This chapter is titled the "Town of Wales Food Sovereignty Ordinance" and is enacted pursuant to the Town's home rule authority, as provided in 30-A M.R.S.A. § 3001; the Constitution of Maine, Article VIII, Part Second; and 7 M.R.S.A. § 284, all as may be amended from time to time.
[HISTORY: Adopted by the Town Meeting of the Town of Wales 6-8-2019. Amendments noted where applicable.]
The purposes of this chapter are to ensure that residents of the Town of Wales are provided unimpeded access to local food or food products and to reduce governmental regulation of direct producer-to-consumer transactions of locally produced food or food products to the fullest extent permitted by law.
[Amended 6-13-2026]
As used in this chapter, the following terms shall have the following meanings:
Any individual who purchases or otherwise receives food or food products from a producer, grower or processor.
An exchange of food or food products directly between a food producer and a consumer by barter, trade or purchase on the property or premises owned, leased or rented by the food producer; at roadside stands, fund-raisers, farmers markets and community social events; or through buying clubs, deliveries or community-supported agriculture programs, herd-share agreements and other private arrangements.
Food or food products that are grown, produced, processed or prepared for human consumption, including, but not limited to, vegetables, fruit, 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 individual who grows food or food products.
Any individual who processes or prepares food or food products.
Any individual who produces food or food products.
A premises controlled by the producer where food or food products are produced, such as 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.
A.
Notwithstanding any other provision of the ordinances of the Town of Wales to the contrary, producers, growers, and processors of food or food products in the Town are exempt from licensure and inspection with respect to their direct producer-to-consumer transactions conducted exclusively at the site of production.
B.
The exemption provided in this section shall not apply to any transactions involving meat, meat products, poultry or poultry products as those terms are defined in 22 M.R.S.A. § 2511, as may be amended from time to time. All such transactions remain subject to state inspection and licensing pursuant to Chapter 562-A of Title 22 of the Maine Revised Statutes and the rules adopted thereunder, both as may be amended from time to time.
This chapter shall be enforced by the Code Enforcement Officer. Violation of this chapter shall be a civil violation subject to a fine. The fine for a violation of this chapter shall be not less than $100 nor more than $500 for each offense. Each act of violation and every day that any such violation shall occur shall constitute a separate offense. In addition to the fines provided herein, the Town may enjoin or abate any violation of this chapter by appropriate action.
Should any section or provision of this chapter be declared to be invalid by a court of competent jurisdiction, such decision shall not invalidate any other section or provision of this chapter.
Amendments to this chapter may be made by a majority vote of the Town at any Wales Town Meeting and shall take effect upon enactment unless otherwise specified.
This chapter shall become effective upon its adoption.