrup and Birch Syrup Products
Maine Legislature, Session 130, LD 0416
Committee: Agriculture, Conservation and Forestry
Sponsors: KINNEY, HALL, HARRINGTON, MORRIS, DAVIS

Legislative Document
No. 416
H.P. 300
House of Representatives, February 10, 2021
An Act Regarding the Production and Sale of Birch Syrup and 
Birch Syrup Products
(EMERGENCY)
Received by the Clerk of the House on February 8, 2021.  Referred to the Committee on 
Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative KINNEY of Knox.
Cosponsored by Representatives: HALL of Wilton, HARRINGTON of Sanford, MORRIS of 
Turner, Senator: DAVIS of Piscataquis.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, it is imperative that this legislation take effect for the upcoming birch syrup 
season; 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. 103, sub-c. 8-C is enacted to read:
SUBCHAPTER 8-C
BIRCH SYRUP PRODUCTS
§901.  Exposed for sale
For purposes of this subchapter, any birch syrup products governed by this subchapter 
that are packed in any type or kind of container and found in any place in the State, whether 
a warehouse, packing house or place where birch syrup products are stored, are deemed to 
be exposed for sale.
§902.  Labeling of birch syrup
All containers of birch syrup sold or offered for sale for human consumption must be 
labeled with the volume, name and address of the producer or packer, together with the 
producer's or packer's seal in a manner approved by the commissioner on the cap of the 
container, which must be affixed so that the container cannot be opened until the seal is 
broken.  Any marking that indicates pure Maine birch syrup must be used exclusively for 
pure birch syrup produced in this State that has not been bleached or lightened in color by 
artificial means.
The words "Maine Birch" may not be used alone or in combination with other words 
on a label or container to designate the flavor of the contents unless all of the birch flavoring 
of the contents is a pure birch produced in this State.
§903.  Labeling containers
A person may not sell or offer for sale in any place or serve in any hotel, restaurant or 
other public eating place any birch sugar, birch confection or candy or birch syrup or any 
product labeled or represented as such that is in any way combined, interfused or diluted 
with cane or other sugars or other substance without distinctly marking, stamping or 
labeling the article or the package containing cane or other sugars or other substance or the 
advertisement of or menu statement with an accurate and descriptive name of the article 
and, in the case of birch sugar and birch syrup, the percentage in which birch sugar or birch 
syrup enters into its composition.  In the case of birch confection or candy, the ingredients 
must be listed in the order of the volume of each ingredient with the ingredient of greatest 
volume listed first.  The words "birch," "birched" and "birching" and words of similar 
import, except as printed in the percentage statement, may not appear in any manner on the 
article in which a product of birch syrup is combined, interfused or diluted, unless the word 
"blend" appears immediately before, after, above or below and in equal prominence with 
the word "birch" or words of similar import, or unless the term "birch flavored" appears in 
similar fashion on the label.
§904.  Enforcement; jurisdiction
The commissioner shall enforce this subchapter.  The commissioner or the 
commissioner's designee must have free access to any place or building, store, gift shop or 
any other building where birch syrup or birch syrup products are packed, stored, 
transported, sold or offered or exposed for sale or for transportation.  The commissioner or 
the commissioner's designee may open any container and may upon tendering the market 
price take samples.  The commissioner may recover fines imposed for a violation under 
this subchapter in a civil action and if the commissioner prevails in that action may recover 
full costs.
All fines for violations under this subchapter must be paid to the Treasurer of State and 
appropriated for enforcing this subchapter.
The commissioner shall adopt rules to implement this subchapter.  Rules adopted 
pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
§905.  Violations
A person who violates any of the provisions of this subchapter commits a civil violation 
for which the following fines may be adjudged:
1.  First violation.  For the first violation, a fine not to exceed $100; and
2.  Subsequent violations.  For each subsequent violation, a fine not to exceed $200.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill provides for the regulation of the production, sale and labeling of birch syrup 
and birch syrup products.