GREENWOOD — Selectmen are considering a citizen request to propose a “local food” ordinance that would protect the sales of home-grown and home-prepared food.
Suzanne Dunham, owner of Dunham Farm, said the ordinance would protect people who want to sell their backyard garden produce at farmers markets, public suppers and bake sales.
“Most people don’t know the USDA can come in and shut them down,” she said, though that is a rare occurrence.
She said an ordinance would exempt producers from licensure for the sale of food directly from the producer to a home customer or at a community social event.
Dunham said 16 towns in Maine have such ordinances, and she provided the ordinance from Sedgwick as an example.
That ordinance states that the town has “the right to produce, process, sell, purchase and consume local foods, thus promoting self-reliance, the preservation of family farms, sustainable agricultural practices and food processing by individuals, families and non-corporate entities offers stability to our rural way of life by enhancing the economic, environmental and social wealth of our community.
“We have faith in our citizens’ ability to educate themselves and make informed decisions,” the ordinance states. “We hold that federal and state regulations impede local food production and constitute a usurpation of our citizens’ rights to foods of their choice.”
The ordinance cites state law granting municipalities “all powers necessary to protect the health, safety and welfare” of the town.
In discussing the proposal for Greenwood, selectmen were mixed in their reactions.
Amy Chapman said she favored it.
But Selectman Arnie Jordan said, “I don’t like it.”
He said he agreed with the concept but wondered about enforcement. He added, citing wording in the Sedgwick ordinance, “I don’t have faith that all the citizens are going to have the ability to educate themselves.”
He asked about possibly getting a legal opinion on the issue.
Dunham said that was how the ordinances for other towns had been created.
Jordan was skeptical that Greenwood would be able to overrule state and federal regulations.
Chapman acknowledged his point, noting that typically the state tells towns they can be more restrictive than state law in their ordinances, but not less.
Chairman Fred Henderson said many issues are subject to “home rule.”
Chapman suggested checking with the Maine Municipal Association, and Dunham agreed to try to get more information from other towns that have such ordinances.
Any ordinance change would require town meeting approval.
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