Maine state law: home food processor licensing under 22 MRS § 2167 and Department of Agriculture rules

Per 22 MRS § 2167 (License required), a home food processor must hold a license issued by the Department of Agriculture, Conservation and Forestry before processing food at a residence for sale. The statute exempts producers whose gross sales fall below the threshold set by department rule and who sell only non-potentially-hazardous foods direct to consumers at the residence, at farmers' markets, or at agricultural fairs. Department rule 01-001 CMR Chapter 326 (Rules for Home Food Manufacture) governs eligibility, kitchen inspection, water-source standards, allowable food categories (jams, jellies, baked goods, candies, dry mixes, granola, herb blends, and other shelf-stable items), prohibited foods (meat products, dairy products requiring refrigeration, low-acid canned goods, fermented foods exceeding pH thresholds, and any potentially hazardous food), and labeling rules.

Each package sold must bear the producer's name and address, the product name, ingredients in descending order by weight, net weight, allergen disclosure, and the statement 'This product is home produced.' Maine's 'food sovereignty' law at 7 MRS § 281 et seq. (Maine Food Sovereignty Act) further permits municipalities to adopt local food ordinances authorizing direct producer-to-consumer transactions of homemade food without state licensing for transactions taking place within the adopting municipality, while preserving state authority over meat, poultry, and shellfish.

Operating without a required home food processor license is a violation of 22 MRS § 2167. The Department may issue stop-sale orders, refuse or revoke licenses, and seek civil penalties under 22 MRS § 2173.