WHAT AGENCIES REGULATE FOOD IN MAINE?

The Maine Department of Health and Human Services licenses food service establishments like restaurants and food trucks.

The Maine Department of Agriculture, Conservation and Forestry licenses food processors and retail establishments that mostly sell prepackaged food.

DO YOU NEED A LICENSE TO SELL FRESH PRODUCE?

Generally, no. 

“In Maine, farms, farm stands and farmers’ markets are not required to have a license to sell fresh produce,” DACF says. “This includes washing, cleaning or sorting of whole produce, as long as the produce remains in essentially the same condition when harvested. Storage facilities for native produce are also not required to be licensed.”

Drying and packaging certain single herbs — including lemon balm, basil, bay, chamomile, celery seed, chives, clover and lavender — does not require a license.

SO, WHEN DO YOU NEED A LICENSE?

If packaging fresh produce or dried herbs with vacuum or modified atmosphere packaging, you need a license from DACF. You also need a license if fresh produce is chopped, frozen, cooked or otherwise changed.

“Any packaged produce marketed as ‘washed and ready to eat’ must be packaged in a licensed commercial facility,” DACF says.

Packaging and freezing wild blueberries without the use of equipment after sorting and packing is exempt from licensing.

Farmers markets may also have their own rules, said Lindsay Werner, DACF inspection process analyst coordinator.

IT SOUNDS LIKE I NEED A LICENSE. WHICH ONE DO I NEED?

It depends. Werner says the first step is figuring out whether you need a license from DACF or DHHS.

Because there are many kinds of products and licenses, Werner suggests contacting DACF and asking to speak with the inspector in your region. DACF’s Division of Quality Assurance and Regulations can be reached at 207-287-3841.

To sell prepared or packaged food off-premises, like at a farmers market or a craft fair, you need a mobile vendor license from DACF. This license covers items like dairy products, baked goods, honey, jams and jellies, pickles, relishes, fresh seafood, prepackaged meats, cheese and maple syrup.

To sell shelf-stable products either at home or at retail establishments, you need a home food license from DACF. Non-shelf-stable products also require a commercial food processing license.

Neither license is required for selling only fresh produce, fresh eggs from a farm with fewer than 3,000 birds, or poultry from a producer with an exemption for having fewer than 1,000 birds, according to DACF.

Each license has various requirements, including for temperature controls and labeling.

Find more information and application forms at maine.gov/dacf/qar/.

WHAT ABOUT MAINE’S FOOD SOVEREIGNTY LAW?

The 2017 Food Sovereignty Act, generally speaking, lets municipalities regulate their food systems, if they so choose. In practical terms, that means state licensing requirements for certain food products may not apply in those municipalities.

Even if a local ordinance supersedes state licensing, Werner said some people and businesses still choose to get licenses.