This chapter is titled "City of Bangor Food Sovereignty Ordinance"
and is enacted pursuant to the home rule authority under 30-A M.R.S.A.
§ 3001; the Constitution of Maine, Article VIII, Part Second;
and 7 M.R.S.A. § 281 et seq.
[Amended 10-24-2022 by Ord. No. 22-350]
The purpose of this chapter is to:
A. Preserve
Bangor residents the ability to produce, process, sell, purchase and
consume locally produced foods;
B. Ensure
the preservation of family farms and traditional foodways through
small-scale farming and food productions;
C. Improve
the health and well-being of citizens of Bangor by reducing hunger
and increasing food security through improved access to wholesome,
nutritious foods by supporting family farms and encouraging sustainable
farming and fishing; and
D. 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.
As used in this chapter, the following terms have the following
meanings:
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.
SITE OF PRODUCTION
A premises controlled by the producer where food or food
products are produced, that is, a farm, homestead, or home kitchen.
The term does not include a farmers' market, community social event,
or other public venue that does not occur at the site of production.
[Amended 10-24-2022 by Ord. No. 22-350]
STATE AND CITY FOOD LAW
Any provision or rule of Title 7 or Title 22 of the Maine
Revised Statutes, or any provision of the City of Bangor Code that
regulates direct producer-to-consumer transactions.
[Added 10-24-2022 by Ord.
No. 22-350]
A. No person
shall conduct any direct producer-to-consumer transactions without
first obtaining a food sovereignty license.
B. Fees. Fees
for a food sovereignty license shall be set by Council Order in the
City's Schedule of Fees.
C. Application
process. An application for a Food Sovereignty license shall be completed
and submitted on an application form prescribed by the City Clerk.
D. City Clerk
action on application.
(1) Upon
receipt of a complete application, the City Clerk or designee shall
forward the application to such City departments as they may deem
appropriate in order to determine whether a food sovereignty license
may be granted.
(2) The
City Clerk or designee shall consider the application within 90 days.
(3) If
the City Clerk or designee finds that the applicant meets the requirements
of the application, the City Clerk or designee shall cause to be issued
a food sovereignty license.
E. Term. The
food sovereignty license shall be valid for one year, unless suspended
or revoked.
[Added 10-24-2022 by Ord.
No. 22-350]
After notice and opportunity for hearing, the City Clerk or
designee may suspend or revoke a food sovereignty license for either
violation of or failure to comply with any of the provisions of this
article or with the provisions of any other applicable code or ordinance.
To the extent that any provision of this chapter is deemed invalid
by a court of competent jurisdiction, such provision shall be removed
from the chapter and the balance of the chapter shall remain valid.