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HomeMy WebLinkAbout2022-10-12 22-350 ORDINANCE22-350 10/12/2022 CITY COUNCIL ACTION Council Meeting Date: October 12, 2022 Item No: 22-350 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 125, Food Sovereignty, by Adding to the Purpose Section and to Require Those Who Wish to Participate to Obtain a Food Sovereignty License. Summary Once the Food Sovereignty ordinance was passed, City staff received feedback that prompted further review. The proposed amendments are in response to City Staffs review and are meant to create a mechanism for tracking usage under this ordinance to ensure compliance with our Consent Decree with the EPA. We propose that individuals who would like to participate in the program should be required to obtain a Food Sovereignty license from the City. Committee Action Committee: Government Operations Action: Staff Comments & Approvals Meeting Date: October 3, 2022 For: Against: City Manager City Solicitor finance Director Introduced for: First Reading and Referral 22-350 10/12/2022 CITY COUNCIL ORDINANCE Date: October 12, 2022 Assigned to Councilor: Okafor ORDINANCE, Amending Chapter 125, Food Sovereignty, by adding to the purpose section and to require those who wish to participate to obtain a food sovereignty license; WHEREAS, the City currently has a Consent Decree with the EPA; WHEREAS, a Food Sovereignty license would provide a mechanism for tracking usage to ensure the City is in compliance with our Consent Decree with the EPA; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 125 of the Code of the City of Bangor is amended as follows: Chapter 125 Food Sovereignty § 125-2 Purpose statement. The purpose of this ordinance is to or.,,,fe +hai .esid sits of the Goy of B i of af e pf ,idea tiff__ -pedea aeees 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 supportingfy 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. 22-350 10/12/2022 § 125-3 Definitions. As used in this ordinance, the following words have the meanings stated below: A. Direct producer -to -consumer transaction. "Direct producer -to -consumer transaction" means a face-to- face transaction involving food or food products at the site of productions of those food or food products. B. Food or food products. "Food or food products" 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. C. Site of production. "Site of production" means a premise, controlled by the producer where food or food products are produced, such as 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. D. State and City food law. "State and City food law" 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 Food Sovereignty license. 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. (a) Upon receipt of a complete application, the City Clerk or designee shall forward the application to such City departments as he or she may deem appropriate in order to determine whether a Food Sovereignty license may be granted. (b) The City Clerk or designee shall consider the application within 90 days. (c) 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. § 125-45 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 licensure under state food laws. In accordance with Section 284 of the Maine Food Sovereignty Act, the State of Maine and the City of Bangor shall not 22-350 10/12/2022 enforce state and City food laws with respect to direct producer -to -consumer transaction unless otherwise provided for under this ordinance. B. Pursuant to 7 M.R.S. § 285, the exemption provided in Subsection (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. 125-6 Suspension or revocation of license. 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. § 125-57 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 strue�k threugh. IN CITY COUNCIL OCTOBER 12, 2022 COrd 22-350 First Reading CITY CLERK IN CITY COUNCIL OCTOBER 24, 2022 COrd 22-350 Motion made and seconded for Passage Vote: 7 – 0 Councilors Voting Yes: Davitt, Leonard, Okafor, Schaefer, Sprague, Tremble, Fournier Councilors Voting No: None Passed CITY CLERK