[HISTORY: Adopted by the City Council of the City of Sanford 4-2-2019 by Order No. 18-540-01. Amendments noted where applicable.]
This chapter is intended to provide Sanford residents unimpeded access to local food and to reduce regulation of local foods to the extent permitted by 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.
As used in this chapter, unless the context otherwise indicates, the following terms have the meanings stated below:
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
Any food or food product 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. Food or food products does not include any form of marijuana or marijuana products authorized under Title 22 M.R.S.A., Chapter 558-C, Maine Medical Use of Marijuana Act, or Title 28-B M.R.S.A., Chapter 1, Adult Use Marijuana.
STATE AND CITY FOOD LAW
Any provision of Title 7 or Title 22 of the Maine Revised Statutes, associated state administrative rules, or the City of Sanford Code that regulates direct producer-to-consumer transactions.
Producers and processors of local food intended for direct producer-to-consumer transactions in the City shall be exempt from State and City licensure and inspection under State and City food laws. In accordance with 7 M.R.S.A. § 284 of the Maine Food Sovereignty Act, the City shall not enforce State and City food laws with respect to direct producer-to-consumer transactions.
In accordance with 7 M.R.S.A. § 285 of the Maine Food Sovereignty Act, the exemption provided in § 129-3 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.
Exemption from licensure and inspection within the Food Sovereignty Ordinance pertains only to food or food products and does not create an exemption from the standards and provisions of home occupation in § 280-2-2, except that the limit on sales in § 280-2-2, Home occupation, Subsection G and the need for inspections associated with code compliance and contamination of processes or products pursuant to § 280-2-2, Home occupation, Subsection H and § 149-1.11 shall not be required. Notwithstanding the allowance in § 280-2-2, Home occupation, Subsection C, no signs advertising a food sovereignty operation are allowed. All other provisions of home occupancy in Chapter 280, Zoning, shall apply.