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HomeMy WebLinkAbout2022-07-11 22-255 ORDINANCE 22-255 07/11/2022 CITY COUNCIL ACTION Council Meeting Date: July 11, 2022 Item No: 22-255 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending the Code of the City of Bangor to Add Chapter 125 Î Food Sovereignty Summary In 2017, Maine passed the Maine Food Sovereignty Act (Ðthe ActÑ) that allows municipalities to pass local food regulations that circumvent state laws with some exceptions. The purpose of the Act is to ensure unimpeded access to local food and food products and to reduce governmental regulation of direct producer-to-consumer transactions of locally produced food and food products. The proposed ordinance allows individuals to sell food or food products directly to consumers without having to obtain a license or undergo an inspection with the exception of meat and poultry products. Committee Action Committee: Government Operations Committee Meeting Date: Action: For: Against: Staff Comments & Approvals Finance City Manager City Solicitor Director Introduced for: First Reading and Referral 22-255 07/11/2022 CITY COUNCIL ORDINANCE Date: July 11, 2022 Assigned to Councilor: Okafor ORDINANCE, Amending the Code of the City of Bangor to Add Chapter 125 Î Food Sovereignty WHEREAS, Maine enacted the Maine Food Sovereignty Act (Ðthe ActÑ) in 2017; WHEREAS, the Act gives municipalities the ability to adopt ordinances regarding direct producer-to-consumer transaction that do not include meat or poultry without the State enforcing state food laws with respect to those direct producer-to-consumer transactions governed by the ordinances; WHEREAS, the Act gives municipalities the right to adopt ordinances regarding direct producer-to-consumer transactions; WHEREAS, the Act directs the State to recognize such ordinances by not enforcing state food laws with respect to those direct producer-to-consumer transactions governed by the ordinances; WHEREAS, the Act does not give municipalities the right to adopt ordinances regarding direct producer-to- consumer transaction that include meat or poultry; WHEREAS, the Act permits the State to enforce all state food laws the ensure the requirements of the StateÓs meat and poultry products inspection, registration and licensing program are at least equal to the applicable requirements specified under applicable federal acts; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT The Code of the City of Bangor is amended to add Chapter 125 as follows: CHAPTER 125. FOOD SOVEREIGNTY § 125-1 Title and Authority. This ordinance is titled ÐCity of Bangor Food Sovereignty OrdinanceÑ and is enacted pursuant to the home rule authority under 30-A M.R.S. § 3001; the Constitution of Maine, Article VIII, Part Second; and 7 M.R.S. § 281 . § 125-2 Purpose Statement. The purpose of this ordinance is to ensure that residents of the City of Bangor 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. 22-255 07/11/2022 § 125-3 Definitions. As used in this Chapter, the following terms have the following meanings: DIRECT PRODUCER-TO-CONSUMER TRANSACTION ÐDirect producer-to-consumer transactionÑ means a face-to-face transaction involving food or food products at the site of productions of those food or food products. FOOD OR FOOD PRODUCTS. ÐFood or food productsÑ means 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. ÐSite of productionÑ means 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 farmersÓ market, community social event, or other public venue that does not occur at the site of production. STATE AND CITY FOOD LAW. ÐState and City food lawÑ means 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. § 125-4 License and Inspection Exemptions. 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, 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. B. Pursuant to 7 M.R.S. § 285, the exemption provided in Section 4(A) 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. § 2511. All such transactions remain subject to state inspection and licensing under applicable federal acts. § 125-5 Severability. To the extent that any provision of this ordinance is deemed invalid by a court of competent jurisdiction, such provision shall be removed from the ordinance and the balance of the ordinance shall remain valid. Additions are underlined, deletions struck through. IN CITY COUNCIL JULY 11, 2022 COrd 22-255 First Reading CITY CLERK IN CITY COUNCIL JULY 25, 2022 COrd 22-255 Motion made and seconded for Passage Vote: 8 – 0 Councilors Voting Yes: Davitt, Hawes, Leonard, Okafor, Schaefer, Sprague, Yacoubagha, Fournier Councilors Voting No: None CITY CLERK