S.P. 705 - L.D. 1980
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the appropriate labeling of cider is important to consumers and producers; and
Whereas, cider is a seasonal crop and changes are needed prior to the 1999 cider season; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §543-A, as enacted by PL 1983, c. 220, is repealed and the following enacted in its place:
1. Restriction on product labeled as cider. A person may not sell, advertise, offer or expose for sale any product labeled as "cider" if that product has been heated to a temperature of 155 Fahrenheit or higher for more than 10 seconds.
2. Accepted processing methods. All cider sold, advertised, offered or exposed for sale must be heat treated, treated by ultraviolet light or pressed under a state-approved hazard and critical control plan unless the cider bears a warning label in accordance with subsection 3. A state-approved hazard and critical control plan must prohibit the pressing of apples that have dropped from the trees for use in cider. For the purposes of this section, "heat treated" means heated to a temperature of 155 Fahrenheit or higher for no more than 10 seconds.
3. Warning label. A person selling, advertising, offering or exposing for sale cider that has not been processed in accordance with subsection 2 must affix a label to that product stating: "WARNING: This product has not been pasteurized. It may contain harmful bacteria that can cause serious illness in children, the elderly and persons with weakened immune systems."
4. Exemption. Hard cider as defined in Title 28-A, section 2, subsection 12-A is exempt from this section.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 13, 1999.
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