LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
309
JUNE 15, 2025 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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S.P. 50 - L.D. 124
An Act to Protect the Right to Food
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 3 MRSA §902, sub-§1-B, as enacted by PL 2013, c. 153, §1, is amended to
read:
1-B. Edible landscaping, food forests and community gardens. The commission
shall arrange for and oversee the development and implementation of a plan to incorporate
food-producing plants, shrubs or trees into the landscaping of a portion of Capitol Park.
Use of edible Edible landscaping must be consistent with the overall plan for the park under
section 902‑A, subsection 2 and is subject to available funding for the park.
The commission may seek and accept money and food-producing seeds, plants, shrubs or
trees from public and private sources for the development and maintenance of edible
landscaping throughout Capitol Park and may collaborate with local, state or regional
public or private entities with expertise in the design and maintenance of permaculture,
edible landscaping, food forests or community gardens.
For the purposes of this subsection, "food forest" has the same meaning as in Title 7, section
292, subsection 1 and "permaculture" has the same meaning as in Title 7, section 292,
subsection 2.
Sec. 2. 7 MRSA §2, sub-§6, ¶D, as enacted by PL 2021, c. 677, §1, is amended to
read:
D. Focusing on collective responsibility to amplify the voices of persons experiencing
food insecurity; and
Sec. 3. 7 MRSA §2, sub-§6, ¶E, as enacted by PL 2021, c. 677, §1, is amended to
read:
E. Closing the equity gap in household food insecurity by addressing underlying
structural inequities.; and
Sec. 4. 7 MRSA §2, sub-§6, ¶F is enacted to read:
F. Protecting the right to food as declared in the Constitution of Maine, Article I,
Section 25.
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 Sec. 5. 7 MRSA §282, as amended by PL 2023, c. 420, §1, is further amended to
read:
§282. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Direct producer-to-consumer transaction. "Direct producer-to-consumer
transaction" means an exchange of food or food products directly between a food producer
and a consumer by barter, trade or purchase on the property or premises owned, leased or
rented by the food producer; at roadside stands, fundraisers, farmers' markets and
community social events; or through buying clubs, deliveries or community-supported
agriculture programs, herd-share agreements and other private arrangements.
1-A. Consumer. "Consumer" means an individual who acquires food or food products
directly from a food producer of the individual's choosing solely for consumption by the
individual or the individual's family.
2. Food or food products. "Food or food products" means food or food products that
are grown, produced, processed or prepared for human consumption, including, but not
limited to, vegetables, fruit, eggs, grain or grain products, herbs, seasonings or spices, milk
or milk products, meat or meat products, poultry or poultry products, fish or fish products,
seafood or seafood products, cider or juice, acidified foods or, canned fruits or vegetables,
honey, nuts, maple products or condiments or any combination of those items, such as
baked goods, sandwiches or other meals, and that are provided in a direct producer-to-
consumer transaction.
2-A. Food producer. "Food producer" means a person that provides directly to a
consumer food or food products that the person:
A. Grows, raises or produces; or
B. Grows, raises, produces or acquires from another source and then processes or
prepares in a kitchen.
For the purposes of this subsection, "kitchen" means a room, area, site or location where
food or food products are produced, processed or prepared for a direct producer-to-
consumer transaction.
2-B. Food sovereignty. "Food sovereignty" means the right of persons to healthy and
culturally appropriate food produced through ecologically sound and sustainable methods
and the right of persons to define their own food and agriculture systems.
4. Traditional foodways. "Traditional foodways" means the cultural, social and
economic practices related to the production and consumption of food, including the
conveyance of knowledge regarding food production, preservation, preparation and
presentation.
Sec. 6. 7 MRSA §283, first ¶, as enacted by PL 2017, c. 314, §1, is amended to
read:
It is the policy of this State to encourage food self-sufficiency for its citizens. The
department State shall support policies that:
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 Sec. 7. 7 MRSA §283, sub-§4, as enacted by PL 2017, c. 314, §1, is amended to
read:
4. Self-reliance and personal responsibility. Promote self-reliance and personal
responsibility by ensuring the ability of individuals, families and other entities to prepare,
process, advertise and sell foods directly to customers intended solely for consumption by
the customers or their families; and
Sec. 8. 7 MRSA §283, sub-§5, as enacted by PL 2017, c. 314, §1, is amended to
read:
5. Rural economic development. Enhance rural economic development and the
environmental and social wealth of rural communities.; and
Sec. 9. 7 MRSA §283, sub-§6 is enacted to read:
6. Right to food. Protect the right to food as declared in the Constitution of Maine,
Article I, Section 25.
Sec. 10. 7 MRSA §283-A is enacted to read:
§283-A. Food sovereignty principles
The Legislature finds that advancing the principles of food sovereignty will further the
preservation of rural life and values as set forth in section 1-B and protect the right to food
as declared in the Constitution of Maine, Article I, Section 25. Food sovereignty:
1. Focuses on the people. Centers the right to sufficient, healthy and culturally
appropriate food for the people of the State in food, agriculture, livestock and fisheries
policies;
2. Values food producers. Values all those who grow, harvest and process food,
including women, small-scale farmers, herders, persons who fish commercially, forest
dwellers, indigenous populations and agricultural, migrant and fisheries workers;
3. Localizes food systems. Brings food producers and consumers closer together so
they can make joint decisions on food issues that benefit and protect the people of the State;
4. Promotes local control. Respects the right of food producers to have control over
their land, seeds and water and protects natural resources for the people of the State;
5. Builds knowledge and skills. Values the sharing of local knowledge and skills that
have been passed down through generations to safeguard traditional foodways and enhance
sustainable food production, free from technologies that undermine bodily health and well-
being; and
6. Works with nature. Focuses on production and harvesting methods that maximize
the contribution of ecosystems and improve the resiliency of local food systems in the face
of drought and other extreme weather conditions.
Sec. 11. 7 MRSA §284, as amended by PL 2021, c. 625, §3, is further amended to
read:
§284. Authority
Pursuant to the home rule authority granted to municipalities by Title 30‑A, section
3001 and by the Constitution of Maine, Article VIII, Part Second, pursuant to the authority
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granted to plantations by Title 30‑A, section 7051, and notwithstanding any provision of
law regulating food in this Title or Title 22 to the contrary, except as contained in section
285, a municipality or plantation may adopt ordinances regarding traditional foodways and
direct producer-to-consumer transactions, and the State shall recognize such ordinances by
not enforcing those laws or implementing rules with respect to those traditional foodways
or direct producer-to-consumer transactions that are governed by the ordinance.
Pursuant to the authority granted to county commissioners by Title 30‑A, section 7505
and notwithstanding any provision of law regulating food in this Title or Title 22 to the
contrary, except as contained in section 285, a county may adopt ordinances regarding
traditional foodways and direct producer-to-consumer transactions within one or more
unorganized territories within that county, and the State shall recognize such an ordinance
by not enforcing those laws or implementing rules with respect to those traditional
foodways or direct producer-to-consumer transactions that are governed by the ordinance.
Sec. 12. 7 MRSA §284-A is enacted to read:
§284-A. Application
The provisions of this chapter apply to any local food ordinance adopted by a
municipality, plantation or county, including those local food ordinances adopted prior to
October 31, 2017.
Sec. 13. 7 MRSA §284-B is enacted to read:
§284-B. Construction
To advance food sovereignty, the principles of food sovereignty pursuant to section
283-A and the policy of the State as set forth in this chapter, and to protect the right to food
as declared in the Constitution of Maine, Article I, Section 25, this chapter may not be
construed to require a specific form or framework for any ordinance regarding traditional
foodways or direct producer-to-consumer transactions authorized pursuant to section 284.
In accordance with Title 30-A, section 3001, subsections 1 and 3, any ordinance
regarding traditional foodways or direct producer-to-consumer transactions must be
liberally construed to effectuate the purpose of that ordinance.
Sec. 14. 7 MRSA c. 8-G is enacted to read:
CHAPTER 8-G
MAINE VEGETABLE GARDEN PROTECTION ACT
§291. Short title
This chapter may be known and cited as "the Maine Vegetable Garden Protection Act."
§292. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Food forest. "Food forest" means a diverse planting of edible plants that attempts
to mimic the ecosystems and patterns found in nature.
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 2. Permaculture. "Permaculture" means sustainable landscape design and ecosystems
based on a diversified crop of perennial trees, shrubs, herbs, vegetables, weeds, fungi and
root systems that weave together microclimate, annual and perennial plants, soils, water
management, wildlife and human needs into intricately connected, productive
communities.
3. Vegetable garden. "Vegetable garden" means any plot of ground or elevated soil
bed on residential property where annual or perennial vegetables, herbs, fruits, flowers,
pollinator plants, leafy greens or other food-producing plants are cultivated.
§293. Right to cultivate vegetable gardens
Pursuant to the right to food as declared in the Constitution of Maine, Article I, Section
25, and notwithstanding any provision of law to the contrary, an individual has the right to
cultivate vegetable gardens on the individual's property or on the private property of
another with the permission of the owner of that property, in any municipality, village,
plantation, county, unorganized territory or other political subdivision of this State.
§294. Permaculture, edible landscaping, food forests and community gardens
Pursuant to the right to food as declared in the Constitution of Maine, Article I, Section
25, any political subdivision of the State may develop and implement a program to promote
permaculture and establish edible landscaping, food forests and community gardens in
public spaces, including publicly owned properties, rights-of-way, school grounds, parks
and parking lots.
A political subdivision of the State that develops and implements a program under this
section may seek and accept money from public and private sources for the development
and maintenance of permaculture, edible landscaping, food forests or community gardens
and collaborate with local, state or regional public or private entities with expertise in the
design and maintenance of permaculture, edible landscaping, food forests or community
gardens.
§295. No prohibition or regulation
Pursuant to the right to food as declared in the Constitution of Maine, Article I, Section
25, and notwithstanding any provision of law to the contrary, the State or any political
subdivision of the State may not prohibit or regulate vegetable gardens, permaculture,
edible landscaping, food forests or community gardens in a manner inconsistent with this
chapter.
§296. Construction
This chapter may not be construed to prohibit the adoption of an ordinance or
regulation pursuant to the home rule authority granted to municipalities by the Constitution
of Maine, Article VIII, Part Second; the powers granted to villages, plantations, counties
or other political subdivisions of the State by Title 30-A; the powers granted to the Maine
Land Use Planning Commission by Title 12; and the powers granted to the Department of
Environmental Protection by Title 38 of a general nature that does not solely or specifically
apply to vegetable gardens, permaculture, edible landscaping, food forests or community
gardens, including, but not limited to, ordinances or regulations relating to setbacks, water
quality, plant and animal habitats, water use, fertilizer use, pesticide use or control of
invasive species, as long as the ordinance or regulation does not have the effect of
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precluding vegetable gardens, permaculture, edible landscaping, food forests or community
gardens in any political subdivision of the State.
Sec. 15. 7 MRSA §318, sub-§2, as amended by PL 2003, c. 167, §1, is further
amended by enacting at the end a new first blocked paragraph to read:
The panel, to the extent practicable, may give priority consideration to applications from
applicants who have a history of generational poverty or land dispossession in the United
States or from applicants who are veterans. For purposes of this subsection, "veteran"
means an individual who served in the United States Armed Forces and meets the definition
of "veteran" under 38 Code of Federal Regulations, Section 3.1 or who has served or is
currently serving in the Maine Army National Guard or Maine Air National Guard or the
Reserves of the United States Armed Forces.
Sec. 16. 12 MRSA §1814, as amended by PL 1999, c. 240, §1; PL 2011, c. 657, Pt.
W, §7; and PL 2013, c. 405, Pt. A, §24, is repealed and the following enacted in its place:
§1814. Convey land
1. Generally. Consistent with section 598‑A, the bureau may sell and convey lands
under this subchapter and improvements on those lands. With the consent of the Governor
and the commissioner and subject to the provisions of section 598‑A, the bureau may
convey interests in lands or lease the same. Any lease to the Federal Government requires
the approval of the Legislature. Any lease entered into must be canceled or revoked after
due notice of intention to cancel or revoke the lease by action of the bureau when the use
for which that lease was given has been abandoned or materially modified or whenever the
conditions imposed in any lease have been broken.
2. Lease for cultivating edible crops, hay or pasturage for livestock. Pursuant to
the right to food as declared in the Constitution of Maine, Article I, Section 25, the bureau,
with the consent of the Governor and the commissioner and subject to the provisions of
section 598-A, may lease the right to use parcels of land under this subchapter for purposes
of cultivating edible crops, hay or pasturage for dairy animals or other livestock. Each
lease must contain a provision that authorizes the bureau to terminate the lease at any time
when the bureau in its sole discretion determines that termination is in the best interests of
the State. The bureau may not issue any adjustment or compensation to any lessee under
this subsection on account of that termination. The bureau, to the extent practicable, in
establishing a lease under this subsection, may give priority consideration to individuals
with a history of generational poverty or land dispossession in the United States or to
individuals who are veterans. For purposes of this subsection, "veteran" means an
individual who served in the United States Armed Forces and meets the definition of
"veteran" under 38 Code of Federal Regulations, Section 3.1 or who has served or is
currently serving in the Maine Army National Guard or Maine Air National Guard or the
Reserves of the United States Armed Forces.
Sec. 17. 12 MRSA §1838, sub-§10 is enacted to read:
10. Lease for cultivating edible crops, hay or pasturage for livestock. Pursuant to
the right to food as declared in the Constitution of Maine, Article I, Section 25 and
consistent with section 598‑A, the bureau, with the consent of the Governor and the
commissioner, may lease the right to use parcels of nonreserved public land for purposes
of cultivating edible crops, hay or pasturage for dairy animals or other livestock. Each
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lease must contain a provision that authorizes the bureau to terminate the lease at any time
when the bureau in its sole discretion determines that termination is in the best interests of
the State. The bureau may not issue any adjustment or compensation to any lessee under
this subsection on account of that termination. The bureau, to the extent practicable, in
establishing a lease under th