Maine Home Food Manufacturing Codes
01- DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES
001 DIVISION OF REGULATIONS
Chapter 345 HOME FOOD MANUFACTURING
SUMMARY: The purpose of this chapter is to set forth standards for licensing
and regulations for home food manufacturing, including shellfish processing.
I . Definitions. For purposes of this chapter and unless
the context otherwise indicates, the following words shall have the following
A. "Corrosion resistant material" means those materials that maintain their
original surface characteristics under prolonged influence of the food to be
contacted, the normal use of cleaning compounds and bactericidal solutions,
and other conditions of the environment.
B. "Department" means the Maine Department of Agriculture, Food And Rural Resources.
C. "Food contact surfaces" means those surfaces of equipment and utensils with
which food comes in contact, and those surfaces from which food may drain, drip,
or splash back onto surfaces normally in contact with food.
D. "Food" means articles used for food or drink for man, chewing gum and articles
used -for components of any such article.
E. "Home food manufacturing" means an establishment in the home in which food
is processed or otherwise prepared and-packaged-for human-consumption and offered
for sale directly to the consumer or through other distribution methods. .
F. "Kitchen" means a room, place or equipment for the preparation and cooking
G. "Potentially hazardous foods" means any perishable food or food product
which consists in whole or in part of milk or any other ingredient capable of
supporting rapid and progressive growth of infectious and toxigenic microorganisms
including, but not limited to, cream fillings in pies, cakes or pastries; custard
products; meringue topped bakery products; or butter cream type fillings in
A. The grounds of the outer premises of the home shall be reasonably clean
and well drained, free from any materials or conditions that create rodent,
bird and/or insect harborages and free from other nuisances and sources of contamination.
B. Sewage and waste water shall be disposed of in a sanitary manner.
3. Kitchen Construction and Design
A. Food preparation shall be done only in an area which will assure the production
of a wholesome, uncontaminated product.
B. All doors and windows in the preparation area shall be provided with screens.
C. Floors shall be smooth and kept in a clean and sanitary condition at all
D. Walls and ceilings shall be constructed so as to be readily cleanable. They
shall be kept clean and in good repair.
E. All food contact surfaces shall be of a non absorbent, corrosion resistant
material such as stainless steel, formica, or other chip resistant nonpitted,
4. Equipment and Utensils
A. Equipment and utensils shall be adequate for their intended use.
B. Equipment shall be designed to prevent food contamination.
C. Equipment and utensils shall be kept in a clean, sanitary condition at all
5. Sanitary Facilities and Controls
A. There shall be an adequate supply of hot and cold water under pressure.
A two bay sink made of ' corrosion resistant material-shall-be-used. These facilities
shall be provided in or adjacent to the food preparation area.
B. Private water supplies shall be tested yearly.
C. The food contact surfaces of all equipment and utensils shall be sanitized
as necessary to prevent contamination. Sanitization shall be accomplished by
one of the following methods: (1) immersion for at least one-half (1/2) minute
in clean, hot water at a temperature of at least 170 F; or (2) immersion for
at least one minute in a clean solution containing at least 50 parts per million
of available chlorine as a hypochlorite and at a temperature of at least 75
F; or (3) immersion for at least one minute in a clean solution containing at
least 12.5 parts per million of available iodine and having a PH not higher
than 5.0 and at a temperature of at least 75 F.
Utensils and product contact surfaces of equipment which cannot be immersed
shall be sanitized by rinsing with one of the three solutions described in this
D. Toilet facilities shall be maintained in a sanitary condition and kept in
good repair. In all new construction, doors shall not open directly into the
food preparation area.
E. No animals or birds or uncontrolled children shall be allowed in the food
F. Provision shall be made for proper disposal of waste in covered, fly tight,
metal or plastic containers.
G. No tobacco shall be used in any form during the processing of food.
6. Food Protection
A. Potentially hazardous foods shall be refrigerated at a temperature of 45
F. or below. Frozen foods to be kept at a temperature of 0 F or below.
B. All food products shall be wrapped, or if unwrapped, covered by an enclosed
display case or jar with cover.
C. Only new glass containers, or home canning glass containers designed and
intended for reuse, shall be used for the packaging of foods that are offered
for sale. Reusable containers shall be sanitized prior to reuse. Seals shall
not be reused.
D. Home canned foods that require pressure cooking for scaling shall not be
When products are sold to stores, sold wholesale for further distribution,
or retailed by any manner of public marketing, each individual item shall bear
a label showing:
1. The common or usual name of the product.
2. Ingredients in order of predominance.
3. Net weight or numerical count.
4. The name and address of the producer, manufacturer or distributor and zip
code. When sold directly to a consumer from the home, the product does not require
A. Application and Fee. Application for approval for Home Food Manufacturing
shall be filed annually with the Department of Agriculture, Food and Rural Resources.
See license application for license fees. In order to allow for the staggering
of license. expiration dates, initial licenses may be issued for a period exceeding
twelve months. In such cases, the initial license fee shall be increased in
proportion to the length of the license period.
B. 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 food establishment which is found to comply with this
chapter and any rules and regulations adopted by the commissioner. When any
such applicant upon inspection by the commissioner, is found not to meet the
requirements of this chapter or regulations adopted here under, 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
BASIS STATEMENT: In PL 1979, C. 672. Sections 51 through 58, the Legislature
authorized the commissioner of the Department of Agriculture, Food And Rural
Resources to license food establishments other than eating establishments and
to promulgate applicable licensing standards to promote sanitary practices in
the manu facture, preparation and sale of food. This chapter is one of seven
chapters promulgated pursuant to this mandate. The individual chapters respectively
apply to BAKERIES (COMMERCIAL, RETAIL AND DISTRIBUTORS), CIDER AND APPLE JUICE
PLANTS, FOOD PROCESSING AND MANUFACTURING, FOOD STORAGE WAREHOUSE, HOME FOOD
MANUFACTURING, MOBILE VENDOR, RETAIL FOOD ESTABLISHMENTS.
Authority: 10 MRSA . 2625,22 MRSA .. 2153,2157.9B, 2176,2168 and 2169.
EFFECTIVE DATE: DEC. 9,1980