Maine Question 3, Right to Produce, Harvest, and Consume Food Amendment (2021)

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Maine Question 3
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Election date
November 2, 2021
Topic
Constitutional rights and Food and agriculture
Status
Approveda Approved
Type
Constitutional amendment		Origin
State legislature
2021 measures
November 2
Maine Question 1 Approved
Maine Question 2 Approved
Maine Question 3 Approved
Polls
Voter guides
Campaign finance
Signature costs

Maine Question 3, the Right to Produce, Harvest, and Consume Food Amendment, was on the ballot in Maine as a legislatively referred constitutional amendment on November 2, 2021. It was approved.

A "yes" vote supported this constitutional amendment to create a state right to growing, raising, harvesting, and producing food, as long as an individual does not commit trespassing, theft, poaching, or abuses to private land, public land, or natural resources. 

A "no" vote opposed this constitutional amendment to create a state right to growing, raising, harvesting, and producing food.


Election results

Maine Question 3

Result Votes Percentage

Approved Yes

249,273 60.84%
No 160,440 39.16%
Results are officially certified.
Source

Overview

What did this ballot measure add to the Maine Constitution?

See also: Constitutional changes

Question 3 declared that individuals have a "natural, inherent and unalienable right to food," including:[1]

  • "the right to save and exchange seeds" and
  • "the right to grow, raise, harvest, produce and consume the food of their own choosing for their own nourishment, sustenance, bodily health and well-being[.]"

Question 3 did not provide a right to harvest, produce, or acquire food in cases in which an individual commits trespassing, theft, poaching, or "other abuses of private property rights, public lands or natural resources."[1]

The constitutional amendment was added to the Maine Constitution's Declaration of Rights.

Were there similar constitutional amendments?

See also: Background

Maine Question 3 was the first state constitutional amendment to provide an explicit right to "grow, raise, harvest, produce and consume the food of their own choosing." As of 2021, several states had constitutional amendments that contained some similarities, such as amendments related to a right to hunt and fish, a right to farm, and a right to sell garden and farm products.

Aftermath

The Maine Supreme Judicial Court ruled that Question 3 does not invalidate the state's Sunday hunting ban on March 28, 2024. Virginia and Joel Parker sued the state, saying that their schedules limited their ability to hunt. The justices sided with the state, saying that the Sunday hunting ban does not conflict with the amendment. They wrote, "When the common definition of poaching is applied to the amendment, the effect of the poaching exception is that the right to hunt exists in situations in which hunting is otherwise legal but does not extend to situations in which hunting is illegal."[2]

Text of measure

Ballot title

The ballot question was as follows:[1]

“

Do you favor amending the Constitution of Maine to declare that all individuals have a natural, inherent and unalienable right to grow, raise, harvest, produce and consume the food of their own choosing for their own nourishment, sustenance, bodily health and well-being?[3]

”

Constitutional changes

See also: Article I, Maine Constitution

The ballot measure added a Section 25 to Article I of the Maine Constitution. The following underlined text was added:[1]

Section 25. Right to food. All individuals have a natural, inherent and unalienable right to food, including the right to save and exchange seeds and the right to grow, raise, harvest, produce and consume the food of their own choosing for their own nourishment, sustenance, bodily health and well-being, as long as an individual does not commit trespassing, theft, poaching or other abuses of private property rights, public lands or natural resources in the harvesting, production or acquisition of food.[3]

Readability score

See also: Ballot measure readability scores, 2021
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The Maine Secretary of State wrote the ballot language for this measure.


The FKGL for the ballot title is grade level 22, and the FRE is 18. The word count for the ballot title is 43, and the estimated reading time is 11 seconds.


Support

Right to Food Maine led the campaign in support of Question 3.[4]

Supporters

Officials


Arguments

  • State Rep. Justin Fecteau (R-86): "While most bills are simple text written in statute in order to convey a message, this resolution, to establish a right to food, is pure poetry. Whether it is the theory of Evolution or of Creationism, the Right to Food is the Original Right of all living beings. ... This isn’t a bill, it isn’t a resolution, it’s a manifesto of our Original Right. It’s a public health statement, it’s an affirmation of our relationship with Mother Earth, and it speaks to the spirit of Maine."
  • State Rep. William Faulkingham (R-136): "Jumping ahead 25 or 50 years into the future, could we see our government creating roadblocks and restrictions to the people’s right to food? Will the government be telling people what they are allowed to eat and where they can grow it? Will Monsanto own all the seeds, and will we have gotten so far from our roots that we won’t even have natural seeds anymore? Will people even be allowed to grow gardens? Or will gardening become a luxury reserved for the rich? ... Will we need it, 25, 33, or 50 years from now? If we wait until then to find out, it will be too late."
  • State Sen. Craig Hickman (D-14): "Food is life. There’s nothing more intimate than eating. Do we have a right to obtain the foods we wish, or don’t we? It’s really that simple. Let’s put it in black and white. Let’s put it in writing."


Opposition

No on 3: Right to Food is Wrong for Maine Committee led the campaign in opposition to Question 3.[5]

Opponents

Organizations

  • Animal Rights Maine
  • Maine Animal Coalition
  • Maine Farm Bureau
  • Maine Friends of Animals
  • Maine Municipal Association
  • Maine Potato Board
  • Maine Veterinary Medical Association


Arguments

  • Janelle D. Tirrell, Maine Veterinary Medical Association (MVMA) Legislative Committee Chair: "This amendment seems to be offering protections for animal husbandry practices that may or may not conform to accepted practices, and that lack oversight in favor of protecting the 'right' offered herein to 'access food.' One is left to wonder: Does this mean I can keep a cow in my Portland apartment? Can I slaughter pigs in my front yard? Must I abide by standards and practices for humane processing? Can I house laying hens in my basement?"
  • Katie Hansberry, Maine State Director for The Humane Society of the United States: "Unfortunately, Maine has had several neglect and cruelty cases involving livestock and wildlife species and the proposed amendment would provide a defense that they have a constitutional right to 'raise' and 'harvest' those animals as the food 'of their own choosing,' a right that is not subject to being limited by animal welfare or cruelty laws. The inclusion of the terms 'raise,' 'harvest,' and 'of their own choosing' could also result in a constitutional right for the consumption of species that are not viewed as food animals, such as cats and dogs or some wildlife species."
  • House Minority Leader Kathleen Dillingham (R-72): "This language is so broad we will be placing these challenges in the hands of the courts to interpret intent."
  • Julie Ann Smith, executive director of the Maine Farm Bureau: "We think it’s very dangerous to have the words ‘to consume the food of your own choosing.’ That is so broad and dangerous. It has the potential to cause serious problems in food safety, animal welfare."


Campaign finance

The campaign finance information on this page reflects the most recently scheduled reports processed by Ballotpedia, which covered through December 31, 2021.


See also: Campaign finance requirements for Maine ballot measures

Right to Food for Maine registered to support Question 3. The PAC received $44,421. No on 3 registered to oppose Question 3. The PAC received $28,580.[5]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $38,921.35 $5,500.00 $44,421.35 $34,292.10 $39,792.10
Oppose $28,080.00 $500.00 $28,580.00 $28,240.00 $28,740.00

Support

The contribution and expenditure totals for the committee supporting the ballot measure were as follows:[5]

Committees in support of Question 3
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Right to Food for Maine $38,921.35 $5,500.00 $44,421.35 $34,292.10 $39,792.10
Total $38,921.35 $5,500.00 $44,421.35 $34,292.10 $39,792.10

Donors

The following were the top donors to the support committee:[5]

Donor Cash Contributions In-Kind Contributions Total Contributions
Alicia Merinoff $10,000.00 $0.00 $10,000.00
Weston A. Price Foundation $6,941.71 $0.00 $6,941.71
Craig Hickman $100.00 $5,500.00 $5,600.00
Deboarh Little Wyman $5,000.00 $0.00 $5,000.00
Food for Maine’s Future $3,000.00 $0.00 $3,000.00

Opposition

The contribution and expenditure totals for the committee opposing the ballot measure were as follows:[5]

Committees in opposition to Question 3
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
No on 3: Right to Food is Wrong for Maine Committee $28,080.00 $500.00 $28,580.00 $28,240.00 $28,740.00
Total $28,080.00 $500.00 $28,580.00 $28,240.00 $28,740.00

Donors

The following were the top donors to the opposition committees:[5]

Donor Cash Contributions In-Kind Contributions Total Contributions
Peace Ridge Sanctuary $12,500.00 $0.00 $12,500.00
Animal Wellness Action $10,500.00 $500.00 $11,000.00
Maine Friends of Animals $4,000.00 $0.00 $4,000.00
Maine Animal Coalition $1,000.00 $0.00 $1,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials

See also: 2021 ballot measure media endorsements

Support

Ballotpedia did not identify media editorial board endorsements in support of a "Yes" vote on Question 3.

Opposition

  • Portland Press Herald Editorial Board: "Question 3 raises a lot of legitimate concerns, but it won’t necessarily fix them. Without that certainty, and without a clear and present danger to anyone’s right to the food they want, Maine shouldn’t take the drastic step of amending its constitution."
  • Bangor Daily News Editorial Board: "Even with the understanding that no right is absolute, we have a hard time seeing how creating this new, ambiguous constitutional right won’t lead to court challenges where judges, rather than the Legislature, will decide what this language really means. ... In legislative testimony earlier this year, a supporter of this right to food amendment called it “pure poetry.” Perhaps we lack imagination, but we believe constitutional amendments need more than poetry. They also need precision and clear definitions. We are unconvinced and unsure of the ramifications, and that is enough for us to oppose Question 3."


Background

Maine Food Sovereignty Act (2017)

In 2017, Gov. Paul LePage (R) signed legislation called the Maine Food Sovereignty Act (MFSA). Senate Majority Leader Troy Dale Jackson (D) sponsored the bill. The MFSA was intended to "encourage food self-sufficiency for [the state's] citizens." Under MFSA, local governments were allowed to adopt ordinances regarding direct producer-to-consumer transactions, rather than following the state's producer-to-consumer transaction laws. The legislation defined direct producer-to-consumer transactions as "face-to-face transaction[s] involving food or food products at the site of production of those food or food products." The MFSA required the Maine Department of Agriculture, Conservation and Forestry to support the following policies:[6]

  • "Through local control, preserve the ability of communities to produce, process, sell, purchase and consume locally produced foods;"
  • "Ensure the preservation of family farms and traditional foodways through small-scale farming and food production;"
  • "Improve the health and well-being of citizens of this State by reducing hunger and increasing food security through improved access to wholesome, nutritious foods by supporting family farms and encouraging sustainable farming and fishing;"
  • "Promote self-reliance and personal responsibility by ensuring the ability of individuals, families and other entities to prepare, process, advertise and sell foods directly to customers intended solely for consumption by the customers or their families; and"
  • "Enhance rural economic development and the environmental and social wealth of rural communities."

Constitutional amendments on food, farming, and harvesting

Maine Question 3 was the first state constitutional amendment to provide an explicit right to "grow, raise, harvest, produce and consume the food of their own choosing." As of 2021, several states had constitutional amendments that contained some similarities, such as amendments related to a right to hunt and fish, a right to farm, and a right to sell garden and farm products.

Minnesota Amendment 3 (1906)

See also: Minnesota Amendment 3, Right to Sell One’s Produce without License Amendment (1906)

In 1906, voters in Minnesota approved a constitutional amendment that created a right for persons to "sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefore."

Right to farm amendments

As of 2021, Missouri and North Dakota had adopted right-to-farm constitutional amendments, and one additional state—Oklahoma—had voted on but rejected a constitutional amendment.

Regarding Oklahoma Question 777, Tom Buchanan, president of the Oklahoma Farm Bureau, said a right-to-farm amendment was needed to prevent legislation "not friendly to agriculture" and that "[t]he regulatory environment is becoming more restrictive on a daily basis."[7] Adam Price, a representative for the Oklahoma Food Cooperative, opposed the right-to-farm amendment, saying the proposal would benefit "large corporations with a goal of just increasing their profits." Price added, "Our farmers already have the right to farm, they don’t need to run from regulation they have nothing to hide, they already produce foods that are healthy for the land, the animals and the consumers."[8]

Right to hunt and fish amendments

See also: History of right to hunt and fish constitutional amendments

As of 2021, 23 states had constitutional provisions providing for the right to hunt and fish. Vermont was the first state to constitutionalize such a right in 1777. The other 22 states had all adopted right to hunt and fish amendments since 1996. The following is a list of states with constitutional amendments establishing the right to hunt and fish:[9]

The state constitutions of California and Rhode Island included amendments guaranteeing the right to fish, but not to hunt.[10] As of 2021, voters in one state—Arizona—rejected a right to hunt and fish amendment in 2010.[11]

Constitutional amendments on Maine ballots

In Maine, the state legislature can propose amendments to the state constitution. Between 1995 and 2020, the state legislature referred 16 constitutional amendments to the ballot. Voters approved 12 (75%) of the proposed amendments. The last election to feature constitutional amendments in Maine was November 5, 2019. The following chart illustrates trends in constitutional amendments on the ballot in Maine:

Constitutional amendments on the ballot in Maine, 1995-2020
Total number Approved Percent approved Defeated Percent defeated Odd-year average Odd-year median Odd-year minimum Odd-year maximum
16 12 75.0% 4 25.0% 0.6 0.0 0 3

Path to the ballot

See also: Amending the Maine Constitution

In Maine, a two-thirds vote is required in one legislative session of the Maine State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 101 votes in the Maine House of Representatives and 24 votes in the Maine Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

State Rep. William Faulkingham (R-136) introduced the constitutional amendment as Legislative Document 95 (LD 95) during the 2021 legislative session. On June 10, 2021, the Maine House of Representatives voted 106 to 31 to pass the constitutional amendment. Of House Democrats, 75 voted "Yes" and 2 voted "No." Of House Republicans, 26 voted "Yes" and 29 voted "No." The constitutional amendment also received the support of the House's four independent and minor-party members. On July 2, 2021, the Maine State Senate voted to approve LD 95 (note: a vote was not recorded in the Senate).[1]

How to cast a vote

See also: Voting in Maine

Click "Show" to learn more about voter registration, identification requirements, and poll times in Maine.

See also

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Maine State Legislature ,"LD 95," accessed May 23, 2021
  2. ↑ Spectrum News, "Maine’s Sunday hunting ban is constitutional, court rules," March 28, 2024
  3. ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  4. ↑ Right to Food Maine, "Homepage," accessed November 1, 2021
  5. ↑ 5.0 5.1 5.2 5.3 5.4 5.5 Maine Commission of Governmental Ethics & Election Practices, "Political Action Committees," accessed July 6, 2021
  6. ↑ Maine State Legislature, "Maine Food Sovereignty Act," accessed July 10, 2021
  7. ↑ Connecticut Post, "Oklahoma voters to decide death penalty, farming questions," May 30, 2015
  8. ↑ Red Dirt Report, "Concerns raised over State Question 777," November 18, 2015
  9. ↑ National Conference of State Legislatures, "State Constitutional Right to Hunt and Fish," March 26, 2015
  10. ↑ National Shooting Sports Foundation, "State “Right to Hunt and Fish” Protections," accessed May 20, 2015
  11. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named ncsl
  12. ↑ Maine Revised Statutes, "Title 21-A, Chapter 9, Section 626," accessed April 14, 2023
  13. ↑ 13.0 13.1 13.2 13.3 Maine Bureau of Corporations, Elections & Commissions, "State of Maine Voter Guide," accessed April 14, 2023
  14. ↑ WMTW 8, “Maine governor signs automatic voter registration bill into law,” June 21, 2019
  15. ↑ Maine Legislature, "H.P. 804 - L.D. 1126: An Act To Update the Voter Registration Process," accessed June 8, 2023
  16. ↑ National Conference of State Legislatures, "Same Day Voter Registration," accessed January 31, 2023
  17. ↑ Maine Secretary of State, "Your Right to Vote in Maine," accessed April 15, 2023
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