Sec. 1. 7 MRSA §12, as amended by PL 1983, c. 308, §§3 and 14, is further amended to read:

§12. Rules and standards

The commissioner shall adopt, consistent with the Maine Administrative Procedure Act, Title 5, chapter 375, rules for carrying out this Title and all other statutes delegating responsibility to him the commissioner or the department. He Except as provided in section 13-A, the commissioner may fix standards of purity, quality or strength when such standards are not specified or fixed by law, and shall publish them together with such other information concerning articles of commercial feeding stuff, commercial fertilizer, drug or food as he the commissioner may deem determine to be of public benefit.

Sec. 2. 7 MRSA §13-A is enacted to read:

§13-A.__Testing and enforcement of food safety laws

Notwithstanding section 12, the commissioner may not establish a standard for food products, including dairy products, based on the presence of bacteria unless the standard provides for the accurate identification of types of bacteria harmful to humans.__ The commissioner may not order a person engaged in the production of food for human consumption to cease production or restrict sales based on the presence of a bacterium unless that bacterium has been identified as harmful to humans.

Sec. 3. Commissioner of Agriculture, Food and Rural Resources directed to review procedures for detecting bacteria and make necessary revisions. The Commissioner of Agriculture, Food and Rural Resources shall review procedures used to test for bacteria in carrying out the department's responsibilities for food safety under the Maine Revised Statutes, Title 7, sections 2903-B and 2910 and Title 22, chapters 551 and 562-A. The commissioner shall ensure that testing procedures identify and distinguish between bacteria that are harmful to human health and those that are not. The commissioner shall take all actions necessary to comply with Title 7, section 13-A, including amending rules and revising testing procedures.

SUMMARY

This bill directs the Commissioner of Agriculture, Food and Rural Resources to review departmental procedures for testing food products for bacteria and requires the procedures be revised to distinguish between types of bacteria that are harmful to