Penobscot County business says state violated right to food freedom

Apr. 28—A small home food kitchen in Penobscot County that was shut down by state regulators because it was not licensed is asking a court to allow it to resume making prepared meals for the rural community while a lawsuit makes its way through court.

The Farm-to-Consumer Legal Defense Fund and Kenduskeag Kitchen owner Rhiannon Deschaine say the action taken by the state to shut down the business because it lacked a food establishment license violates measures in the state law and the state constitution that protect food freedom. The business sold gourmet carry-out meals to the community.

The defense fund this week filed a motion for a preliminary injunction against the Maine Department of Health and Human Services to allow Kenduskeag Kitchen to continue operating, according to the group.

Late last year, DHHS determined that Kenduskeag Kitchen must obtain a food establishment license, which requires a full commercial kitchen, the defense fund said in a statement. Deschaine says her business has been shut down since December because of the threat of fines and legal action.

"This has taken away my meals as options for my community members, who came to enjoy the availability of a wholesome, homemade meal," she said in the statement. "The State's action has created further financial strain for my family amid rapidly rising costs of living in our area. Living with the threats of fines and legal action has caused anxiety and confusion among my family and community."

A DHHS spokesperson did not immediately respond Friday morning to a request for information about Kenduskeag Kitchen or a reaction to the lawsuit.

The lawsuit accuses the state of violating the Maine Food Sovereignty Act of 2017 and the Maine Right to Food constitutional amendment that was approved by voters in 2021. The amendment — the first of its kind in the country — says individuals have the right to grow, produce and consume the food of their choice for their own nourishment, sustenance, bodily health and well-being.

The Farm-to-Consumer Legal Defense Fund maintains that by requiring the use of a commercial kitchen and license, the state has violated the Maine Food Sovereignty Act and its requirement to permit local control of local food production and consumption.

The town of Kenduskeag passed a local ordinance in 2021 that governs direct-to-producer transactions, which are regulated by the town rather than the state, said Alexia Kulweic, executive director of Farm-to-Consumer Legal Defense Fund, a Virginia-based nonprofit that aims to protect the rights of farmers, food producers and consumers to engage in direct commerce.

"The Maine Food Sovereignty Act provides that the State must recognize local ordinances regulating direct food producer-to-consumer transactions and not enforce state regulation that would otherwise apply to those transactions, such as licensing or registration requirements," Kulwiec said in a statement. "This Maine statute was intended to support local control of local food production and consumption, small scale farming and food production, improved well-being and health, self-reliance and personal responsibility and rural economic development."

This story will be updated.