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Local food‑sovereignty ordinance placed on warrant despite liability questions
Summary
A proposed local food‑sovereignty ordinance will be included on the town meeting warrant for voter decision. Town staff said the draft follows a state model and advised the town is unlikely to face liability under the Maine Tort Claims Act; some board members raised concerns about business‑scale activity and regulation.
The select board agreed to include a draft local food‑sovereignty ordinance on the town meeting warrant after a discussion about scope and liability.
The ordinance draft, prepared by a group of residents and an attorney, follows the state model for local food‑sovereignty. "Notwithstanding other provisions of any other ordinances of the town to the contrary, food producers in the town are exempt from state and town licensure and inspection under state and local food laws with respect to direct to consumer transactions of local food and food products," the town administrator read from the draft.
A select board member said he was concerned about liability if someone became ill from food sold under the ordinance: "I'm just questioning the liability if somebody gets sick." Staff said they had consulted with the draft attorney, who advised the town that liability is unlikely under Maine's Tort Claims Act for legislative acts. The board agreed to include the ordinance on the warrant so voters can decide at town meeting.
