‘An Act To Exempt Dairy Farms That Sell Certain Milk and Milk Products at the Site of Production from Licensing and Inspection’
| HP1278 LD 1786 |
Session - 126th Maine Legislature C "A", Filing Number H-761, Sponsored by
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LR 2736 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Exempt Dairy Farms That Sell Certain Milk and Milk Products at the Site of Production from Licensing and Inspection’
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 7 MRSA §2900, sub-§14, as enacted by PL 1999, c. 679, Pt. A, §1, is amended to read:
Sec. 2. 7 MRSA §2901-A, as amended by PL 1999, c. 679, Pt. A, §3, is further amended to read:
§ 2901-A. Standards and labeling
Notwithstanding any other requirements of this chapter and except as provided by section 2902-B, milk and milk products, defined in accordance with standards then in effect that have been adopted by the United States Government and labeled in conformity with labeling requirements then in effect that have been adopted by the United States Government, are considered to conform with the definitions and labeling requirements set forth in this chapter; except that containers of milk and cream packaged in Maine must also bear the name and address of the Maine licensed milk distributor and sufficient information to identify the milk plant where packaged.
Sec. 3. 7 MRSA §2901-C, first ¶, as enacted by PL 1999, c. 679, Pt. A, §5, is amended to read:
A person required to obtain a permit or license under this section, section 2902-A or rules adopted under section 2910 or pursuant to former section 2902 may not sell, transport or transfer milk or milk products prior to obtaining the appropriate license or permit.
Sec. 4. 7 MRSA §2901-C, sub-§§6 and 7 are enacted to read:
(1) Meets all labeling requirements under chapter 101, subchapter 5 and sections 2902-B and 2910;
(2) Has a label containing the name, address and phone number of the milk distributor; and
(3) Has a label with the following statement: "This food has been produced by a milk distributor that is exempt from licensing and inspection by the State of Maine."
Sec. 5. 7 MRSA §2902-B, sub-§3, as amended by PL 2005, c. 270, §3, is further amended to read:
Sec. 6. 7 MRSA §2902-B, sub-§5, as reallocated by PL 2005, c. 683, Pt. A, §12, is amended to read:
SUMMARY
This amendment, which is the majority report, strikes and replaces the bill. The amendment provides that the term "unpasteurized" has the same meaning as "not pasteurized." Current law defines a "milk distributor" as any person who offers for sale or sells to another person any milk or milk products in their final form. The amendment provides that a milk distributor who sells unpasteurized milk or an unpasteurized milk product is exempt from licensing requirements if the following conditions are met.
1. The sale of the unpasteurized milk or unpasteurized milk product in its final form is made directly to the end consumer on the premises of the dairy farm, including a farm stand or eating establishment located on property contiguous to the dairy farm.
2. The milk distributor allows each person who purchases unpasteurized milk or unpasteurized milk product to visually inspect the dairy farm where the unpasteurized milk or an unpasteurized milk product is produced. The milk distributor may require a person who chooses to inspect the dairy farm to follow sanitary procedures determined by the milk distributor.
3. The milk distributor does not promote the unpasteurized milk or unpasteurized milk product in any manner other than in person or a face-to-face exchange between the milk distributor and the end consumer.
4. Prior to selling unpasteurized milk or an unpasteurized milk product, the milk distributor must complete a course on the sanitation of milk offered by the University of Maine Cooperative Extension. The milk distributor must complete this course at least every 3 years.
5. The milk distributor must sample source water and recirculating water on the dairy farm at least once a year, maintain records of all sampling results at the dairy farm and post the most recent sampling result in a conspicuous place in locations where sales may occur. This requirement does not apply if the dairy farm's water is from a public source.
6. The unpasteurized milk or unpasteurized milk product must be sold in a package that meets applicable labeling requirements in law and has a label containing the name, address and phone number of the milk distributor and the following statement: "This food has been produced by a milk distributor that is exempt from licensing and inspection by the State of Maine."
The amendment also provides that the Commissioner of Agriculture, Conservation and Forestry may inspect a dairy farm when investigating an outbreak of foodborne illness.