[HISTORY: Adopted by the Town Meeting of
the Town of Madison 6-13-2016. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Local Food
and Community Self-Governance Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
An event where people gather as part of a community for the
benefit of those gathering, or for the community, including but not
limited to a church or religious social, school event, potluck, neighborhood
gathering, library meeting, traveling food sale, fundraiser, craft
fair, farmers market and other public events.
Consumed within a private home.
Any food or food product that is grown, produced, or processed
by individuals who sell directly to their patrons through farm-based
sales or buying clubs, at farmers markets, roadside stands, fundraisers
or at community social events.
An individual who is the last person to purchase any product
or preparation directly from a processor or producer and who does
not resell the product or preparation.
Any individual who processes or prepares products of the
soil or animals for food or drink.
Any farmer or gardener who grows any plant or animal for
food or drink.
A.
Preamble.
(1)
We the people of the Town of Madison, Somerset County, Maine, have
the right to produce, process, sell, purchase and consume local foods
thus promoting self-reliance, the preservation of family farms, and
local food traditions. We recognize that family farms, sustainable
agricultural practices, and food processing by individuals, families
and noncorporate entities offers stability to our rural way of life
by enhancing the economic, environmental and social wealth of our
community. As such, our right to a local food system requires us to
assert our inherent right to self-government. We recognize the authority
to protect that right as belonging to the Town of Madison.
(2)
We have faith in our citizens' ability to educate themselves
and make informed decisions. We hold that federal and state regulations
impede local food production and constitute an usurpation of our citizens'
right to foods of their choice. We support food that fundamentally
respects human dignity and health, nourishes individuals and the community,
and sustains producers, processors and the environment. We are therefore
duty bound under the Constitution of the State of Maine to protect
and promote unimpeded access to local foods.
B.
The purpose of the local food and community self-governance chapter
is to:
(1)
Provide citizens with unimpeded access to local food;
(2)
Enhance the local economy by promoting the production and purchase
of local agricultural products;
(3)
Protect access to farmers' markets, roadside stands, farm-based
sales and direct producer to patron sales;
(4)
Support the economic viability of local food producers and processors;
(5)
Preserve community social events where local foods are served or
sold;
(6)
Preserve local knowledge and traditional foodways.
This chapter is adopted and enacted pursuant to the inherent,
inalienable, and fundamental right of the citizens of the Town of
Madison to self-government, and under the authority recognized as
belonging to the people of the Town by all relevant state and federal
laws including, but not limited to the following:
A.
The Declaration of Independence of the United States of America,
which declares that governments are instituted to secure peoples'
rights, and that government derives its just powers from the consent
of the governed.
B.
Article I, § 2 of the Maine Constitution, which declares:
"all power is inherent in the people; all free governments are founded
in their authority and instituted for their benefit, [and that] they
have therefore an unalienable and indefeasible right to institute
government and to alter, reform, or totally change the same when their
safety and happiness require it."
C.
Section 3001 of Title 30-A of the Maine Revised Statutes, which grants
municipalities all powers necessary to protect the health, safety,
and welfare of the residents of the Town of Madison.
D.
Section 1-A of Title 7 of the Maine Revised Statutes which states:
"The survival of the family farm is of special concern to the people
of the State, and the ability of the family farm to prosper, while
producing an abundance of high quality food and fiber, deserves a
place of high priority in the determination of public policy."
E.
Section 1-B of Title 7 of the Maine Revised Statutes which states:
"The survival of the family farm is of special concern to the people
of the State, and the ability of the family farm to prosper, while
producing an abundance of high quality food and fiber, deserves a
place of high priority in the determination of public policy."
F.
Section 1-B of Title 7 of the Maine Revised Statutes which states:
"...The preservation of rural life and values in the State {is} the
joint responsibility of all public agencies, local, state and federal,
whose policies and programs substantially impact the economy and general
welfare of people who reside in rural Maine, such as the development
and implementation of programs that assist in the maintenance of family
farms { ...}, and improve health and nutrition. The state agencies
in addition to the department include, but are not limited to, the
Department of Education, Department of Health and Human Services,
Department of Labor and the Department of Agriculture, Conservation
and Forestry."
G.
Section 201-A of Title 7-A of the
Maine Revised Statutes which states: "It is the policy of the State
to encourage food self-sufficiency for its citizens. The department
(Department of Agriculture, Conservation and Forestry) shall support
policies that:
3.
Improved health and well-being. Improve the health
and well-being of citizens of this State by reducing hunger and increasing
food security through improved access to wholesome, nutritious foods
by supporting family farms and encouraging sustainable farming and
fishing;
4.
Self-reliance and personal responsibility. Promote self-reliance
and personal responsibility by ensuring the ability of individuals,
families and other entities to prepare, process, advertise and sell
foods directly to customers intended solely for consumption by the
customers or their families."
A.
Licensure/inspection exemption.
(1)
Producers or processors of local foods in the Town of Madison are
exempt from licensure and inspection, provided that the transaction
is only between the producer or processor and a patron when the food
is sold for home consumption. This includes any producer or processor
who sells his or her products at farmers' markets or roadside
stands; sells his or her products through farm-based sales directly
to a patron; or delivers his or her products directly to patrons.
(2)
Producers or processors of local foods in the Town of Madison are
exempt from licensure and inspection, provided that their products
are prepared for, consumed, or sold at a community social event.
B.
Right to access and produce food. Madison citizens possess the right
to save and exchange seed; produce, process, sell, purchase, and consume
local foods of their choosing.
C.
Right to self-governance. All citizens of Madison possess the right
to a form of governance which recognizes that all power is inherent
in the people, that all free governments are founded on the people's
authority and consent.
D.
Right to enforce. Madison citizens possess the right to adopt measures
which prevent the violation of the rights enumerated in this chapter.
The following restrictions and provisions serve to implement
the preceding statements of law.
A.
State and federal law. It shall be unlawful for any law or regulation
adopted by the state or federal government to interfere with the rights
recognized by this chapter. It shall be unlawful for any corporation
to interfere with the rights recognized by this chapter. The term
"corporation" shall mean any business entity organized under the laws
of any state or country.
B.
Patron liability protection. Patrons purchasing food for home consumption
may enter into private agreements with those producers or processors
of local foods to waive any liability for the consumption of that
food. Producers or processors of local foods shall be exempt from
licensure and inspection requirements for that food as long as those
agreements are in effect.
The Town of Madison may enforce the provisions of this chapter
through seeking equitable relief from a court of competent jurisdiction.
Any individual citizen of the Town of Madison shall have standing
to vindicate any rights secured by this chapter which have been violated
or which are threatened with violation, and may seek relief both in
the form of injunctive and compensatory relief from a court of competent
jurisdiction.
The foundation for making and adoption of this law is the peoples'
fundamental and inalienable right to govern themselves, and thereby
secure their rights to life, liberty, and the pursuit of happiness.
Any attempt to use other units and levels of government to preempt,
amend, alter or overturn this chapter or parts of this chapter shall
require the Town to hold public meetings that explore the adoption
of other measures that expand local control and the ability of citizens
to protect their fundamental and inalienable right to self-government.
This chapter shall be effective immediately upon its enactment.
To the extent any provision of this chapter is deemed invalid
by a court of competent jurisdiction, such provision will be removed
from this chapter, and the balance of this chapter shall remain valid.
All inconsistent provisions of prior ordinances adopted by the
Town of Madison are hereby repealed, but only to the extent necessary
to remedy the inconsistency.
Nothing in this chapter shall be construed as authorizing any
activities or actions that violate human rights protected by the United
States Constitution or the Constitution of the State of Maine.