CHAPTER 172

S.P. 209 - L.D. 654

An Act To Provide for Independent Testing of Unpasteurized

Milk Products

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 7 MRSA §2902-B, sub-§4 is enacted to read:

4.__Testing of unpasteurized milk products.__The commissioner shall establish a process by rule__for submitting samples of unpasteurized milk products to an independent laboratory for testing when:

A.__The milk laboratory operated by the department has tested unpasteurized milk products and determined that they do not meet the standards for unpasteurized milk products established by rules adopted pursuant to section 2910; and

B.__The person operating the milk plant that processed the milk products has requested independent testing.

The commissioner may require the person requesting the independent testing under paragraph B to pay for that testing.__ Any restrictions on the sale of unpasteurized milk products pending test results and after receipt of test results must be established by rule.__Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. For the purposes of this subsection, "independent laboratory" means a laboratory that is operated by a private entity or a public entity other than the department.