POLICY DATABASE
Madison, Me., Code, ch. 245 (2016)
Brief Summary
The town declares its right to food self-governance, stating that local producers and processors are exempt from food inspections and licensing requirements for food sold directly to customers (including through farmers' markets, farm stands, or roadside stands, or delivered to the customer), or for foods prepared for, sold, or consumed at a community social event. The town claims a right to access and produce food, self-governance, and enforcement. The law purports to immunize itself from preemption by state or federal law. It also allows food producers and processors to seek waivers of liability for harms from customers.
Legal Strategies
Provides education, promotes awareness, or provides information.
Expressly allows something.
Reach
Community-wide
Food System Category: Grow, Get
State: Maine
Jurisdiction Type: City
Jurisdiction Name: Madison
Does the law refer to priority populations in some way?
No.
Does the law refer to or suggest a goal related to improving or protecting health?
Unclear. "Refers to the fact that it is state policy to support ""improved health and well being,"" § 245-4 (G)(3). ".
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. Local food production and use is the focus of this law.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. Stated purposes of law include: "Enhance the local economy by promoting the production and purchase of local agricultural products;" and "Support the economic viability of local food producers and processors." § 245-3 (B)(2) and (4).
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. Stated purpose is to "protect and promote unimpeded access to local foods." Specific purposes are: "(1) Provide citizens with unimpeded access to local food; (2) Enhance the local economy by promoting the production and purchase of local agricultural products; (3) Protect access to farmers' markets, roadside stands, farm-based sales and direct producer to patron sales; (4) Support the economic viability of local food producers and processors; (5) Preserve community social events where local foods are served or sold; (6) Preserve local knowledge and traditional foodways." § 245-3 (B).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 245-2.
Does the law address implementation in some way?
Unclear. There is a section called "Statement of law: implementation" but it seems to be more of a declaration that federal and state law can't interfere with this law, and allows customers and local food producers and processors to enter into private agreements to waive the producer's/processor's liability (presumably for food safety harms or sicknesses). Sec. 245-6.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
No.
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Part II, Regulatory Ordinances; Chapter 245, Local Food and Community Self-Governance.