§415. Farmers' market

1.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Farmers' market" means a building, structure or place used by 2 or more farmers for the direct sale of farm and food products to consumers, at which all sellers of farm and food products meet the requirements of subsection 2, paragraph B.   [PL 2009, c. 547, §1 (AMD).]

B. "Farm and food products" means any agricultural, horticultural, forest or other product of the soil or water, including, but not limited to, fruits, vegetables, eggs, dairy products, meat and meat products, poultry and poultry products, fish and fish products, grain and grain products, honey, nuts, maple products, apple cider, fruit juice, malt liquor, wine, ornamental or vegetable plants, nursery products, fiber or fiber products, firewood and Christmas trees.   [PL 2011, c. 280, §1 (AMD).]

[PL 2011, c. 280, §1 (AMD).]

2.  Prohibitions.  The following acts are prohibited.

A. A person may not use the term "farmers' market" to describe a market or other sales location that does not meet the terms of the definition set forth in subsection 1.   [PL 1993, c. 138, §1 (NEW).]

B. A person may not sell farm and food products at a market labeled "farmers' market" unless at least 75% of the products offered by that person were grown or processed by that person or under that person's direction. A product not grown or processed by that person or under that person's direction must have been grown or processed by and purchased directly from another farmer and the name and location of the farm must be identified on the product or on a sign in close proximity to the displayed product.   [PL 2009, c. 547, §2 (AMD).]

[PL 2009, c. 547, §2 (AMD).]

3.  Penalty.  A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $200 may be adjudged.

[PL 1993, c. 138, §1 (NEW).]

4.  Relationship to farmers' market rules.  This section does not prohibit a market from imposing more stringent requirements on its sellers than those imposed by subsection 2, paragraph B.

[PL 1993, c. 138, §1 (NEW).]

5.  Enforcement; prima facie evidence.  The commissioner or an agent of the commissioner may request proof of the origin of a product for the purpose of enforcing this section. Failure to provide written documentation or other reasonable proof upon request as to the origin of the products offered for sale at a farmers' market is prima facie evidence that a person is in violation of this section.

[PL 2005, c. 512, §6 (NEW).]

SECTION HISTORY

PL 1993, c. 138, §1 (NEW). PL 2005, c. 512, §§5,6 (AMD). PL 2009, c. 547, §§1, 2 (AMD). PL 2011, c. 280, §1 (AMD).