An Act to Protect the Right to Food
Maine Legislature, Session 132, LD 0124
Committee: Agriculture, Conservation and Forestry
Sponsors: HICKMAN
Amends: 3 MRSA §902, 7 MRSA §2, 7 MRSA §282, 7 MRSA §283, 7 MRSA §283-A, 7 MRSA §284, 7 MRSA §284-A, 7 MRSA §284-B, 7 MRSA §318, 12 MRSA §1814, 12 MRSA §1838, 12 MRSA §1852, 30-A MRSA §7051

Legislative Document
No. 124
S.P. 50
In Senate, January 8, 2025
An Act to Protect the Right to Food
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator HICKMAN of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  3 MRSA §902, sub-§1-B, as enacted by PL 2013, c. 153, §1, is amended to 
read:
1-B.  Edible landscaping, food forests and community gardens.  The commission 
shall arrange for and oversee the development and implementation of a plan to incorporate 
food-producing plants, shrubs or trees into the landscaping of a portion of Capitol Park.  
Use of edible Edible landscaping must be consistent with the overall plan for the park under 
section 902‑A, subsection 2 and is subject to available funding for the park.
The commission may seek and accept money and food-producing seeds, plants, shrubs or 
trees from public and private sources for the development and maintenance of edible 
landscaping throughout Capitol Park and may collaborate with local, state or regional 
public or private entities with expertise in the design and maintenance of permaculture, 
edible landscaping, food forests or community gardens.
For the purposes of this subsection, "food forest" has the same meaning as in Title 7, section 
292, subsection 1 and "permaculture" has the same meaning as in Title 7, section 292, 
subsection 2.
Sec. 2.  7 MRSA §2, sub-§6, ¶D, as enacted by PL 2021, c. 677, §1, is amended to 
read:
D.  Focusing on collective responsibility to amplify the voices of persons experiencing 
food insecurity; and
Sec. 3.  7 MRSA §2, sub-§6, ¶E, as enacted by PL 2021, c. 677, §1, is amended to 
read:
E.  Closing the equity gap in household food insecurity by addressing underlying 
structural inequities.; and
Sec. 4.  7 MRSA §2, sub-§6, ¶F is enacted to read:
F.  Protecting the right to food as declared in the Constitution of Maine, Article I, 
Section 25.
Sec. 5.  7 MRSA §282, as amended by PL 2023, c. 420, §1, is further amended to 
read:
§282.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Direct producer-to-consumer transaction.  "Direct producer-to-consumer 
transaction" means an exchange of food or food products directly between a food producer 
and a consumer by barter, trade or purchase on the property or premises owned, leased or 
rented by the food producer; at roadside stands, fundraisers, farmers' markets and 
community social events; or through buying clubs, deliveries or community-supported 
agriculture programs, herd-share agreements and other private arrangements.
1-A.  Consumer.  "Consumer" means an individual who acquires food or food products 
directly from a food producer of the individual's choosing solely for consumption by the 
individual or the individual's family.
2.  Food or food products.  "Food or food products" means food or food products that 
are grown, produced, processed or prepared for human consumption, including, but not 
limited to, vegetables, fruit, eggs, grain or grain products, herbs, seasonings or spices, milk 
or milk products, meat or meat products, poultry or poultry products, fish or fish products, 
seafood or seafood products, cider or juice, acidified foods or, canned fruits or vegetables, 
honey, nuts, maple products or condiments or any combination of those items, such as 
baked goods, sandwiches or other meals, and that are provided in a direct producer-to-
consumer transaction.
2-A.  Food producer.  "Food producer" means a person that provides directly to a 
consumer food or food products that the person:
A.  Grows, raises or produces; or
B.  Grows, raises, produces or acquires from another source and then processes or 
prepares in a kitchen.
For the purposes of this subsection, "kitchen" means a room, area, site or location where 
food or food products are produced, processed or prepared for a direct producer-to-
consumer transaction.
2-B.  Food sovereignty.  "Food sovereignty" means the right of persons to healthy and 
culturally appropriate food produced through ecologically sound and sustainable methods 
and the right of persons to define their own food and agriculture systems.
4.  Traditional foodways.  "Traditional foodways" means the cultural, social and 
economic practices related to the production and consumption of food, including the 
conveyance of knowledge regarding food production, preservation, preparation and 
presentation.
Sec. 6.  7 MRSA §283, first ¶, as enacted by PL 2017, c. 314, §1, is amended to 
read:
It is the policy of this State to encourage food self-sufficiency for its citizens. The 
department State shall support policies that:
Sec. 7.  7 MRSA §283, sub-§4, as enacted by PL 2017, c. 314, §1, is amended to 
read:
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
Sec. 8.  7 MRSA §283, sub-§5, as enacted by PL 2017, c. 314, §1, is amended to 
read:
5.  Rural economic development.  Enhance rural economic development and the 
environmental and social wealth of rural communities.; and
Sec. 9.  7 MRSA §283, sub-§6 is enacted to read:
6.  Right to food.  Protect the right to food as declared in the Constitution of Maine, 
Article I, Section 25.
Sec. 10.  7 MRSA §283-A is enacted to read:
§283-A.  Food sovereignty principles
The Legislature finds that advancing the principles of food sovereignty will further the 
preservation of rural life and values as set forth in section 1-B and protect the right to food 
as declared in the Constitution of Maine, Article I, Section 25. Food sovereignty:
1.  Focuses on the people. Centers the right to sufficient, healthy and culturally 
appropriate food for the people of the State in food, agriculture, livestock and fisheries 
policies;
2.  Values food producers. Values all those who grow, harvest and process food, 
including women, small-scale farmers, herders, persons who fish commercially, forest 
dwellers, indigenous populations and agricultural, migrant and fisheries workers;
3.  Localizes food systems. Brings food producers and consumers closer together so 
they can make joint decisions on food issues that benefit and protect the people of the State;
4.  Promotes local control. Respects the right of food producers to have control over 
their land, seeds and water and protects natural resources for the people of the State;
5.  Builds knowledge and skills. Values the sharing of local knowledge and skills that 
have been passed down through generations to safeguard traditional foodways and enhance 
sustainable food production, free from technologies that undermine bodily health and well-
being; and
6.  Works with nature. Focuses on production and harvesting methods that maximize 
the contribution of ecosystems and improve the resiliency of local food systems in the face 
of drought and other extreme weather conditions.
Sec. 11.  7 MRSA §284, as amended by PL 2021, c. 625, §3, is further amended to 
read:
§284.   Authority
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, pursuant to the authority 
granted to plantations by Title 30‑A, section 7051, and notwithstanding any provision of 
law regulating food in this Title or Title 22 to the contrary, except as contained in section 
285, a municipality or plantation may adopt ordinances regarding traditional foodways and 
direct producer-to-consumer transactions, and the State shall recognize such ordinances by 
not enforcing those laws or implementing rules with respect to those traditional foodways 
or direct producer-to-consumer transactions that are governed by the ordinance.
Pursuant to the authority granted to county commissioners by Title 30‑A, section 7505 
and notwithstanding any provision of law regulating food in this Title or Title 22 to the 
contrary, except as contained in section 285, a county may adopt ordinances regarding 
traditional foodways and direct producer-to-consumer transactions within one or more 
unorganized territories within that county, and the State shall recognize such an ordinance 
by not enforcing those laws or implementing rules with respect to those traditional 
foodways or direct producer-to-consumer transactions that are governed by the ordinance.
Sec. 12.  7 MRSA §284-A is enacted to read:
§284-A.  Application
The provisions of this chapter apply to any local food ordinance adopted by a 
municipality, plantation or county, including those local food ordinances adopted prior to 
October 31, 2017.
Sec. 13.  7 MRSA §284-B is enacted to read:
§284-B.  Construction
To advance food sovereignty, the principles of food sovereignty pursuant to section 
283-A and the policy of the State as set forth in this chapter, and to protect the right to food 
as declared in the Constitution of Maine, Article I, Section 25, this chapter may not be 
construed to require a specific form or framework for any ordinance regarding traditional 
foodways or direct producer-to-consumer transactions authorized pursuant to section 284.
In accordance with Title 30-A, section 3001, subsections 1 and 3, any ordinance 
regarding traditional foodways or direct producer-to-consumer transactions must be 
liberally construed to effectuate the purpose of that ordinance.
Sec. 14.  7 MRSA c. 8-G is enacted to read:
CHAPTER 8-G
MAINE VEGETABLE GARDEN PROTECTION ACT
§291. Short title
This chapter may be known and cited as "the Maine Vegetable Garden Protection Act."
§292. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Food forest. "Food forest" means a diverse planting of edible plants that attempts 
to mimic the ecosystems and patterns found in nature.
2. Permaculture. "Permaculture" means sustainable landscape design and ecosystems 
based on a diversified crop of perennial trees, shrubs, herbs, vegetables, weeds, fungi and 
root systems that weave together microclimate, annual and perennial plants, soils, water 
management, wildlife and human needs into intricately connected, productive 
communities.
3.  Vegetable garden.  "Vegetable garden" means any plot of ground or elevated soil 
bed on residential property where annual or perennial vegetables, herbs, fruits, flowers, 
pollinator plants, leafy greens or other food-producing plants are cultivated.
§293. Right to cultivate vegetable gardens
Pursuant to the right to food as declared in the Constitution of Maine, Article I, Section 
25, and notwithstanding any provision of law to the contrary, an individual has the right to 
cultivate vegetable gardens on the individual's property or on the private property of 
another with the permission of the owner of that property, in any municipality, village, 
plantation, county, unorganized territory or other political subdivision of this State.
§294. Permaculture, edible landscaping, food forests and community gardens
Pursuant to the right to food as declared in the Constitution of Maine, Article I, Section 
25, any political subdivision of the State may develop and implement a program to promote 
permaculture and establish edible landscaping, food forests and community gardens in 
public spaces, including publicly owned properties, rights-of-way, school grounds, parks 
and parking lots.
A political subdivision of the State that develops and implements a program under this 
section may seek and accept money from public and private sources for the development 
and maintenance of permaculture, edible landscaping, food forests or community gardens 
and collaborate with local, state or regional public or private entities with expertise in the 
design and maintenance of permaculture, edible landscaping, food forests or community 
gardens.
§295. No prohibition or regulation
Pursuant to the right to food as declared in the Constitution of Maine, Article I, Section 
25, and notwithstanding any provision of law to the contrary, the State or any political 
subdivision of the State may not prohibit or regulate vegetable gardens, permaculture, 
edible landscaping, food forests or community gardens in a manner inconsistent with this 
chapter.
§296. Construction
This chapter may not be construed to prohibit the adoption of an ordinance or 
regulation pursuant to the home rule authority granted to municipalities by the Constitution 
of Maine, Article VIII, Part Second; the powers granted to villages, plantations, counties 
or other political subdivisions of the State by Title 30-A; the powers granted to the Maine 
Land Use Planning Commission by Title 12; and the powers granted to the Department of 
Environmental Protection by Title 38 of a general nature that does not solely or specifically 
apply to vegetable gardens, permaculture, edible landscaping, food forests or community 
gardens, including, but not limited to, ordinances or regulations relating to setbacks, water 
quality, plant and animal habitats, water use, fertilizer use, pesticide use or control of 
invasive species, as long as the ordinance or regulation does not have the effect of 
precluding vegetable gardens, permaculture, edible landscaping, food forests or community 
gardens in any political subdivision of the State.
Sec. 15.  7 MRSA §318, sub-§2, as amended by PL 2003, c. 167, §1, is further 
amended by enacting at the end a new first blocked paragraph to read:
The panel, to the extent practicable, may give priority consideration to applications from 
applicants who have a history of generational poverty or land dispossession in the United 
States or from applicants who are veterans. For purposes of this subsection, "veteran" 
means an individual who served in the United States Armed Forces and meets the definition 
of "veteran" under 38 Code of Federal Regulations, Section 3.1 or who has served or is 
currently serving in the Maine Army National Guard or Maine Air National Guard or the 
Reserves of the United States Armed Forces.
Sec. 16.  12 MRSA §1814, as amended by PL 1999, c. 240, §1; PL 2011, c. 657, Pt. 
W, §7; and PL 2013, c. 405, Pt. A, §24, is repealed and the following enacted in its place:
§1814.  Convey land
1. Generally. Consistent with section 598‑A, the bureau may sell and convey lands 
under this subchapter and improvements on those lands.  With the consent of the Governor 
and the commissioner and subject to the provisions of section 598‑A, the bureau may 
convey interests in lands or lease the same. Any lease to the Federal Government requires 
the approval of the Legislature.  Any lease entered into must be canceled or revoked after 
due notice of intention to cancel or revoke the lease by action of the bureau when the use 
for which that lease was given has been abandoned or materially modified or whenever the 
conditions imposed in any lease have been broken.
2.  Lease for cultivating edible crops, hay or pasturage for livestock.  Pursuant to 
the right to food as declared in the Constitution of Maine, Article I, Section 25, the bureau, 
with the consent of the Governor and the commissioner and subject to the provisions of 
section 598-A, may lease the right to use parcels of land under this subchapter for purposes 
of cultivating edible crops, hay or pasturage for dairy animals or other livestock.  Each 
lease must contain a provision that authorizes the bureau to terminate the lease at any time 
when the bureau in its sole discretion determines that termination is in the best interests of 
the State. The bureau may not issue any adjustment or compensation to any lessee under 
this subsection on account of that termination.  The bureau, to the extent practicable, in 
establishing a lease under this subsection, may give priority consideration to individuals 
with a history of generational poverty or land dispossession in the United States or to 
individuals who are veterans. For purposes of this subsection, "veteran" means an 
individual who served in the United States Armed Forces and meets the definition of 
"veteran" under 38 Code of Federal Regulations, Section 3.1 or who has served or is 
currently serving in the Maine Army National Guard or Maine Air National Guard or the 
Reserves of the United States Armed Forces.
Sec. 17.  12 MRSA §1838, sub-§10 is enacted to read:
10.  Lease for cultivating edible crops, hay or pasturage for livestock.  Pursuant to 
the right to food as declared in the Constitution of Maine, Article I, Section 25 and 
consistent with section 598‑A, the bureau, with the consent of the Governor and the 
commissioner, may lease the right to use parcels of nonreserved public land for purposes 
of cultivating edible crops, hay or pasturage for dairy animals or other livestock.  Each 
lease must contain a provision that authorizes the bureau to terminate the lease at any time 
when the bureau in its sole discretion determines that termination is in the best interests of 
the State. The bureau may not issue any adjustment or compensation to any lessee under 
this subsection on account of that termination.  The bureau, to the extent practicable, in 
establishing a lease under this subsection, may give priority consideration to individuals 
with a history of generational poverty or land dispossession in the United States or to 
individuals who are veterans. For purposes of this subsection, "veteran" means an 
individual who served in the United States Armed Forces and meets the definition of 
"veteran" under 38 Code of Federal Regulations, Section 3.1 or who has served or is 
currently serving in the Maine Army National Guard or Maine Air National Guard or the 
Reserves of the United States Armed Forces.
Sec. 18.  12 MRSA §1852, sub-§10 is enacted to read:
10.  Lease for cultivating edible crops, hay or pasturage for livestock.  Pursuant to 
the right to food as declared in the Constitution of Maine, Article I, Section 25 and 
consistent with section 598‑A, the bureau, with the consent of the Governor and the 
commissioner, may lease the right to use parcels of public reserved land for purposes of 
cultivating edible crops, hay or pasturage for dairy animals or other livestock.  Each lease 
must contain a provision that authorizes the bureau to terminate the lease at any time when 
the bureau in its sole discretion determines that termination is in the best interests of the 
State. The bureau may not issue any adjustment or compensation to any lessee under this 
subsection on account of that termination. The bureau, to the extent practicable, in 
establishing a lease under this subsection, may give priority consideration to individuals 
with a history of generational poverty or land dispossession in the United States or to 
individuals who are veterans. For purposes of this subsection, "veteran" means an 
individual who served in the United States Armed Forces and meets the definition of 
"veteran" under 38 Code of Federal Regulations, Section 3.1 or who has served or is 
currently serving in the Maine Army National Guard or Maine Air National Guard or the 
Reserves of the United States Armed Forces.
Sec. 19.  30-A MRSA §7051, sub-§11, as amended by PL 2021, c. 625, §5, is 
further amended to read:
11.  Ordinances.  Chapter 141, but only with respect to animal control ordinances, 
subject to Title 7, section 3950, the sale and use of consumer fireworks within the 
plantation, subject to Title 8, section 223‑A, the accumulation of garbage, refuse, rubbish 
or trash or unwanted or discarded material of any kind or source on private property and 
ordinances regarding traditional foodways and direct producer-to-consumer transactions 
adopted in accordance with Title 7, chapter 8‑F.
SUMMARY
This bill does the following.
1. It amends the law governing edible landscaping throughout Capitol Park to allow 
collaboration with local, state or regional entities in developing and maintaining edible 
landscaping.
2. It provides that strategies to end hunger in the State by 2030 must include protecting 
the right to food as declared in the Constitution of Maine, Article I, Section 25.
3. It amends the Maine Food Sovereignty Act to:
A.  Require the State, instead of the Department of Agriculture, Conservation and 
Forestry, to support certain policies, including promoting self-reliance and personal 
responsibility and enhancing rural economic development, and add as a policy 
protecting the right to food as declared in the Constitution of Maine, Article I, Section 
25;
B.  Establish food sovereignty principles;
C.  Apply the provisions of the Maine Food Sovereignty Act to all local food 
ordinances, including those in place before that Act was enacted; and
D.  Specify that the Maine Food Sovereignty Act does not require a specific form or 
framework for local food ordinances.
4. It establishes the Maine Vegetable Garden Protection Act to:
A.  Allow an individual to cultivate vegetable gardens on the individual's property or 
on the private property of another with the permission of the owner of that property 
anywhere in the State without interference;
B. Allow a municipality, county, village or plantation to develop and implement a 
program to promote permaculture and to establish edible landscaping, food forests and 
community gardens in public spaces, including publicly owned properties, rights-of-
way, school grounds, parks and parking lots, in collaboration with local, state or 
regional public or private entities; and
C. Allow a municipality, county, village or plantation to adopt ordinances to regulate 
matters related to the cultivation of vegetable gardens, permaculture, edible 
landscaping, food forests and community gardens.
5.  It requires the Maine Farms for the Future Program review panel, to the extent 
practicable, to give priority to applications from applicants who have a history of 
generational poverty or land dispossession in the United States or from applicants who are 
veterans. 
6. It allows the Department of Agriculture, Conservation and Forestry, Bureau of Parks 
and Lands to lease land and parcels of land in parks and historic sites, nonreserved public 
land and public reserved land for purposes of cultivating edible crops, hay or pasturage for 
livestock and allows the bureau to give priority consideration in establishing those leases 
to individuals with a history of generational poverty or land dispossession in the United 
States or to individuals who are veterans.
7.  It clarifies that a plantation has the same powers and duties and is subject to the 
same restrictions as a municipality with respect to ordinances regarding traditional 
foodways and direct producer-to-consumer transactions under the Maine Food Sovereignty 
Act.