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.

' 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.