CHAPTER 270
H.P. 990 - L.D. 1426
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §2900, sub-§5, as enacted by PL 1999, c. 679, Pt. A, §1, is repealed.
Sec. 2. 7 MRSA §2900, sub-§6, as enacted by PL 1999, c. 679, Pt. A, §1, is amended to read:
6. Heat treated. "Heat treated" or "heat-treated" means processed by heating every particle of milk to a temperature of 145 degrees Fahrenheit for at least 30 minutes using a double boiler.
Sec. 3. 7 MRSA §2902-B, as repealed and replaced by PL 2003, c. 452, Pt. B, §18 and affected by Pt. X, §2, is amended to read:
§2902-B. Sale of unpasteurized milk and milk products
1. Sale of unpasteurized milk or milk product. A person may not sell unpasteurized milk or a product made from unpasteurized milk, including heat-treated cheese, unless the label on that product contains the words "not pasteurized."
2. Sale of unpasteurized milk or milk product at eating establishment. A Except as provided in subsection 4, a person may not sell unpasteurized milk or a product made from unpasteurized milk at an eating establishment as defined in Title 22, section 2491, subsection 7.
3. Exception. This section does not apply to farm cheese or to cheese that has been aged at a temperature above 35 degrees Fahrenheit for at least 60 days prior to sale.
4. Sale of heat-treated cheese at eating establishment. Notwithstanding subsection 2, heat-treated cheese may be offered for consumption at an eating establishment as defined in Title 22, section 2491, subsection 7 provided the menu identifies items on the menu that contain or are made with heat-treated cheese and provides notice that heat-treated cheese is not pasteurized using the words "not pasteurized" on the menu.
Sec. 4. 7 MRSA §2904-A, as amended by PL 1999, c. 418, §3, is repealed.
Sec. 5. 7 MRSA §2906, as amended by PL 1999, c. 679, Pt. A, §9, is further amended to read:
The district attorney for the county in which any violation of sections 2901-A to 2904-A 2903-B has occurred shall, if requested, assist the commissioner in suits arising under those sections.
Sec. 6. 7 MRSA §2907, as amended by PL 1999, c. 679, Pt. A, §10, is further amended to read:
The District Court and the Superior Court have concurrent jurisdiction in cases arising under sections 2901-A to 2904-A 2903-B.
Sec. 7. 7 MRSA §2908-A, sub-§1, as enacted by PL 2003, c. 452, Pt. B, §20 and affected by Pt. X, §2, is amended to read:
1. Violation. A firm, person, corporation or society may not sell milk or milk products in the State without the license or permits provided in sections 2901-C and 2902-A, violate sections 2901-A to 2904-A 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. 8. 7 MRSA §2910-A, as enacted by PL 1999, c. 679, Pt. A, §13, is amended to read:
§2910-A. Injunctions by commissioner
In addition to any other remedy for the enforcement of sections 2901-C to 2904-A 2903-B or a rule, order or decision by the commissioner adopted or issued pursuant to this chapter, the commissioner is authorized to apply to the Superior Court for a preliminary or permanent injunction restraining any person from violating any provision of sections 2901-C to 2904-A 2903-B or any rule, order or decision of the commissioner adopted or issued pursuant to this chapter. The Superior Court has jurisdiction upon hearing and for good cause shown to grant a preliminary or permanent injunction. In case of violation of an injunction issued under this section, the court may cite the person for contempt of court. The existence of either civil or criminal remedies is not a defense in this proceeding. The commissioner is not required to give or post a bond when making an application for an injunction under this section.
Effective September 17, 2005.
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