S.P. 281 - L.D. 799
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §2901, sub-§8-D, as enacted by PL 1997, c. 639, §1, is repealed and the following enacted in its place:
8-D. Farm cheese. "Farm cheese" means cheese manufactured within the State on the farm on which the milk is produced from milk that is heat-treated. "Heat-treated," for the purposes of section 2904-A, means the process of heating every particle of milk to a temperature of 145 degrees Fahrenheit for at least 30 minutes using a double boiler. "Farm cheese" does not include cheese that has been aged at a temperature above 35 degrees Fahrenheit for at least 60 days.
Sec. 2. 7 MRSA §2902-B is enacted to read:
§2902-B. Sale of unpasteurized milk and milk products
It is unlawful for a person to sell unpasteurized milk or a product made from unpasteurized milk unless the label on that product contains the words "not pasteurized." It is unlawful for a person to sell unpasteurized milk or a product made from unpasteurized milk at an eating establishment as defined in Title 22, section 2491, subsection 7. This section does not apply to farm cheese or to cheese that has been aged at a temperature above 35 degrees Fahrenheit for at least 60 days prior to sale.
Sec. 3. 7 MRSA §2904-A, as enacted by PL 1997, c. 639, §2, is amended to read:
1. Inspection. The department shall inspect the processing of farmstead farm cheese using the same standards used to inspect the processing of other cheeses.
2. Licensing. A producer may not sell farmstead farm cheese unless licensed in accordance with this section. The department shall issue a license to a farmstead farm cheese producer in accordance with the same standards used to issue licenses to other cheese producers who uses equipment and standards established in this section and in rules adopted pursuant to this section.
3. Labeling. The department shall establish rules for the labeling of farmstead cheese. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. Except as provided in subsection 6, farm cheese that is offered for sale must bear a label that contains the words "heat-treated, not pasteurized." Except as provided in subsection 6, when farm cheese is offered for consumption at an eating establishment as defined in Title 22, section 2491, subsection 7, the menu must identify items on the menu that contain or are made with farm cheese and must provide notice that farm cheese is not pasteurized using the words "heat-treated, not pasteurized" on the menu.
4. Sale restrictions. Farmstead cheese may only be sold from the farm where it is produced and through farm stands and farmers' markets, as defined in section 415.
5. Standards, rules. Milk used for making farm cheese must be heat-treated in a double boiler with a capacity for heat-treating not more than 2 gallons of milk per batch. The double boiler and thermometer used for heat treatment must be approved by the department. The department shall adopt rules to establish a process for licensing and inspecting farm cheese producers. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II-A.
6. Established producers. For the purposes of this section, "established producer" means a person who on June 30, 1998 held a valid license to produce farm cheese for sale and who heat-treated the milk using a double boiler method prior to making the farm cheese. Notwithstanding subsection 3, farm cheese made by an established producer and offered for sale must bear a label that contains the words "heat-treated." Notwithstanding subsection 3, when farm cheese made by an established producer is offered for consumption at an eating establishment as defined in Title 22, section 2491, subsection 7, the menu must identify items on the menu that contain or are made with farm cheese and must provide notice that farm cheese is heat-treated using the words "heat-treated" on the menu. A license issued to an established producer under this section may not be transferred to another person. This subsection is repealed June 30, 2004.
Effective September 18, 1999, unless otherwise indicated.
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