Amend the bill in section 1 in §282 by striking out all of subsections 1 and 2 (page 1, lines 33 to 35 and page 2, lines 1 to 5 in L.D.) and inserting the following:
Amend the bill in section 1 by striking out all of §284 (page 2, lines 23 to 30 in L.D.) and inserting the following:
Pursuant to the home rule authority granted to municipalities by Title 30-A, section 3001 and by the Constitution of Maine, Article VIII, Part Second, and notwithstanding any provision of state food law to the contrary, except as contained in section 285, a municipality may adopt ordinances regarding direct producer-to-consumer transactions and the State shall recognize such ordinances by not enforcing those state food laws with respect to those direct producer-to-consumer transactions that are governed by the ordinance.’
Amend the bill in section 1 in §285 in the first 2 lines (page 2, lines 32 and 33 in L.D.) by striking out the following: " In every political subdivision of the State, including a municipality that adopts or amends an ordinance pursuant to section 284" and inserting the following: ' Notwithstanding any provision in this chapter to the contrary'
Amend the bill in section 1 by striking out all of §286 (page 3, lines 1 to 7 in L.D.) and inserting the following:
An individual who grows, produces, processes or prepares food or food products for purposes other than direct producer-to-consumer transactions in a municipality that adopts or amends an ordinance pursuant to section 284 shall grow, produce, process or prepare the food or food products in compliance with all applicable state and federal food safety laws, rules and regulations.’
Amend the bill by inserting after section 5 the following:
‘Sec. 6. Authority to report a bill. The Joint Standing Committee on Agriculture, Conservation and Forestry may report out a bill relating to the Maine Revised Statutes, Title 7, chapter 8-F to the Second Regular Session of the 128th Legislature.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
SUMMARY
This amendment does the following:
1. It clarifies the scope of the bill to ensure that local food ordinances must relate to direct producer-to-consumer transactions involving food or food products intended for human consumption. It also provides definitions of "direct producer-to-consumer transaction" and "food or food products";
2. It clarifies that the state laws in the Maine Revised Statutes, Title 7 and Title 22 that regulate direct producer-to-consumer transactions involving food or food products are the state laws whose application such local ordinances may affect; and
3. It makes other clarifying amendments to the bill and adds a provision authorizing the Joint Standing Committee on Agriculture, Conservation and Forestry to report out a bill to the Second Regular Session of the 128th Legislature relating to the food sovereignty law.
FISCAL NOTE REQUIRED
(See attached)