HP0161, LD 229, item 1, An Act To Exempt Small Raw Milk Producers from Licensing Requirements

An Act To Exempt Small Raw Milk Producers from Licensing Requirements

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

Sec. 1. 7 MRSA §2900, sub-§16-A is enacted to read:

16-A. Raw milk. "Raw milk" means milk that has not been pasteurized or homogenized.

Sec. 2. 7 MRSA §2901-C, sub-§1, as enacted by PL 1999, c. 679, Pt. A, §5, is amended to read:

1. Milk distributor license. A milk distributor shall obtain a license from the commissioner and shall renew that license annually. The license fee is based on the annual volume of milk or milk products sold or distributed in the State. The annual fee may not be lower than $25 or exceed $300. The commissioner shall deposit all money received from milk distributor license fees into the General Fund. A milk distributor selling raw milk or a raw milk product under section 2910-C is exempt from the provisions of this subsection.

Sec. 3. 7 MRSA §2908-A, sub-§1, as amended by PL 2005, c. 270, §7, is further amended to read:

1. Violation. A firm, person, corporation or society may not sell milk or milk products in the State , except raw milk or a raw milk product under section 2910-C, without the license or permits provided in sections 2901-C and 2902-A, violate sections 2901-A to 2903-B or neglect, fail or refuse to comply with those sections and the rules, regulations and standards of identity and quality issued pursuant to section 2910.

Sec. 4. 7 MRSA §2910-C is enacted to read:

§ 2910-C. Sales of raw milk

1. Exemption from licensing requirement. A milk distributor who daily produces for sale less than 20 gallons of raw milk or daily processes less than 20 gallons of raw milk into cheese aged at least 60 days, yogurt, cream, butter or kefir or other dairy product is not required to obtain a license under section 2901-C if the milk and any products are sold directly to the consumer from the milk distributor's own farm or farm stand or at a farmers' market within the State.

2. Labeling. Raw milk or a raw milk product sold under subsection 1 must be clearly labeled with the name, address and phone number of the milk distributor's farm, the name of the product and the following statement: "This product is made with raw milk and is exempt from State of Maine licensing.'' If the raw milk or a raw milk product is sold in a container provided by the milk distributor, the container must be labeled pursuant to the requirements of this subsection.

3. Sign. A milk distributor selling raw milk or a raw milk product under subsection 1 shall place a sign at the point of sale that contains the name, address and phone number of the milk distributor's farm and the following statement: "Products from this farm made from raw milk are exempt from State of Maine licensing.''

SUMMARY

This bill exempts the sale of raw milk and raw milk products from licensing under the following circumstances:

1. The sale is by a milk distributor who daily produces for sale less than 20 gallons of raw milk or daily processes less than 20 gallons of raw milk into various dairy products and sells the milk and milk products directly to the consumer from the milk distributor's own farm or farm stand or at a farmers' market within the State;

2. The raw milk and raw milk products are clearly labeled with the name, address and phone number of the milk distributor's farm, the name of the product and the following statement: "This product is made with raw milk and is exempt from State of Maine licensing''; and

3. At the point of sale a sign is placed that contains the name, address and phone number of the milk distributor's farm and the following statement: "Products from this farm made from raw milk are exempt from State of Maine licensing.''

HP0161 LD 229	Session - 127th Maine Legislature		LR 712 Item 1
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