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PUBLIC LAWS
Second Regular Session of the 122nd

CHAPTER 614
H.P. 1497 - L.D. 2107

An Act To Establish a Food Policy for Maine

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

     Sec. 1. 5 MRSA §12004-I, sub-§1-B is enacted to read:

1-B. Agriculture

Maine Food Policy Council

Expenses Only Upon Request and Determination of Financial Hardship

7 MRSA §216

     Sec. 2. 7 MRSA §2-A, as amended by PL 2003, c. 414, Pt. B, §11 and affected by c. 614, §9, is repealed.

     Sec. 3. 7 MRSA c. 8-A, as amended, is further amended by repealing the chapter headnote and enacting the following in its place:

CHAPTER 8-A
FOOD AND FOOD POLICY
SUBCHAPTER 1
PURCHASE OF FOODSTUFFS FROM MAINE

     Sec. 4. 7 MRSA c. 8-A, sub-c. 2 is enacted to read:

SUBCHAPTER 2
FOOD POLICY

§216. Maine Food Policy Council

     The Maine Food Policy Council established in Title 5, section 12004-I, subsection 1-B is referred to in this subchapter as "the council." Membership and duties of the council are as provided in this section.

     1. Members. The council consists of 11 members appointed as follows:

     2. Terms. Each member of the council serves for a term of 3 years or until the member's successor is appointed. If a member is unable to complete the term, the appointing authority shall appoint a person to serve out the remainder of the unexpired term. Except for members appointed under subsection 1, paragraph A, a member may not serve for more than 2 consecutive terms.

     3. Chair. The council shall annually elect a chair and vice-chair from its membership.

     4. Meetings and attendance. The council may meet up to 4 times a year. If a member of the council is absent from more than one meeting without notice to the chairs, the original appointing authority may appoint a replacement.

     5. Quorum; actions. A quorum is a majority of the members of the council. An affirmative vote of the majority of the members present at a meeting is required for any action.

     6. Duties. The council shall develop:

     7. Formation of subcommittees. The council shall invite a broad base of individuals and representatives of advocacy and stakeholder groups to participate in the strategic planning process under subsection 7, paragraph B through the formation of subcommittees and working groups to address issues identified by the council as needing further study or particular expertise.

     8. Staff assistance. The department shall provide staff to the council.

     9. Fund. A separate nonlapsing account is established within the department known as the food policy development and implementation fund. The commissioner shall administer the nonlapsing fund on behalf of the council. The council may seek and accept gifts, donations and grants from any public or private source for deposit in the fund to carry out the purposes of this subchapter.

     10. Reimbursement for travel expenses. A member of the council not compensated by that member's employer or the entity that the member represents may request reimbursement from the department for necessary travel expenses incurred for attendance at authorized meetings of the council. The department shall reimburse travel expenses from the fund established under subsection 10 or from existing departmental resources upon determining that travel expenditures are a financial hardship for the requesting member. The commissioner shall develop a standard for determining what is a financial hardship for the purposes of this subsection and Title 5, section 12004-I, subsection 1-B.

     11. Report. The council shall submit a biennial report on the activities of the council to the joint standing committee of the Legislature having jurisdiction over agricultural matters by December 15th of odd-numbered years. The report must include an update on the strategic plan developed under subsection 7, paragraph B, an account of progress made in achieving the goals of the council and a description of actions necessary to implement the recommendations of the council.

§217.    Hunters for the Hungry Program; acceptance of donations

     The department and those recipient agencies participating in the department's food assistance distribution programs may accept wild game meat from persons participating in the Hunters for the Hungry Program established under Title 12, section 10108. The department may facilitate the acceptance of that meat by its recipient agencies through coordination with the Department of Inland Fisheries and Wildlife and may undertake educational and promotional efforts on behalf of the program.

§218. Farmers' Market Program

     The department shall cooperate with the Commissioner of Health and Human Services or the commissioner's designee to promote the purchase of state-grown and processed food products at local farmers' markets and farmstands by nutritionally at-risk groups through programs administered by the Department of Health and Human Services under Title 22, chapter 851.

     Sec. 5. 7 MRSA c. 101, sub-c. 2-B, as amended, is repealed.

     Sec. 6. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 7, section 216, subsection 2, of the 3 initial appointments to the Maine Food Policy Council made pursuant to Title 7, section 216, subsection 1, paragraph B and of the 3 initial appointments made pursuant to Title 7, section 216, subsection 1, paragraph C, one member must be appointed to a term of one year, one member must be appointed to a term of 2 years and one member must be appointed to a term of 3 years.

     Sec. 7. Directive to Maine Food Policy Council. The state food policy developed by the Maine Food Policy Council under the Maine Revised Statutes, Title 7, section 216, subsection 6 must be designed to support a food supply system that:

     1. Ensures Maine residents have a safe and stable food supply free of interruption by natural or human events;

     2. Enhances the access, availability, affordability and quality of food for all its citizens;

     3. Maintains a safety net to ensure security from hunger for the State's most vulnerable citizens;

     4. Recognizes that the regular consumption of a balanced diet of nutritious foods can improve health and reduce health care costs;

     5. Is economically and environmentally sustainable;

     6. Reflects that Maine is a unique place with land, soil, a climate and fisheries conducive to the production of a wide array of food products;

     7. Promotes a fair return to all participants, provides entrepreneurial freedom and allows access to opportunity to participate in the food supply system;

     8. Increases food self-reliance through increasing production of food in Maine and increasing the consumption of Maine-produced fish and farm products;

     9. Is recognized as a vital sector of the Maine economy, enhances rural economic development and contributes positively to Maine's rural quality of life;

     10. Is supported by an adequate supply of farmland and access to working waterfronts to sustain Maine's food and fisheries industries and provide for their future growth;

     11. Is accompanied by public and consumer information on the value of a proper diet and healthy lifestyle and the benefits of Maine-produced agricultural and fish products; and

     12. Is supported by stable and consistent state policies and programs.

     Sec. 8. Development of strategic plan. In developing an initial strategic plan as required under the Maine Revised Statutes, Title 7, section 216, subsection 6, the Maine Food Policy Council shall build on the goals and recommendations of the food policy working group convened pursuant to Public Law 2005, chapter 382 by the Commissioner of Agriculture, Food and Rural Resources in 2005 and articulated in Section II and Appendix C of that group's report submitted to the Joint Standing Committee on Agriculture, Conservation and Forestry in January of 2006.

     Sec. 9. Legislative members to serve on Maine Food Policy Council. Notwithstanding the Maine Revised Statutes, Title 7, section 216, subsection 1, the Maine Food Policy Council at the time of its inception and for one year from that date consists of 15 members, 11 members appointed in accordance with Title 7, section 216, subsection 1 and 4 legislative members appointed as follows:

     1. Two members serving on the joint standing committee of the Legislature having jurisdiction over agricultural matters at the time of their appointment; one appointed by the President of the Senate and one appointed by the Speaker of the House;

     2. One member serving on the joint standing committee of the Legislature having jurisdiction over matters pertaining to marine fisheries at the time of appointment and appointed by the President of the Senate; and

     3. One member serving on the joint standing committee of the Legislature having jurisdiction over matters of health and nutrition at the time of appointment and appointed by the Speaker of the House.

Effective August 23, 2006.

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