[HISTORY: Adopted by the Town of Bethel 6-9-2021. Amendments noted where applicable.]
This chapter shall be known as the "Food Sovereignty Ordinance."
A.
We the people
of the Town of Bethel, Oxford County, Maine have the right to produce,
process, sell, purchase and consume local food thus promoting self-reliance,
the preservation of the family farm, and local food traditions. We
recognize that family farms, sustainable agriculture 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 Bethel.
B.
Pursuant
to the home rule authority granted to municipalities by Title 30-A,
Section 3001 and by the Constitution of Maine, Article VIII, Part
Second, and notwithstanding any provision of state food law to the
contrary, a municipality may adopt ordinances regarding direct producer-to-consumer
transactions and the state shall recognize such ordinances by not
enforcing those state food laws with respect to those direct producer-to-consumer
transactions that are governed by the ordinance. (7 M.R.S.A. § 6283)
The Purpose of this Food Sovereignty chapter is to:
A.
Provide
citizens with unimpeded access to local food;
B.
Enhance
the local economy by promoting the production and purchase of local
agricultural products;
C.
Protect
access to roadside stands, farm-based sales, and direct producer-to-patron
sales;
D.
Support
the economic viability of local food producers and processors;
E.
Preserve
local knowledge and traditional ways.
A.
Licensure/inspection exemption. Producers and processors of local food intended for direct producer-to-consumer transactions in the Town of Bethel shall be exempt from state and Town licensure and inspection under state and municipal food laws, provided that the requirements in § 33-5 below are met.
B.
Livestock and poultry. In accordance with 7 M.R.S.A. § 285, the exemption provided in § 33-4A of this chapter does not apply to any meat or poultry product inspection and licensing requirements that are specified under 22 M.R.S.A. Chapter 562, A Preparation of Livestock and Poultry Products for Human Consumption, and applicable Federal Acts.
C.
Compliance
with food safety regulations. Producers and processors who prepare
food or food products for purposes other than direct producer-to-consumer
transactions shall grow, produce, process or prepare the food or food
products in compliance with all applicable state and federal food
safety laws, rules and regulations, without exception.
A.
Patron liability
protection. Patrons purchasing food directly from producers 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.
(1)
Producers
shall inform their patrons that their products are not from licensed
facilities. This information shall be available in the form of a sign
at least three inches by five inches displayed at the point of sale.
B.
Municipal
liability protection. The Town of Bethel assumes no liability for
any products utilized under this chapter. Nothing within this chapter
indemnifies the producer or the processors from liability for their
products.
This chapter shall be effective immediately upon its enactment.
As used in this chapter, the following terms shall have the
meanings indicated:
A face-to-face transaction involving food or food products
at the site of production of those food or food products.
Food or food products intended for human consumption, including,
but not limited to, milk or milk products, meat or meat products,
poultry or poultry products, fish or fish products, seafood or seafood
products, cider or juice, acidified foods or canned fruits or vegetables.
Any food or food product that is grown, produced, or processed
in Maine by individuals who sell directly to their patrons at the
site of production of those food or food products.
An informed individual who acquires local food directly from
a processor or producer and who does not resell the product.
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.
