S.P. 667 - L.D. 1889
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA c. 601 is amended by repealing the chapter headnote and enacting the following in its place:
CHAPTER 601
MILK AND MILK PRODUCTS
Sec. 2. 7 MRSA §2901, first ¶, as amended by PL 1979, c. 541, Pt. A, §72, is further amended to read:
As used in this section, and sections 2901-A to 2904 and 3101 to 3103, unless the context otherwise indicates, the following terms shall have the following meanings.
Sec. 3. 7 MRSA §2901, sub-§1-A, as enacted by PL 1971, c. 164, §1, is amended to read:
1-A. Adulterated and misbranded milk and milk products. "Adulterated milk and milk products" means milk or milk products which that upon analysis are found to contain added water or which contain any unwholesome substance, or milk or milk products which that contain any antibiotics, pesticide or chemical residues, or which that if defined in sections 2901 to 2904 and 3101 to 3103 this section or defined in the regulations promulgated rules adopted by the commissioner do not conform to the definition thereof, shall be deemed to be adulterated. Milk or milk products shall be deemed are considered to be misbranded if the labeling is false, improper or misleading in any particular, or the labeling does not comply with the requirements promulgated rules adopted by the commissioner.
Sec. 4. 7 MRSA §2901, sub-§17 is repealed and the following enacted in its place:
17. Milk. "Milk" means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, goats or sheep.
Sec. 5. 7 MRSA §2901, sub-§22, as amended by PL 1981, c. 315, §5, is repealed and the following enacted in its place:
22. Milk products. "Milk products" includes cream, light cream, light whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light cream, sour cream, acidified sour cream, cultured sour cream, milk, butter, evaporated milk, sweetened condensed milk, nonfat dry milk solids, half and half, sour half and half, acidified sour half and half, cultured sour half and half, concentrated milk and milk products, skim milk, reconstituted or recombined milk and milk products, low-fat milk, light milk, reduced fat milk, homogenized milk, frozen milk concentrate, eggnog, cultured milk, cultured reduced-fat milk, cultured light milk, cultured low-fat milk, cultured skim milk, buttermilk, yogurt, reduced fat yogurt, light yogurt, low-fat yogurt, nonfat yogurt, cottage cheese, creamed cottage cheese, acidified milk, acidified reduced-fat milk, acidified light milk, acidified low-fat milk, acidified skim milk, low-sodium milk, low-sodium reduced-fat milk, low-sodium light milk, low-sodium low-fat milk, low-sodium skim milk, lactose-reduced milk, lactose-reduced reduced-fat milk, lactose-reduced light milk, lactose-reduced low-fat milk, lactose-reduced skim milk, aseptically processed and packaged milk and milk products, milk, reduced-fat milk, light milk, low-fat milk and skim milk with added safe and suitable microbial organisms and any other milk product, frozen dessert or frozen dessert mix, cheese or any other product designated as a milk product by the commissioner made by the addition or subtraction of milk fat or the addition of safe and suitable optional ingredients for protein, vitamin or mineral fortification.
Sec. 6. 7 MRSA §2901, sub-§23-A is enacted to read:
23-A. Not pasteurized. "Not pasteurized" means any milk or milk product that has not been subjected to the temperature and time requirements of pasteurization using equipment designed for pasteurization or has not been aseptically processed and packaged. For the purposes of this subsection, "aseptically processed and packaged" means hermetically sealed in a container and thermally processed to render the product free of microorganisms capable of reproducing in the product under normal nonrefrigeration conditions of storage and distribution.
Sec. 7. 7 MRSA §2901-A, as enacted by PL 1973, c. 67, is amended to read:
§2901-A. Standards and labeling
Notwithstanding any other requirements of this chapter, milk and milk products, defined in accordance with standards then in effect which that have been adopted by the United States Government and labeled in conformity with labeling requirements then in effect which that have been adopted by the United States Government, shall be deemed are considered to conform with the definitions and labeling requirements set forth in this chapter; except that containers of milk and cream shall packaged in Maine must also bear the name and address of the Maine licensed milk dealer and sufficient information to identify the milk plant where packaged as required by section 2903.
Sec. 8. 7 MRSA §2902, as amended by PL 1989, c. 888, §§3 and 4, is repealed and the following enacted in its place:
A person may not sell milk or milk products prior to obtaining a license pursuant to rules adopted under section 2910 or pursuant to former section 2902.
1. Milk distributor license fee. A milk distributor license fee is based on the annual volume of milk sold or distributed in the State. The annual fee may not be lower than $25 or exceed $300.
2. General Fund. All money received from milk distributor license fees by the commissioner must be deposited in the General Fund.
Sec. 9. 7 MRSA §2903, as amended by PL 1985, c. 32, is repealed.
Sec. 10. 7 MRSA §2904, as amended by PL 1977, c. 694, §139, is repealed.
Sec. 11. 7 MRSA §2905 is repealed.
Sec. 12. 7 MRSA §2906, as repealed and replaced by PL 1977, c. 696, §98, is amended to read:
The district attorney for the county in which any violation of sections 2901 to 2904 and 3101 to 3103 2901-A to 2902-A has occurred shall, if requested, assist the commissioner in suits arising thereunder under those sections.
Sec. 13. 7 MRSA §2907 is amended to read:
The District Court and the Superior Court shall have concurrent jurisdiction in cases arising under sections 2901 to 2904 and 3101 to 3103 2901-A to 2902-A.
Sec. 14. 7 MRSA §2908, first ¶, as amended by PL 1991, c. 725, §1, is further amended to read:
Any firm, person, corporation or society who sells milk or cream in the State without the license or licenses provided in section 2902, or who violates any of the provisions of sections 2901 to 2904, 3101 to 3103 and 3105, 2901-A to 2902-A or neglects, fails or refuses to comply with any of the provisions of those sections and the rules, regulations and standards of identity and quality issued thereunder commits a civil violation for which the following forfeiture may be adjudged:
Sec. 15. 7 MRSA §2910 is enacted to read:
§2910. Standards for milk and milk products
The commissioner, in a manner consistent with the Maine Administrative Procedure Act, shall establish standards by rule for the inspection and examination, licensing, permitting, testing, labeling and sanitation of milk and milk product production and distribution.
The standards must be consistent with the requirements of the official standards, known as the Pasteurized Milk Ordinance, as issued by the Secretary of the United States Department of Health and Human Services, Food and Drug Administration, except that the standards may not prohibit the sale of unpasteurized milk and milk products in the State.
Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter II-A.
Sec. 16. 7 MRSA cc. 607 and 609, as amended, are repealed.
Sec. 17. 10 MRSA c. 503, as amended, is repealed.
Sec. 18. Report; legislation authorized. The Department of Agriculture, Food and Rural Resources shall submit rules provisionally adopted in accordance with the Maine Revised Statutes, Title 7, section 2910 to the Legislature for review as major substantive rules no later than January 3, 2000. The Joint Standing Committee on Agriculture, Conservation and Forestry is authorized to report out legislation relating to the Maine milk laws during the Second Regular Session of the 119th Legislature.
Effective September 18, 1999, unless otherwise indicated.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
