An Act To Add Value to Maine Agricultural Products
Maine Legislature, Session 122, LD 1335
Committee: Legal and Veterans Affairs
Sponsors: EDMONDS, PATRICK, GAGNON, HASTINGS, MITCHELL, PLOWMAN, TURNER, BLANCHETTE, BROWN, FISHER
Amends: 28-A MRSA §707, 28-A MRSA §1012

Legislative Document 
No. 1335 
S.P.462 
In Senate, March 17,2005 
An Act To Add Value to Maine Agricultural Products 
(EMERGENCY) 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by President EDMONDS of Cumberland. 
Cosponsored by Representative PATRICK of Rumford and 
JOY J. O'BRIEN 
Secretary ofthe Senate 
Senators: GAGNON of Kennebec, HASTINGS of Oxford, MITCHELL of Kennebec, 
PLOWMAN of Penobscot, TURNER of Cumberland, Representatives: BLANCHETTE of 
Bangor, BROWN of South Berwick, FISHER of Brewer. 
Printed on recycled paper 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, it is necessary that this legislation take effect 
immediately in order to allow affected in-state manufacturers to 
obtain off-premises licenses prior to the summer season; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 28-A MRSA §707, sub-§3, as amended by PL 1987, c. 342, 
§41, is further amended to read: 
3. 
Retail licensee; interest in wholesaler or certificate 
of approval. Ne Except as authorized in section 1012, subsection 
~ 
retail licensee may not have any financial interest, direct 
or indirect, in any: 
A. 
Maine manufacturer's or wholesaler's license; or 
B. 
Certificate 
of 
approval 
issued 
to 
an 
out-of-state 
manufacturer or foreign wholesaler of malt liquor or wine. 
Sec. 2. 28-A MRSA §707, sub-§4, as repealed and replaced by PL 
1987, c. 342, §42, is amended to read: 
4. 
Certificate of approval holder or Maine manufacturer; 
interest 
in 
wholesaler 
or 
retail 
license. 
Ne 
Except 
as 
authorized 
in section 1012, 
subsection 
5, 
a 
certificate of 
approval 
holder 
or 
in-state 
manufacturer 
may 
not 
have 
any 
financial interest, direct or indirect, in any: 
A. 
Maine wholesale license; or 
B. 
Maine retail license. 
Sec.3. 28-A MRSA §1012, sub-§5 is enacted to read: 
5. 
Distillery 
off premises 
license. 
An 
in-state 
manufacturer may obtain a license to sell spirits for consumption 
off the manufacturer's premises, 
as long as the spirits were 
manufactured by that manufacturer, the manufacturer obtained the 
spirits for sale from a wholesale liquor provider and the spirits 
are sold on the premises of the manufacturer. 
• 
A. 
The license fee is $100. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill creates a limited off-premises license to allow an 
in-state manufacturer of spirits to sell only its product on its 
premises, 
as 
long 
as 
the 
product 
goes 
through 
the 
usual 
distribution process for spirits.