Why Portland, Maine Needs a Food Sovereignty Ordinance
Portland, Maine is known for its vibrant food scene, resilient communities, and progressive values. But when it comes to food sovereignty (the right of people to grow, process, and distribute food on their own terms) Portland is truly falling behind.
What is Food Sovereignty?
Food sovereignty goes beyond food security. It affirms the rights of individuals and communities to access healthy, culturally appropriate food produced through ecologically sound and sustainable methods, and to define their own food and agriculture systems. In practice, this includes supporting home-based producers, small-scale growers, and mutual aid networks.
The Legal Foundation in Maine
Maine is a national leader in food rights:
In 2017, Maine passed the Food Sovereignty Act which is "An Act to Recognize Local Control Regarding Food Systems.” It allows municipalities to regulate direct producer-to-consumer food transactions by local ordinance.
In 2019, the Resolve to End Hunger by 2030 (LD 1159) was signed with full bi-partisan support.
In 2021, Maine became the first state in the nation to ratify a Right to Food in its constitution. Article I, Section 25 of the Maine Constitution reads: “All individuals have a natural, inherent and unalienable right to grow, raise, harvest, produce and consume the food of their own choosing...”
Just last year (2025), Maine passed LD 124 to strengthen the original Food Sovereignty Act, clarifying that municipalities have the legal authority to regulate not just food sales, but also food preparation and processing when conducted direct-to-consumer and within that community (amongst other things including mutual aid efforts). The goal was to reinforce local control and eliminate previous ambiguity.
What’s the Problem in Portland?
Despite state-level progress, Portland does not have a food sovereignty ordinance. That means home-based producers in the city face unnecessary barriers to feeding their neighbors:
Home bakers and gardeners cannot legally sell their homemade goods without costly licenses
Mutual aid projects and farm stands risk being shut down
Locals are blocked from participating in the local economy despite rising costs across the city
Meanwhile, over 100 other Maine towns have adopted ordinances that protect and encourage neighbor-to-neighbor food exchange. Portland, as the state’s most populated and most food-diverse city, should be leading this movement rather than lagging behind.
What’s Allowed Now (Under Current State & Local Law)
Because Portland has not adopted a food sovereignty ordinance, the following rules apply:
Currently Allowed (without license)
Selling unprocessed fruits and vegetables and whole eggs from your own property.
Giving away any kind of food as long as no money changes hands.
Personal consumption of anything you grow, bake, or make for yourself or your household.
Currently Not Allowed (without license):
Selling baked goods, canned goods, fermented foods, or any prepared foods made in a home kitchen without inspection and samples mailed for testing.
Running a mutual aid farm stand or porch-sale setup where the above food is exchanged for money, even if small-scale.
Selling culturally significant home-cooked meals to neighbors unless produced in a licensed commercial kitchen.
Operating any cottage food business legally unless you meet state-level requirements (which include licensing, inspections, labeling, and in some cases a commercial kitchen).
What Would the Ordinance Do?
A food sovereignty ordinance:
Eliminates local licensing requirements for low-risk, direct-to-consumer food sales within Portland and directly from the producer to the buyer.
Allows sales of homemade foods (baked goods, pickles, jams, fermented foods, etc.) made in a home kitchen and sold on your own property without requiring a license or commercial space and without having to send samples to be tested.
Protects home farm stands, porch sales, and neighbor-to-neighbor transactions, as long as no food is shipped, sold off seller’s property or outside Portland.
Creates legal space for mutual aid food distribution, community food projects, and cultural food practices currently operating in legal gray areas.
Empowers immigrant, low-income, and BIPOC residents to engage in food entrepreneurship with fewer startup barriers.
Why Now?
Portland residents are facing rising food insecurity, deepening economic divides, and already endured witness to what happens with the government cuts SNAP benefits. As housing costs soar and stability is harder to come by, local food networks are becoming a lifeline. But they need legal protection to thrive.
Residents across the city, including myself, are already growing food, sharing it with neighbors, and starting small garden stands. But without an ordinance, we're limited on what we can offer our neighbors without doing so in a legal gray area.
Take Action
If you live in Portland:
Fill out the community survey to share your thoughts and stories
Contact your city councilor and ask them to support a food sovereignty ordinance
Share the link to this blog post to spread awareness and build momentum
Final Thoughts
Food sovereignty is about more than food. It’s about dignity, access, sustainability, and reclaiming our power as a community. This has been embraced by towns across the state and at the state-level. Portland has the values, the tools, and the need. It’s time to act so they align.
Sources
https://legislature.maine.gov/statutes/7/title7ch8-F.pdf
https://www.merrymeetingfoodcouncil.org/food-sovereignty
https://www.maine.gov/dacf/qar/permits_and_licenses/documents/home-license-101.pdf
https://wgme.com/news/local/food-pantries-see-increased-need-report-finds-maine-food-insecurity-up-47-mainers-hunger-free-america-snap-benefits
https://www.maine.gov/dacf/qar/inspection_programs/documents/mmpi/food-sovereignty-and-meat-and-poultry-products-factsheet.pdf
https://www.maine.gov/future/hunger/dashboard
https://legislature.maine.gov/legis/bills/display_ps.asp?LD=124
https://mainemorningstar.com/2025/10/24/maine-experts-say-feds-hiding-the-evidence-by-eliminating-key-food-security-survey/
https://lawguides.mainelaw.maine.edu/c.php
