Penobscot becomes 1st Maine county to consider a food sovereignty ordinance

The Penobscot County Commissioners are considering a food sovereignty ordinance — but if passed, it would only apply to select parts of the county.

Several residents in the unorganized territories in Penobscot County requested an ordinance to ensure they are complying with Maine law by selling food on the side of the road, Unorganized Territories Director George Buswell said during a commission meeting Tuesday.

Numerous towns in the state have adopted a food sovereignty ordinance, but Buswell said he believes Penobscot County would be the first county government to adopt one.

The proposed ordinance would allow residents of the unorganized territories to sell food directly to customers with no license or inspection from the Maine Department of Agriculture, Conservation and Forestry. An expansion to the 2017 Food Sovereignty Act allows municipalities to pass ordinances allowing unlicensed food sales outside of production facilities.

Unlike towns, unorganized territories do not have their own government. Instead, municipal services are provided by Penobscot County Commissioners, which is why this request has been brought to county officials. Maine has 429 unorganized territories , with the state and various county governments in charge of those territories.

The proposed ordinance is modeled after one used by the town of Chester in Penobscot County, and would only apply to the unorganized territories, Buswell said. Every statement refers to the unorganized territories and keeps organized towns out of the ordinance, Buswell said.

A town passing this ordinance is fine, but a county government shouldn’t weigh in on the issue, Commissioner Peter Baldacci said. He said he’s not inclined to support it.

“It’s not a municipal service, it’s a political statement, basically,” Baldacci said.

The county is required to provide the same municipal services to the unorganized territories as an organized town would, Commissioner Dave Marshall said. He said he thinks it’s exactly the kind of thing they’re expected to do.

“It has economic impact and has very real consequences to people,” Marshall said.

The law firm Rudman Winchell is reviewing the draft ordinance and a public hearing will be scheduled once the draft is returned.