22 §2151. Short title
§2151. Short title This subchapter shall be known and may be cited as the “Maine Food Law.”
22 §2152. Definitions
§2152. Definitions As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings. [PL 1979, c. 541, Pt. A, §146 (AMD).] 1. Advertisement. “Advertisement” means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are […]
22 §2153-A. Confidentiality of certain information
§2153-A. Confidentiality of certain information The following information is confidential and may not be disclosed to the public: [PL 2009, c. 393, §9 (NEW).] 1. United States Department of Agriculture, Food Safety and Inspection Service. Information provided to the department or to any employee of the department by the United States Department of Agriculture, […]
22 §2153. Powers of commissioner
§2153. Powers of commissioner The authority to promulgate, in a manner consistent with the Maine Administrative Procedure Act, regulations for the efficient enforcement of this subchapter is vested in the Commissioner of Agriculture, Conservation and Forestry. The commissioner is authorized to make the regulations promulgated under said subchapter conform in so far as practicable with […]
22 §2154. Regulations
§2154. Regulations Whenever in the judgment of the Commissioner of Agriculture, Conservation and Forestry such action will promote honesty and fair dealing in the interest of consumers, the commissioner shall promulgate regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity, or reasonable standard of quality or […]
22 §2155-A. Prohibitions and penalties
§2155-A. Prohibitions and penalties 1. Prohibitions. A person may not: A. Manufacture, sell or deliver, hold or offer for sale any food that is adulterated or misbranded; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Violate paragraph A after having previously violated this subsection; […]
22 §2155. Prohibitions (REPEALED)
§2155. Prohibitions (REPEALED) SECTION HISTORY PL 1981, c. 470, §A86 (AMD). PL 1987, c. 174, §§2-4 (AMD). PL 1989, c. 376 (AMD). PL 1995, c. 276, §2 (AMD). PL 2003, c. 452, §K12 (RP). PL 2003, c. 452, §X2 (AFF).
22 §2156. Adulteration
§2156. Adulteration A food shall be deemed to be adulterated: 1. Poisonous or deleterious substance. A. If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such food shall not be considered adulterated under this paragraph […]
22 §2157. Misbranded food
§2157. Misbranded food A food shall be deemed to be misbranded: 1. False or misleading label. If its labeling is false or misleading in any particular; 2. Sale under another name. If it is offered for sale under the name of another food or under a name not permitted by Title 12, section […]
22 §2158-A. Food, food additives and food products containing hemp not adulterated
§2158-A. Food, food additives and food products containing hemp not adulterated Notwithstanding any provision of law to the contrary, food, food additives or food products that contain hemp, including cannabidiol derived from hemp, are not considered to be adulterated under this subchapter based solely on the inclusion of hemp or cannabidiol derived from hemp. The […]
22 §2158-B. Food, food additives and food products containing adult use cannabis not adulterated
§2158-B. Food, food additives and food products containing adult use cannabis not adulterated Notwithstanding any provision of law to the contrary, food, food additives or food products that contain adult use cannabis are not considered to be adulterated under this subchapter based solely on the inclusion of adult use cannabis. For the purposes of this […]
22 §2158. Addition of certain substances limited
§2158. Addition of certain substances limited Any poisonous or deleterious substance added to any food, except where such substance is required in the production thereof or cannot be avoided by good manufacturing practice, must be deemed to be unsafe for purposes of the application of section 2156, subsection 1, paragraph B; but when such substance […]
22 §2159. Articles detained, embargoed and condemned
§2159. Articles detained, embargoed and condemned Whenever a duly authorized agent of the Commissioner of Agriculture, Conservation and Forestry finds or has reason to believe that any food is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this subchapter, the duly authorized agent of the commissioner may issue an […]
22 §2160. Notice
§2160. Notice Nothing in this subchapter shall be construed as requiring the Commissioner of Agriculture, Conservation and Forestry to report for the institution of proceedings under said subchapter minor violations of said subchapter, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. […]
22 §2161. Storage and transportation of frozen foods
§2161. Storage and transportation of frozen foods No person, firm or corporation engaged in the business of freezing, storing or transporting frozen foods shall store or transport such foods within this State unless they are stored or transported under suitable refrigeration which shall insure good keeping qualities and under temperatures and holding conditions approved by […]
22 §2162. Packing of food; permit; inspection
§2162. Packing of food; permit; inspection The Commissioner of Agriculture, Conservation and Forestry shall, upon application for permit and receipt of such fee as the commissioner considers necessary from any food packer or processor, inspect all operations of the packer or processor for compliance with this subchapter and shall cause the same law to be […]
22 §2163. Sale of horsemeat prohibited
§2163. Sale of horsemeat prohibited A person, firm, corporation or officer, agent or employee thereof within the State may not transport, receive for transportation, sell or offer for sale or distribution any equine meat or food products thereof or serve, expose or offer for sale or distribution, either in any public place or elsewhere, any […]
22 §2164. Access to buildings
§2164. Access to buildings The Commissioner of Agriculture, Conservation and Forestry or the commissioner’s duly authorized agent must have free access at all reasonable hours to any factory, warehouse or establishment in which foods are manufactured, processed, packed or held for introduction into commerce, or to enter any vehicle being used to transport or hold […]
22 §2165. Injunctions
§2165. Injunctions In addition to the remedies provided, the Commissioner of Agriculture, Conservation and Forestry is authorized to apply to the Superior Court and such court has jurisdiction upon hearing and for cause shown to grant a preliminary or permanent injunction restraining any person from violating any provision of section 2155-A. [RR 2003, c. […]
22 §2166. Penalties (REPEALED)
§2166. Penalties (REPEALED) SECTION HISTORY PL 1979, c. 731, §19 (AMD). PL 1985, c. 49, §2 (AMD). PL 1991, c. 230, §2 (AMD). PL 2003, c. 452, §K14 (RP). PL 2003, c. 452, §X2 (AFF).