[HISTORY: Adopted by the City Council of the City of Bangor 7-25-2022 by Ord. No. 22-255. Amendments noted where applicable.]
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:
DIRECT PRODUCER-TO-CONSUMER TRANSACTION
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
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[1]]
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.
[1]
Editor's Note: This ordinance also renumbered former § 125-4 as § 124-5.
A. 
Producers or processors of food or food products intended for direct producer-to-consumer transactions in the City of Bangor shall be exempt from state and City licensure under state and City food laws. In accordance with Section 284 of the Maine Food Sovereignty Act,[1] the State of Maine and the City of Bangor shall not enforce state and City food laws with respect to direct producer-to-consumer transactions unless otherwise provided for under this chapter.
[Amended 10-24-2022 by Ord. No. 22-350]
[1]
Editor's Note: See 7 M.R.S.A. § 284.
B. 
Pursuant to 7 M.R.S.A. § 285, the exemption provided in § 125-4A above does 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. All such transactions remain subject to state inspection and licensing under applicable federal acts.
[Added 10-24-2022 by Ord. No. 22-350[1]]
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.
[1]
Editor's Note: This ordinance also renumbered former § 125-5 as § 125-7.
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.