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Quality Assurance & Regulations

When do you need a license to sell produce in Maine?

Agencies that regulate food in Maine:

Maine Department of Health & Human Services (HHS), Health Inspection Program (HIP) licenses food service establishments such as restaurants and food trucks.
Maine Department of Agriculture, Conservation & Forestry (DACF), Quality Assurance & Regulations Division licenses food processors and retail establishments that predominantly sell prepackaged food. See the Maine Food Law, Title 22, Chapter 551: Pure Foods and Drugs Generally.

More Produce Guidelines +

In Maine, farms, farm stands, and farmers' markets are not required to have a license to sell fresh produce. This includes washing, cleaning or sorting of whole produce, as long as the produce remains in essentially the same condition when harvested. Storage facilities for native produce are also not required to be licensed. Drying and packaging single herbs that are generally recognized as safe under 21CFR182 (Lemon balm, basil, bay, chamomile, celery seed, chives, clover, lavender, etc.) does not require a license.

In Maine, produce must be licensed when packaging fresh produce or dried herbs with vacuum or modified atmosphere packaging OR when changing the condition of the fresh produce through chopping, freezing, cooking, etc. There is an exemption from licensing for wild blueberries packaged and frozen without the use of equipment after sorting and packing. Freezing on trays before packing would require a license. This exception is due to the low pH (high acidity), wild blueberry skin properties, and lack of handling between packing and freezing. Any packaged produce marketed as “washed and ready to eat” must be packaged in a licensed commercial facility.

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