Maine Revised Statutes Title 7 Sec. 2902-B – Sale of unpasteurized milk and milk products
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1. Sale of unpasteurized milk or milk product. A person may not sell unpasteurized milk or a product made from unpasteurized milk, including heat-treated cheese, unless the label on that product contains the words “not pasteurized.”
[PL 2005, c. 270, §3 (AMD).]
Terms Used In Maine Revised Statutes Title 7 Sec. 2902-B
- Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agent. See Maine Revised Statutes Title 7 Sec. 2900
- heat-treated: means processed by heating every particle of milk to a temperature of 145 degrees Fahrenheit for at least 30 minutes. See Maine Revised Statutes Title 7 Sec. 2900
- Milk: means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, goats or sheep. See Maine Revised Statutes Title 7 Sec. 2900
- Milk plant: means any place, premises or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, aseptically processed, bottled or otherwise prepared for distribution. See Maine Revised Statutes Title 7 Sec. 2900
- Milk products: means cream, light cream, light whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light cream, sour cream, acidified sour cream, cultured sour cream, milk, butter, evaporated milk, sweetened condensed milk, nonfat dry milk solids, half-and-half, sour half-and-half, acidified sour half-and-half, cultured sour half-and-half, concentrated milk and milk products, skim milk, reconstituted or recombined milk and milk products, low-fat milk, light milk, reduced fat milk, homogenized milk, frozen milk concentrate, eggnog, cultured milk, buttermilk, yogurt, cottage cheese, creamed cottage cheese, acidified milk, low-sodium milk, lactose-reduced milk, aseptically processed and packaged milk and milk products, milk with added safe and suitable microbial organisms and any other milk product, frozen dairy dessert or frozen dairy dessert mix, cheese or other product designated as a milk product by the commissioner that is made by the addition or subtraction of milkfat or addition of safe and suitable optional ingredients for protein, vitamin or mineral fortification. See Maine Revised Statutes Title 7 Sec. 2900
- Not pasteurized: means any milk or milk product that has not been subjected to the temperature and time requirements of pasteurization using equipment designed for pasteurization or has not been aseptically processed and packaged. See Maine Revised Statutes Title 7 Sec. 2900
- Person: means any individual, plant operator, partnership, corporation, company, firm, trustee, association or institution. See Maine Revised Statutes Title 7 Sec. 2900
2. Sale of unpasteurized milk or milk product at eating establishment. Except as provided in subsection 5, a person may not sell unpasteurized milk or a product made from unpasteurized milk at an eating establishment as defined in Title 22, section 2491, subsection 7.
[PL 2009, c. 652, Pt. B, §1 (AMD).]
3. Exception. This section does not apply to cheese that has been aged at a temperature above 35 degrees Fahrenheit for at least 60 days prior to sale.
[PL 2005, c. 270, §3 (AMD).]
4. Testing of unpasteurized milk products. The commissioner shall establish a process by rule for submitting samples of unpasteurized milk products to an independent laboratory for testing when:
A. The milk laboratory operated by the department has tested unpasteurized milk products and determined that they do not meet the standards for unpasteurized milk products established by rules adopted pursuant to section 2910; and [PL 2005, c. 172, §1 (NEW).]
B. The person operating the milk plant that processed the milk products has requested independent testing. [PL 2005, c. 172, §1 (NEW).]
The commissioner may require the person requesting the independent testing under paragraph B to pay for that testing. Any restrictions on the sale of unpasteurized milk products pending test results and after receipt of test results must be established by rule. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. For the purposes of this subsection, “independent laboratory” means a laboratory that is operated by a private entity or a public entity other than the department.
[PL 2005, c. 172, §1 (NEW).]
4. (REALLOCATED TO T. 7, §2902-B, sub-§5) Sale of heat-treated cheese at eating establishment.
[PL 2005, c. 270, §3 (NEW); PL 2005, c. 683, Pt. A, §12 (RAL).]
5. (REALLOCATED FROM T. 7, §2902-B, sub-§4) Sale of heat-treated cheese at eating establishment. Notwithstanding subsection 2, heat-treated cheese may be offered for consumption at an eating establishment as defined in Title 22, section 2491, subsection 7 provided the menu identifies items on the menu that contain or are made with heat-treated cheese and provides notice that heat-treated cheese is not pasteurized using the words “not pasteurized” on the menu.
[PL 2005, c. 683, Pt. A, §12 (RAL).]
SECTION HISTORY
PL 1999, c. 418, §2 (NEW). PL 2003, c. 452, §B18 (RPR). PL 2003, c. 452, §X2 (AFF). PL 2005, c. 172, §1 (AMD). PL 2005, c. 270, §3 (AMD). PL 2005, c. 683, §A12 (AMD). PL 2009, c. 652, Pt. B, §1 (AMD).