Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 330 - LICENSE FEES TO MANUFACTURE AND SELL FOOD & BEVERAGES › Section 001-330-1 - Definitions

Current through 2024-29, July 17, 2024
For the purposes of this chapter and unless the context
				  otherwise indicates, the following terms shall have the following
				  meanings
A.
Apple Cider and Apple
				Juice
- means a beverage consisting of natural juice extracted from
				apples. Apple cider and apple juice may contain chemical
				preservatives.
B.
Bakery
- means any place, premises or establishment other than a
				home food manufacturing establishment regulated by the Department of
				Agriculture, Conservation and Forestry, where any bakery product is regularly
				prepared, processed or manufactured for sale other than for consumption on the
				premises where originally prepared, processed or manufactured.
C.
Beverage Plant
- means any
				place, premise or establishment, or any part thereof, where beverages are
				assembled, processed, manufactured, bottled or converted into form for
				distribution or sale and such rooms or premises where beverage product
				manufacturing equipment and containers are washed, sanitized and
				stored.
D.
Commercial
				bakery
- means any bakery predominantly engaged in the preparation,
				processing or manufacture of bakery products for further distribution. All
				other bakeries shall be deemed retail bakeries.
E.
Commissioner
- means the
				Commissioner of Maine Department of Agriculture, Conservation and Forestry or
				the Commissioner's designee.
F.
Employee
- means the license holder, person in charge, person
				having supervisory or management duties, person on the payroll, family member,
				volunteer, person performing work under contractual agreement, or other person
				working in an establishment or processing plant.
G.
Food processing and
				manufacturing
- means an establishment in which food is processed or
				otherwise prepared and packaged for human consumption.
H.
Food Salvage Processing
				Establishment
- means an establishment that engages in reconditioning or
				by other means salvaging distressed foods and distributing such food either for
				charitable purposes or retailing on a non-profit basis.
I.
Food Storage Warehouse
-
				means any building, establishment or place where food is stored as a commercial
				venture or business, or is stored in connection with or as a part of a
				business. Notwithstanding the foregoing, "food storage warehouse" does not
				include a storage facility for one kind of native produce such as an apple
				warehouse, potato warehouse, or carrot warehouse; a warehouse which is part of
				a "beverage plant" as defined in
				32 MRSA
				§1751; a person's home or dwelling; or
				an eating establishment as defined in 22 MRSA §2491.7.
J.
Home Food Manufacturing
-
				means an establishment in the home in which food is processed or otherwise
				prepared and packaged for human consumption and offered for sale directly to
				the consumer or through other distribution methods.
K.
License
- means the document
				issued by the Department that authorizes a person to operate an establishment
				or a processing plant.
L.
Mobile Vendor
- means a mobile vehicle capable of moving or being
				moved from its site from which food is being sold or offered for sale in a form
				requiring further preparation or cooking before being suitable to eat or not
				packaged or served to the customer in a manner intended for immediate
				consumption. This does not include a mobile eating place which serves food for
				immediate consumption or a mobile vendor which sells primarily fresh produce,
				not including dairy and meat products.
M.
Poultry Grower/Producer
				Exempt
means a grower/producer of less than 1000 birds that meets the
				licensing requirements of CMR Chapter 348.