Title 7: AGRICULTURE AND ANIMALS
Part 2: MARKETING, GRADING AND LABELING
Chapter 101: GENERAL PROVISIONS
Subchapter 1-A: DIRECT MARKETING OF AGRICULTURAL
COMMODITIES HEADING: PL 1977, C. 505 (NEW)
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 meet the requirements of
subsection 2, paragraph B.
[1993, c. 138, §1
(NEW).]
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,
wine, ornamental or vegetable plants, nursery products, firewood and Christmas
trees. [1993, c. 138, §1 (NEW).]
[ 1993, c.
138, §1 (NEW) .]
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. [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 product
offered by that person was grown or processed by that person or under that
person's direction. A product not grown or processed by that person must have
been grown or processed by and purchased directly from another farmer. [2005, c. 512, §5 (AMD).]
[ 2005, c.
512, §5 (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.
[ 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.
[ 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.
[ 2005, c.
512, §6 (NEW) .]
SECTION HISTORY
1993, c.
138, §1 (NEW). 2005, c. 512, §§5,6 (AMD).