APPROVED CHAPTER
JULY 8, 2021 426
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
S.P. 250 - L.D. 636
An Act To Encourage the Purchase of Local Foods for Public Schools
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, school administrative units have an immediate need to provide high-
quality, locally grown foods to Maine students, many of whom experience food insecurity;
and
Whereas, school administrative units require the ability to access the State's enhanced
program providing local foods to public schools in the current fiscal year; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §6602, sub-§12, as amended by PL 2019, c. 511, §1 and
affected by §2, is further amended to read:
12. Local Produce Foods Fund. The Local Produce Foods Fund is established within
the department. The fund is authorized to receive revenue from public and private sources.
The fund must be held separate and apart from all other money, funds and accounts. Any
balance remaining in the fund at the end of the fiscal year must be carried forward to the
next fiscal year. The fund must be used to match $1 for every $3 a school administrative
unit pays for produce, value-added dairy, protein or minimally processed foods purchased
directly from a farmer, farmers' cooperative or, local food hub, local food processor or food
service distributor in the State, to a maximum state contribution of $1,000 per school
administrative unit in fiscal year 2019-20 and $1,500 $5,000 per school administrative unit
in fiscal year 2020-21 2021-22 and subsequent years or $2,000 $5,500 per school
administrative unit if funding is received and the school administrative unit sends a food
service employee to local foods training administered by the department under subsection
13. All foods purchased using the fund must be grown or produced in the State. At the
end of the fiscal year, the school administrative unit may provide the department with
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receipts documenting purchases pursuant to this subsection during that year. For purposes
of this subsection, "minimally processed" means only the washing, cleaning, trimming,
peeling, slicing, drying, sorting, refrigerating, freezing and packaging of food items or a
combination of those activities. Reimbursement or partial reimbursement to school
administrative units may only be made up to the amount available in the fund. Failure to
reimburse does not constitute an obligation on behalf of the State to a school administrative
unit. The department shall apply for federal grant funding to provide state contributions in
excess of $1,000 per school administrative unit in fiscal year 2019-20 and $1,500 $5,000
per school administrative unit in fiscal year 2020-21 2021-22 and subsequent years
pursuant to this subsection if applicable grant funding is available. The department may
accept grant funding from hospitals and other sources to provide state contributions in
excess of $1,000 per school administrative unit in fiscal year 2019-20 and $1,500 $5,000
per school administrative unit in fiscal year 2020-21 2021-22 and subsequent years
pursuant to this subsection.
Sec. 2. 20-A MRSA §6602, sub-§12-A is enacted to read:
12-A. Local Foods Fund reimbursement. Reimbursement or partial reimbursement
to school administrative units may be made only up to the amount appropriated to support
the provisions of the Local Foods Fund as established in subsection 12. Funds appropriated
for this purpose do not lapse but must be carried forward to the next fiscal year to be used
for the same purpose.
Sec. 3. Appropriations and allocations. The following appropriations and
allocations are made.
EDUCATION, DEPARTMENT OF
Local Foods N371
Initiative: Transfers funding to support the use of local produce in schools to a newly
created Local Foods Fund.
GENERAL FUND 2020-21 2021-22 2022-23
All Other $300,813 $322,500 $322,500
__________ __________ __________
GENERAL FUND TOTAL $300,813 $322,500 $322,500
School Finance and Operations Z078
Initiative: Transfers funding to support the use of local produce in schools to a newly
created Local Foods Fund.
GENERAL FUND 2020-21 2021-22 2022-23
All Other ($300,813) ($322,500) ($322,500)
__________ __________ __________
GENERAL FUND TOTAL ($300,813) ($322,500) ($322,500)
EDUCATION, DEPARTMENT OF
DEPARTMENT TOTALS 2020-21 2021-22 2022-23
GENERAL FUND $0 $0 $0
__________ __________ __________
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DEPARTMENT TOTAL - ALL $0 $0 $0
FUNDS
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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Statutes affected:
Bill Text LD 636, SP 250: 20-A.6602
Bill Text ACTPUB , Chapter 426: 20-A.6602