[HISTORY: Adopted by the Town of Camden 6-11-2019. Amendments noted where applicable.]
This chapter is enacted pursuant to Title 7 M.R.S.A. Chapter
8-F, the Maine Food Sovereignty Act, as may be amended, and 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 shall be known as the "Town of Camden Local Food Sovereignty
Ordinance." This chapter is not applicable to any meat or poultry
products that are required to be produced or processed in compliance
with the Maine Meat and Poultry Inspection Program per 7 M.R.S.A. § 285,
nor does it apply to any seafood products required to be produced
or processed in compliance with applicable federal or state licensing
rules and regulations applicable to seafood processing.
As used in this chapter, the following terms shall have the
meanings indicated:
The production, keeping, or maintenance for sale or lease
of plants and/or animals, including, but not limited to: forages and
sod crops, grains and seed crops, dairy animals and dairy products,
poultry and poultry products, livestock, fruits and vegetables, and
ornamental and greenhouse products.
A face-to-face transaction involving local food between a
producer or processor and a patron.
An unlicensed kitchen on a property where the producer resides,
where the local food product is processed and produced, and where
agriculture is a principal use.
Any food, food product, or drink that is grown, produced,
or processed by producers or processors for human consumption as herein
defined, who sell directly, face to face, with their patrons in a
direct producer-to-consumer transaction.
The same as "customer" and is the last person who:
Any individual who processes or prepares local food in a
residential kitchen or a farm-based kitchen.
Any farmer or gardener who grows any plant for food or drink
or raises any animal for food or drink.
An unlicensed kitchen in the home of the producer or preparer
of local food on a property where local food is processed and produced.
A.
Except for the provisions of Subsection B below, producers and processors in the Town of Camden are not subject to state licensure or inspection, provided:
(1)
Transactions are made as direct producer-to-consumer transactions;
directly, face to face, between producers or processors and patrons,
with no other party involved in the transaction.
(2)
The producer and/or processor shall provide notice to patrons, stating
the following: "This food was prepared and processed in a residential
kitchen or farm-based kitchen" by one, or a combination of, the following
methods:
B.
This chapter does not exempt, nor does it apply to, seafood, meat
and poultry producers and processors from all state and federal licensing
and inspection requirements, and the requirements as described at
Title 7 M.R.S.A. Chapter 8-F § 285.
A.
Individuals who grow, produce, process or prepare food or food products
for 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.
B.
The Town of Camden shall refer all complaints received concerning
direct producer-to-consumer transactions to the applicable federal
and/or state agency.
To the extent any provision of this chapter is deemed invalid
by a court or competent jurisdiction, such provision will be removed,
and the balance of the chapter shall remain valid.
This chapter shall be effective immediately following its enactment
by the Legislative Body of the Town of Camden.
