Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 347 - BIRCH AND MAPLE SYRUP PROCESSING
Section 001-347-9 - Licensing

A. Application and Fee. Application for approval for Birch and Maple Syrup Processing Plants shall be filed annually with the Department of Agriculture, Conservation & Forestry. Applications shall be accompanied by the appropriate fee as enumerated in Chapter 330, License Fees to Manufacture and Sell Food & Beverages.

B. Additional License for Off Premises Further Processing of Birch and Maple Syrup Products. The license for a birch and maple syrup processing plant allows the license holder to sell birch and maple syrup retail from the maple processing property and to distribute wholesale without additional license. Birch and maple syrup manufacturers who finish, bottle, blend and manufacture sugar, candy and other products shall obtain additional licensing for the location which birch, and maple products are further processed. Labeling of maple and birch products shall meet the labeling requirement of sections 6 and 8 of this rule.

C. Additional License for Off Premises Sales. The license for a birch and maple syrup processing plant allows the license holder to sell maple syrup retail from the maple processing property and to distribute wholesale without additional license. Retailing products beyond the processing property requires the seller to obtain a mobile vendor license from the Department to sell packaged products, except for packaged products offered for retail sale in a permanent structure at an agricultural fair that holds a valid license as described in (C.) below.

D. Maple Product Sales at Agricultural Fairs. Permanent structures erected on fair grounds shall be licensed by the Department of Agriculture, Conservation & Forestry for the retail sale of maple syrup and products. All portable vending carts, trailers or vehicles engaged in birch or maple product food service sales shall be licensed by the Department of Health & Human Services, Health Inspection Program.

E. Inspection and Issuance. Before a license is issued or renewed the Department shall inspect the premises of the applicant.

The Commissioner shall, within 30 days following receipt of application, issue a license to operate any Birch or Maple Syrup Processing Plant which is found to comply with 22 M.R.S.A., Chapter 551, Subchapter I and the provisions of this chapter. When any such applicant, upon inspection by the Commissioner, is found not to meet such requirements, the Commissioner is authorized to issue either a temporary license for a specified period not to exceed 90 days, during which time corrections specified by the Commissioner shall be made by the applicant for compliance or a conditional license setting forth conditions which shall be met by the applicant to the satisfaction of the Commissioner.