Food Sovereignty Revisited

Training for: Legal Notes

Since we first reported on the new Maine Food Sovereignty Act a few months ago (see “Local Food Sovereignty,” Maine Townsman, Legal Notes, December 2017), we’ve received a number of requests for a sample food sovereignty ordinance.

As we wrote then, MMA does not have and does not anticipate preparing a one-size-fits-all model ordinance, in part because different communities are apt to have differing ordinance objectives. Instead, we recommended (and still do) that interested municipalities work with local legal counsel to draft an ordinance that both meets local objectives and conforms to the statute.

On this last point, we’ve seen a number of food sovereignty ordinances enacted before the new law took effect. We’ve also seen several sample food sovereignty ordinances posted on food sovereignty websites. None of the ordinances we’ve seen so far comply with the limitations in the Maine Food Sovereignty Act. Moreover, municipalities have no legal authority to exceed these limitations.

Specifically, the Act excludes meat and poultry products (see 7 M.R.S.A. § 285). Municipalities cannot legally exempt meat or poultry sales from State food safety laws, and any ordinance that purports to do so is legally invalid in that respect.

Also, the Act applies only to face-to-face sales between producer and consumer and only at the site of production of the food or food product (see 7 M.R.S.A. § 282(1)). In other words, only direct sales between producer and consumer at the farm or facility where the food or food product was produced can be exempted from State food safety laws. Farmers’ markets and other non-farm venues such as fairs, festivals and so forth do not qualify for the exemption. Again, any ordinance that purports to exempt any type or situs of sales other than those expressly authorized by the Act is legally invalid to that extent.

It is critical that local food sovereignty advocates and anyone drafting a food sovereignty ordinance understand these statutory limitations. It is also crucial that they be incorporated into the ordinance, preferably by citations to the Act itself. The failure to understand and incorporate these limitations in the ordinance will likely lead to broad misconceptions about the law and to widespread non-compliance. It will also likely result in intervention and enforcement action by State food safety authorities.

For those municipalities that adopted food sovereignty ordinances before the current law was enacted, we strongly recommend that these ordinances be updated by amendment to comply with the Act’s limitations.

Since we first reported on the new Maine Food Sovereignty Act a few months ago (see “Local Food Sovereignty,” Maine Townsman, Legal Notes, December 2017), we’ve received a number of requests for a sample food sovereignty ordinance.

As we wrote then, MMA does not have and does not anticipate preparing a one-size-fits-all model ordinance, in part because different communities are apt to have differing ordinance objectives. Instead, we recommended (and still do) that interested municipalities work with local legal counsel to draft an ordinance that both meets local objectives and conforms to the statute.

On this last point, we’ve seen a number of food sovereignty ordinances enacted before the new law took effect. We’ve also seen several sample food sovereignty ordinances posted on food sovereignty websites. None of the ordinances we’ve seen so far comply with the limitations in the Maine Food Sovereignty Act. Moreover, municipalities have no legal authority to exceed these limitations.

Specifically, the Act excludes meat and poultry products (see 7 M.R.S.A. § 285). Municipalities cannot legally exempt meat or poultry sales from State food safety laws, and any ordinance that purports to do so is legally invalid in that respect.

Also, the Act applies only to face-to-face sales between producer and consumer and only at the site of production of the food or food product (see 7 M.R.S.A. § 282(1)). In other words, only direct sales between producer and consumer at the farm or facility where the food or food product was produced can be exempted from State food safety laws. Farmers’ markets and other non-farm venues such as fairs, festivals and so forth do not qualify for the exemption. Again, any ordinance that purports to exempt any type or situs of sales other than those expressly authorized by the Act is legally invalid to that extent.

It is critical that local food sovereignty advocates and anyone drafting a food sovereignty ordinance understand these statutory limitations. It is also crucial that they be incorporated into the ordinance, preferably by citations to the Act itself. The failure to understand and incorporate these limitations in the ordinance will likely lead to broad misconceptions about the law and to widespread non-compliance. It will also likely result in intervention and enforcement action by State food safety authorities.

For those municipalities that adopted food sovereignty ordinances before the current law was enacted, we strongly recommend that these ordinances be updated by amendment to comply with the Act’s limitations.